Acknowledgments. The Borrower hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents; (b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and (c) no joint venture exists between the Lender and the Borrower.
Appears in 18 contracts
Samples: Loan and Security Agreement (Medallion Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (Newtek Business Services Inc)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the Borrower.
Appears in 10 contracts
Samples: Master Loan and Security Agreement (Fleetwood Enterprises Inc/De/), Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (MortgageIT Holdings, Inc.)
Acknowledgments. The Borrower hereby acknowledges that:
: (ai) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;
; (bii) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
and (ciii) no joint venture exists between the Lender and the Borrower.
Appears in 9 contracts
Samples: Loan Agreement (Stratus Properties Inc), Loan Agreement (Stratus Properties Inc), Loan Agreement (Stratus Properties Inc)
Acknowledgments. The Borrower hereby acknowledges that:: ---------------
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 6 contracts
Samples: Master Loan and Security Agreement (Franchise Mortgage Acceptance Co), Loan and Security Agreement (National Mortgage Corp), Master Loan and Security Agreement (New Century Financial Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 6 contracts
Samples: Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.), Loan and Security Agreement (TPG RE Finance Trust, Inc.)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;Basic Agreements; and
(b) neither the Agent nor any Lender has no any fiduciary relationship to the BorrowerBorrower , and the relationship between the Borrower Lenders, on the one hand, and the Lender Borrower, on the other hand, is solely that of debtor creditors and creditor; and
(c) no joint venture exists between the Lender and the Borrowerdebtor.
Appears in 6 contracts
Samples: Loan Agreement, Loan Agreement (Atlas Air Worldwide Holdings Inc), Loan Agreement (Atlas Air Worldwide Holdings Inc)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan Documents;
(b) neither the Lender Agent nor any Bank has no any fiduciary relationship to the Borrower, and the relationship between the Borrower Agent and the Lender Banks, on one hand, and the Borrower, on the other hand, is solely that of debtor and creditor; and
(c) no joint venture exists among the Banks or between the Lender Borrower and the BorrowerBanks.
Appears in 5 contracts
Samples: Credit Agreement (Aqua America Inc), Credit Agreement (Aqua America Inc), Credit Agreement (Philadelphia Suburban Corp)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Warehouse Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the such Borrower, and the relationship between the such Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the such Borrower.
Appears in 5 contracts
Samples: Warehouse Loan and Security Agreement (Aames Financial Corp/De), Warehouse Loan and Security Agreement (Aames Investment Corp), Warehouse Loan and Security Agreement (Aames Financial Corp/De)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the any Borrower, and the relationship between the each Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the any Borrower.
Appears in 5 contracts
Samples: Loan Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (Aames Financial Corp/De)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it the Borrower has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(cb) no joint venture exists between the Lender and the Borrower.
Appears in 5 contracts
Samples: Loan Agreement (Urban-Gro, Inc.), Loan Agreement (Urban-Gro, Inc.), Loan Agreement (SurgePays, Inc.)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 4 contracts
Samples: Master Loan and Security Agreement (American Strategic Income Portfolio Inc Iii), Master Loan and Security Agreement (American Select Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Ii)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan DocumentsDocuments to which it is a party;
(b) the each Lender has no fiduciary relationship to the any Borrower, and the relationship between the Borrower Borrowers and the each Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the any Lender and the any Borrower.
Appears in 4 contracts
Samples: Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DT Credit Company, LLC), Loan and Security Agreement (DT Acceptance Corp)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the BorrowerBorrowers, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the BorrowerBorrowers.
Appears in 3 contracts
Samples: Master Loan and Security Agreement (Allied Capital Corp), Master Loan and Security Agreement (Allied Capital Corp), Master Loan and Security Agreement (Advanta Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no does not have any fiduciary relationship to with the Borrower, Borrower and the relationship between the Borrower Lender, on one hand, and the Lender Borrower, on the other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Borrower and the BorrowerLender.
Appears in 3 contracts
Samples: Term Loan Agreement, Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan and Security Agreement (Techprecision Corp)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan Documents;
(b) the no Lender has no any fiduciary relationship to the any Borrower, and the relationship between the each Borrower and the each Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the any Lender and the any Borrower.
Appears in 3 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Loan Agreement (New Century Financial Corp)
Acknowledgments. The Borrower Borrowers hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Revolver Note and the other Loan Documents;; and
(b) the Lender has no fiduciary relationship to the Borrower, Borrower and the relationship hereunder between the Borrower Lender and the Lender Borrower is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 2 contracts
Samples: Credit Agreement (Eresearchtechnology Inc /De/), Credit Agreement (Eresearchtechnology Inc /De/)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documentseach Credit Document;
(b) the Lender has no fiduciary relationship with or duty to the Borrower, Borrower arising out of or in connection with this Agreement and the relationship between Lender, on one hand, and Borrower, on the Borrower and the Lender other hand, in connection herewith is solely that of debtor and creditor; and
(c) no joint venture exists between the among Lender and the Borrower.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sun Hydraulics Corp), Credit and Security Agreement (Sun Hydraulics Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(cb) no joint venture exists between the Lender and the Borrower.
