Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 18 contracts
Samples: Term Loan Credit Agreement (Leslie's, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.), Assignment and Assumption (Claros Mortgage Trust, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 8 contracts
Samples: Credit Agreement (Osmotica Pharmaceuticals LTD), Credit Agreement (Osmotica Pharmaceuticals LTD), Credit Agreement (Osmotica Pharmaceuticals PLC)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, except to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 7 contracts
Samples: First Lien Credit Agreement (Hayward Holdings, Inc.), First Lien Credit Agreement (Hayward Holdings, Inc.), Security Agreement (Hayward Holdings, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Revolving Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, except to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 7 contracts
Samples: Security Agreement (Hayward Holdings, Inc.), Security Agreement (Hayward Holdings, Inc.), Credit Agreement (Hillman Companies Inc)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 6 contracts
Samples: Security Agreement (Isos Acquisition Corp.), First Lien Credit Agreement (Isos Acquisition Corp.), First Lien Credit Agreement (Isos Acquisition Corp.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Lead Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 5 contracts
Samples: Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (SB/RH Holdings, LLC), Credit Agreement (SB/RH Holdings, LLC)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement Agreement, any other Loan Document, or any agreement or instrument contemplated hereby, the Transactions, any Revolving Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against any of the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 4 contracts
Samples: Fourth Amendment Agreement (Ecovyst Inc.), Trademark Security Agreement (PQ Group Holdings Inc.), Patent Security Agreement (PQ Group Holdings Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 4 contracts
Samples: Assignment and Assumption (ATI Physical Therapy, Inc.), Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Credit Agreement (Dragoneer Growth Opportunities Corp.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.0310.03.
Appears in 3 contracts
Samples: Credit Agreement (Orion Engineered Carbons S.A.), Credit Agreement (Orion S.A.), Credit Agreement (Kleopatra Holdings 2 S.C.A.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against any of the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 3 contracts
Samples: Third Amendment Agreement (PQ Group Holdings Inc.), Fourth Amendment Agreement (PQ Group Holdings Inc.), Patent Security Agreement (PQ Group Holdings Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 3 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.), First Lien Credit Agreement (Cotiviti Holdings, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against any of the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 3 contracts
Samples: Credit Agreement (Wanda Sports Group Co LTD), Credit Agreement (Hillman Companies Inc), Credit Agreement (Wanda Sports Group Co LTD)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby or thereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 3 contracts
Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)
Waiver of Claim. To Notwithstanding anything to the contrary set forth herein, to the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the BorrowerBorrower or any other Loan Party, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.038.03.
Appears in 2 contracts
Samples: Secured Seller Note Agreement (American Water Works Company, Inc.), Secured Seller Note Agreement (American Water Works Company, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, hereto or any Loan Party and/or any Related Party of any Representative thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Term Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Hillman Solutions Corp.), Security Agreement (Isos Acquisition Corp.)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Brookfield Property REIT Inc.), Credit Agreement (Brookfield Property REIT Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Arranger, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (First Watch Restaurant Group, Inc.), Credit Agreement (First Watch Restaurant Group, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Intercreditor Agreement (Post Holdings, Inc.), First Lien Credit Agreement (Post Holdings, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated herebyhereby (including any other Loan Document), the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee Indemnified Person against any of the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Assignment and Assumption (Interline Brands, Inc./De), Intercreditor Agreement (Post Holdings, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Am-Source, LLC)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any other Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.0310.03.
Appears in 2 contracts
Samples: Restatement Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Bausch Health Companies Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated herebyhereby (including any other Loan Document), the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee Indemnified Person against any of the BorrowerBorrowers or Intermediate Holdings, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Indivior PLC), Credit Agreement (Indivior PLC)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Revolving Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 2 contracts
Samples: Credit Agreement (Hillman Solutions Corp.), Assignment and Assumption Agreement (Hillman Solutions Corp.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the BorrowerBorrowers or any other Loan Party, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Samples: Term Loan Agreement (Allscripts Healthcare Solutions, Inc.)
Waiver of Claim. To Notwithstanding anything to the contrary set forth herein, to the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the BorrowerBorrower or any Loan Party, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Samples: Credit Agreement (PSAV, Inc.)
Waiver of Claim. To Notwithstanding anything to the contrary set forth herein, to the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan Loan, any Letter of Credit or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the BorrowerBorrower or any other Loan Party, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the theany Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Samples: Lease I Agreement (Bowlero Corp.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section Section 9.03.
Appears in 1 contract
Samples: Lease I Agreement (Bowlero Corp.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement 162 or any agreement or instrument contemplated hereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any a claim by any Indemnitee against the BorrowerBorrowers or any other Loan Party, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Samples: Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement Agreement, any other Loan Document or any agreement or instrument contemplated herebyhereby or thereby, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.. 153
Appears in 1 contract
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.. 146
Appears in 1 contract
Samples: Term Loan Agreement (Daseke, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereofthereofof the foregoing, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.. Signature Page to Term Loan Credit Agreement
Appears in 1 contract
Samples: Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Waiver of Claim. To the extent permitted by applicable Requirements of Lawlaw, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or hereto or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against any of the BorrowerBorrowers, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Closing Date Transactions, any Loan or any Letter of Credit or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the any Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.
Appears in 1 contract
Waiver of Claim. To the extent permitted by applicable Requirements of Law, no party to this Agreement shall assert, and each hereby waives, any claim against any other party hereto, any Loan Party and/or any Related Party of any thereof, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, the Transactions, any Loan or the use of the proceeds thereof, except, in the case of any claim by any Indemnitee against the Borrower, to the extent such damages would otherwise be subject to indemnification pursuant to the terms of Section 9.03.. 152
Appears in 1 contract
Samples: Term Loan Agreement (Concrete Pumping Holdings, Inc.)
