Absence of Fiduciary Relation. The Collateral Agent undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Agreement, the Indenture and the other Indenture Documents, and no implied agreements, covenants or obligations with respect to any Grantor or any Affiliate of any Grantor, any Secured Party or any other party shall be read into this Agreement against the Collateral Agent. The Collateral Agent in its capacity as such is not a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to any Grantor or any Related Person of any Grantor.
Absence of Fiduciary Relation. The Collateral Agent undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Agreement, the Indenture and the other Indenture Documents, and no implied agreements, covenants or obligations with respect to the Issuer or any Affiliate of the Issuer, any Secured Party or any other party shall be read into this Agreement against the Collateral Agent. The Collateral Agent in its capacity as such is not a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to the Issuer or any Related Person of the Issuer.
Absence of Fiduciary Relation. The Collateral Agent undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Agreement and the other Note Documents, and no implied agreements, covenants, functions, duties, responsibilities, liabilities or obligations with respect to the Issuer or any Affiliate of the Issuer, any Purchaser or any other party shall be read into this Agreement against the Collateral Agent. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or the other Note Documents, the duties of the Collateral Agent shall be ministerial and administrative in nature and the Collateral Agent in its capacity as such is not a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to the Purchasers, any Noteholders, the Transaction Entities or any related Person of any Purchaser, Noteholder, Transaction Entity, or any other Person. Without limiting the generality of the foregoing sentence, the use of the term “agent” in this Agreement and the other Note Documents with reference to the Collateral Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. The Issuer hereby agrees that the Collateral Agent shall hold the Collateral on behalf of and for the benefit of all of the Purchasers and the Collateral Agent , in each case, pursuant to the terms of the Note Documents.
Absence of Fiduciary Relation. The Collateral Agent undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Pledge Agreement, the Intercreditor Agreement or any other Transaction Document, and no implied agreements, covenants or obligations with respect to the Pledgor, any Affiliate of the Pledgor or any other party to any Transaction Document to which the Pledgor is a party shall be read into this Pledge Agreement against the Collateral Agent or any of the Secured Parties; neither the Collateral Agent nor any of the Secured Parties in its and their capacity as such is a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to the Pledgor, any Affiliate of the Pledgor or any other party to any Transaction Document to which the Pledgor is a party, except as otherwise specifically required by law.
Absence of Fiduciary Relation. The Secured Party undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Security Agreement or any other Loan Document, and no implied agreements, covenants or obligations with respect to the Borrower, any Guarantor, any other Affiliate of the Borrower or any Guarantor or any other party to any of the Assigned Agreements shall be read into this Security Agreement against the Secured Party. The Secured Party in its capacity as such is not a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to the Borrower, any Guarantor, any other Affiliate of the Borrower or any Guarantor or any other party to any of the Assigned Agreements, except as otherwise specifically required by applicable Laws.
Absence of Fiduciary Relation. Each Secured Party undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in the Loan Instruments, and no implied agreements, covenants or obligations with respect to Borrower, any Affiliate of Borrower, any other party to any of the Project Documents or Bond Documents otherwise shall be read into any of the Loan Instruments against any Secured Party. None of the Secured Parties is a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to Borrower, any Affiliate of Borrower or any other party to any of the Project Documents or Bond Documents.
Absence of Fiduciary Relation. Agent undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Security Agreement or any other Loan Instrument, and no implied agreements, covenants or obligations with respect to Debtor, any Affiliate of Debtor or any other party to any of the Project Agreements shall be read into this Security Agreement against Agent or any of the Secured Parties. Neither Agent nor any of the Secured Parties in its and their capacity as such is a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to Debtor, any Affiliate of Debtor or any other party to any of the Project Agreements, except as otherwise specifically required by applicable law.
Absence of Fiduciary Relation. Agent undertakes to perform or to observe only such of its agreements and obligations as are specifically set forth in this Stock Pledge Agreement or any other Loan Instrument, and no implied agreements, covenant or obligations with respect to Pledgor, any Affiliate of Pledgor or any other party to any of the Project Agreements shall be read into this Stock Pledge Agreement against Agent or any of the Secured Parties. Neither Agent nor any of the Secured Parties in its and their capacity as such is a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to Pledgor or any Affiliate of Pledgor or any other party to any of the Project Agreements, except as otherwise specifically provided by applicable law.
Absence of Fiduciary Relation. Collateral Agent undertakes to ----------------------------- perform or to observe only such of its agreements and obligations as are specifically set forth in this Stock Pledge Agreement or any other Security Document, and no implied agreements, covenants or obligations with respect to any Pledgor, any Affiliate of such Pledgor or any other party to the Indenture or any other Transaction Document to which any Pledgor is a party shall be read into this Stock Pledge Agreement against Collateral Agent, any of the Holders of the Senior Secured Notes, or any Permitted Additional Senior Lenders; none of Collateral Agent, Trustee, any of the Holders of the Senior Secured Notes or any Permitted Additional Senior Lenders in its and their capacity as such is a fiduciary of and shall not owe or be deemed to owe any fiduciary duty to any Pledgor, any Affiliate of such Pledgor or any other party to any Transaction Document to which any Pledgor is a party, except as otherwise specifically required by law.
Absence of Fiduciary Relation. 14 17. SURVIVAL OF REPRESENTATIONS AND WARRANTIES..............................14 18. NOTICES.................................................................14 19. NO WAIVER; CUMULATIVE REMEDIES..........................................15 20. SEVERABILITY............................................................15
