Common use of Not a Joint Venture Clause in Contracts

Not a Joint Venture. Neither the execution of this Agreement nor the Lenders' several ownership of interests in Loans, nor any agreement to share in profits or losses arising as a result of the Loans, is intended to be, nor shall it be construed to be: (a) the formation of a partnership or joint venture between the Lead Lenders and Lenders, or (b) the creation of a loan transaction between the Lead Lenders, as borrower, and Lender, as lender. Vestin Mortgage, in its capacity as Lead Lender, shall not be deemed to be a trustee for the Lenders in connection with the Loans or their interests therein. Vestin Mortgage, in its capacity as Lead Lender, shall owe to the Lenders no duty except as specifically set forth in this Agreement, and no lender shall be liable to any other person for the liability of any other lender arising in connection with the Loans or any transaction related to the Loans, except as may be expressly set forth in this Agreement.

Appears in 3 contracts

Samples: Intercreditor Agreement (Vestin Fund I LLC), Intercreditor Agreement (Vestin Realty Trust II, Inc), Intercreditor Agreement (Vestin Fund Iii LLC)

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Not a Joint Venture. Neither the execution of this Agreement nor the Lenders' ’ several ownership of interests in Loans, nor any agreement to share in profits or losses arising as a result of the Loans, is intended to be, nor shall it be construed to be: (a) the formation of a partnership or joint venture between the Lead Lenders and Lenders, or (b) the creation of a loan transaction between the Lead Lenders, as borrowerlender, and Lender, as lenderborrower. Vestin Mortgage, in its capacity as Lead Lender, shall not be deemed to be a trustee for the Lenders in connection with the Loans or their interests therein. Vestin Mortgage, in its capacity as Lead Lender, shall owe to the Lenders no duty except as specifically set forth in this Agreement, and no lender shall be liable to any other person for the liability of any other lender arising in connection with the Loans or any transaction related to the Loans, except as may be expressly set forth in this Agreement.

Appears in 3 contracts

Samples: Intercreditor Agreement (Vestin Fund Iii LLC), Intercreditor Agreement (Vestin Realty Mortgage II, Inc), Intercreditor Agreement (Vestin Realty Mortgage I, Inc.)

Not a Joint Venture. Neither the execution of this Agreement nor the Lenders' several ownership of interests in Loansthe Loan, nor any agreement to share in profits or losses arising as a result of the LoansLoan, is intended to be, nor shall it be construed to be: (a) the formation of a partnership or joint venture between the Lead Lenders Lender and LendersLender, or (b) the creation of a loan transaction between the Lead LendersLender, as borrower, and Lender, as lender. Vestin Mortgage, in its capacity as Lead Lender, shall not be deemed to be a trustee for the Lenders Lender in connection with the Loans Loan or their interests therein. Vestin Mortgage, in its capacity as Lead Lender, shall owe to the Lenders Lender no duty except as specifically set forth in this Agreement, and no lender Lender shall be liable to any other person for the liability of any other lender Lender arising in connection with the Loans Loan or any transaction related to the LoansLoan, except as may be expressly set forth in this Agreement.

Appears in 3 contracts

Samples: Intercreditor Agreement (Vestin Fund Iii LLC), Intercreditor Agreement (Vestin Realty Trust II, Inc), Intercreditor Agreement (Vestin Fund Ii LLC)

Not a Joint Venture. Neither the execution of this Agreement nor the Lenders' ’ several ownership of interests in Loans, nor any agreement to share in profits or losses arising as a result of the Loans, is intended to be, nor shall it be construed to be: (a) the formation of a partnership or joint venture between the Lead Lenders and Lenders, or (b) the creation of a loan transaction between the Lead Lenders, as borrowerlender, and Lender, as lenderborrower. Vestin Mortgage, in its capacity as Lead Lender, shall not be deemed to be a trustee for the Lenders in connection with the Loans or their interests therein. Vestin Mortgage, in its capacity as Lead Lender, shall owe to the Lenders no duty except as specifically set forth in this Agreement, and no lender shall be liable to any other person for the liability of any other lender arising in connection with the Loans or any transaction related to the Loans, except as may be expressly set forth in this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Vestin Fund I LLC), Intercreditor Agreement (Vestin Fund Ii LLC)

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Not a Joint Venture. Neither the execution of this Agreement nor the Lenders' several ownership of interests in Loans, nor any agreement to share in profits or losses arising as a result of the Loans, is intended to be, nor shall it be construed to be: (a) the formation of a partnership or joint venture between the Lead Lenders and Lenders, or (b) the creation of a loan transaction between the Lead Lenders, as borrower, borrower and Lender, as lender. Vestin Mortgage, in its capacity as Lead Lender, shall not be deemed to be a trustee for the Lenders in connection with the Loans or their interests therein. Vestin Mortgage, in its capacity as Lead Lender, shall owe to the Lenders no duty except as specifically set forth in this Agreement, and no lender shall be liable to any other person for the liability of any other lender arising in connection with the Loans or any transaction related to the Loans, except as may be expressly set forth in this Agreement.

Appears in 2 contracts

Samples: Intercreditor Agreement (Vestin Group Inc), Intercreditor Agreement (Vestin Group Inc)

Not a Joint Venture. Neither the execution of this Agreement nor the Lenders' several ownership of interests in Loans, nor any agreement to share in profits or losses arising as a result of the Loans, is intended to be, nor shall it be construed to be: (a) the formation of a partnership or joint venture between the Lead Lenders and Lenders, or (b) the creation of a loan transaction between the Lead Lenders, as borrowerlender, and Lender, as lenderborrower. Vestin Mortgage, in its capacity as Lead Lender, shall not be deemed to be a trustee for the Lenders in connection with the Loans or their interests therein. Vestin Mortgage, in its capacity as Lead Lender, shall owe to the Lenders no duty except as specifically set forth in this Agreement, and no lender shall be liable to any other person for the liability of any other lender arising in connection with the Loans or any transaction related to the Loans, except as may be expressly set forth in this Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Vestin Realty Mortgage II, Inc)

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