Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect damages relating to any such matters under any theory of liability.
Appears in 8 contracts
Samples: Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc), Security Agreement (Chiquita Brands International Inc)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect punitive damages relating to any such matters under any theory of liability.
Appears in 4 contracts
Samples: Credit Agreement (IPC the Hospitalist Company, Inc.), Credit Agreement (Shuffle Master Inc), Credit Agreement (Coldwater Creek Inc)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower Borrowers hereby agrees agree that it they shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect punitive damages relating to any such matters under any theory of liability.
Appears in 3 contracts
Samples: Credit Agreement (Monarch Casino & Resort Inc), Credit Agreement (Monarch Casino & Resort Inc), Credit Agreement (Monarch Casino & Resort Inc)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders Administrative Agent, the Joint Lead Arrangers, the Co-Syndication Agents or the Administrative Agent Lenders any punitive, consequentialexemplary, special, indirect or indirect consequential damages relating to any such matters under any theory of liability.
Appears in 3 contracts
Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitivepunitive damages, consequential, consequential damages or indirect special damages relating to any such matters under any theory of liability.
Appears in 2 contracts
Samples: Credit Agreement (Valueclick Inc/Ca), Credit Agreement (Valueclick Inc/Ca)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the each Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect punitive damages relating to any such matters under any theory of liability.
Appears in 2 contracts
Samples: Credit Agreement (Sands Regent), Credit Agreement (Sands Regent)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the each Borrower hereby agrees that it shall not seek from the Lenders Lenders, the Security Trustee or the Administrative Agent punitive, consequential, or indirect punitive damages relating to any such matters under any theory of liability.
Appears in 2 contracts
Samples: Guaranty Agreement (American Commercial Lines Inc.), Credit Agreement (American Commercial Lines Inc.)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequentialexemplary, indirect, special or indirect consequential damages relating to any such matters under any theory of liability.
Appears in 1 contract
Samples: Credit Agreement (International Rectifier Corp /De/)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders Administrative Agent, the Lead Arranger, the Syndication Agent or the Administrative Agent Lenders any punitive, consequentialexemplary, special, indirect or indirect consequential damages relating to any such matters under any theory of liability. 8.16.
Appears in 1 contract
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, or indirect Lender punitive damages relating to any such matters under any theory of liability.
Appears in 1 contract
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders or the Administrative Agent punitive, consequential, punitive or indirect consequential damages relating to any such matters under any theory of liability.
Appears in 1 contract
Samples: Credit Agreement (Netflix Inc)
Waiver of Punitive Damages. Notwithstanding anything to the contrary contained in this Agreement, the Borrower hereby agrees that it shall not seek from the Lenders Administrative Agent, the Lead Arranger, the Syndication Agent or the Administrative Agent Lenders any punitive, consequentialexemplary, special, indirect or indirect consequential damages relating to any such matters under any theory of liability.
Appears in 1 contract
