Common use of Not in Control Clause in Contracts

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereon, (b) preclude or interfere with compliance by any Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for the purposes of defining the agreement between the parties and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Company with any Law or document, or that any Agent or any Lender does not expect the Companies to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Company arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Borrower and the Companies, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents is limited to the Rights provided in the Loan Documents, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonConsolidated Company, (b) preclude or interfere with compliance by any Consolidated Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Consolidated Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Consolidated Company with any Law or document, or that any Administrative Agent or any Lender does not expect the Consolidated Companies to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and Neither the Lenders have no Administrative Agent nor any Lender has any fiduciary relationship with or fiduciary duty to Borrower or any Consolidated Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Borrower and the CompaniesBorrower, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents Administrative Agent and Lenders under the Loan Documents Papers is limited to the Rights provided in the Loan DocumentsPapers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give any Agent Agent, or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonConsolidated Company, (b) preclude or interfere with compliance by any Consolidated Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Consolidated Company that may be harmful to Persons or property. Any "Material Adverse EventMATERIAL ADVERSE EVENT" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Agent Agent, or any Lender acquiesces in any non-compliance by any Consolidated Company with any Law or document, or that any Agent Agent, or any Lender does not expect the Consolidated Companies to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Neither Agents and the Lenders have no nor any Lender has any fiduciary relationship with or fiduciary duty to Borrower or any Consolidated Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents and the Lenders, on the one hand, and Borrower and the CompaniesBorrower, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents Papers is limited to the Rights provided in the Loan DocumentsPapers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.