Appears in 2 contracts
Samples: Loan and Security Agreement (NexPoint Real Estate Finance, Inc.), Loan and Security Agreement (NexPoint Real Estate Finance, Inc.)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between joint venture exists among the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the BorrowerLender.
Appears in 2 contracts
Samples: Loan Agreement (Newstar Media Inc), Loan Agreement (Dove Entertainment Inc)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documentseach Credit Document;
(b) the Lender has no fiduciary relationship with or duty to the Borrower, Borrower arising out of or in connection with this Credit Agreement and the relationship between the Borrower Lender, on one hand, and the Lender Borrower, on the other hand, in connection herewith is solely that of debtor and creditor; and
(c) no joint venture exists between among the Lender Borrower and the BorrowerLender.
Appears in 2 contracts
Samples: Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Master Loan and Security Agreement (New Century Financial Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) neither the Agent nor any Lender has no a fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender Lenders is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Agent and the Lenders, on the one hand, and the Borrower, on the other hand.
Appears in 2 contracts
Samples: Loan and Security Agreement (Alliance Laundry Holdings LLC), Loan and Security Agreement (Alliance Laundry Corp)
Acknowledgments. The Borrower hereby acknowledges that:
: (a) it --------------- has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
Documents to which it is a party; (b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower on one hand, and the Lender Lender, on the other hand, is solely that of debtor and creditor; and
and (c) no joint venture exists between among the Lender Borrower and the BorrowerLender.
Appears in 2 contracts
Samples: Loan Agreement (Constellation 3d Inc), Loan Agreement (Constellation 3d Inc)
Acknowledgments. The Borrower Borrowers hereby acknowledges acknowledge that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the BorrowerBorrowers, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the BorrowerBorrowers.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Offerpad Solutions Inc.), Master Loan and Security Agreement (Supernova Partners Acquisition Company, Inc.)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the Borrower.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (American Business Financial Services Inc /De/), Master Loan and Security Agreement (American Business Financial Services Inc /De/)
Acknowledgments. The Borrower hereby acknowledges that:: ---------------
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the BorrowerLoan Parties, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the BorrowerLoan Parties.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Cityscape Financial Corp)
Acknowledgments. The Borrower Borrowers hereby acknowledges acknowledge that:
(a) it each has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the BorrowerBorrowers, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the any Borrower.
Appears in 1 contract
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Amended and Restated Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the such Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the such Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Acknowledgments. The Borrower hereby acknowledges that:: ---------------
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan AgreementAgreement (and, specifically, Sections 8.19 and 8.20 hereof), ------------- ---- the Note Notes and the other Loan Documents;
(b) the Lender has no does not have any fiduciary relationship to the Borrower, and the relationship between the Borrower Lender and the Lender Borrower is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;Basic Agreements; and
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower Lender, on one hand, and the Lender Borrower, on the other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Loan Agreement (Gulfstream International Group Inc)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the Borrower, ; and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;Basic Agreements; and
(b) neither the Agent nor any Lender has no any fiduciary relationship to the Borrower, and the relationship between the Borrower Lenders, on the one hand, and the Lender Borrower, on the other hand, is solely that of debtor creditors and creditor; and
(c) no joint venture exists between the Lender and the Borrowerdebtor.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship or duty to the Borrower or to the creditors of the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Aames Financial Corp/De)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no does not have any fiduciary relationship to the Borrower, with Borrower and the relationship between Lender, on one hand, and Borrower, on the Borrower and the Lender other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Borrower and the BorrowerLender.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;Basic Agreements; and 1000301987v14
(b) neither of the Facility Agents nor any Lender has no any fiduciary relationship to the Borrower, and the relationship between the Borrower Lenders, on the one hand, and the Lender Borrower, on the other hand, is solely that of debtor creditors and creditor; and
(c) no joint venture exists between the Lender and the Borrowerdebtor.
Appears in 1 contract
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan Documents;
(b) the Lender has no does not have any fiduciary relationship to the any Borrower, and the relationship between the each Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the any Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsOperative Agreements;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower Lender and the Lender Borrower is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Borrower and the BorrowerLender.
Appears in 1 contract
Samples: Loan and Security Agreement (Essex International Inc /)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, Agreement and the Note Notes and the other Loan Documents;
(b) none of the Lender Agents or the Lenders has no any fiduciary relationship to the Borrower, and the relationship between the Borrower Lender Agents and the Lender Lenders, on one hand, and the Borrower, on the other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between among the Lender Borrower and the BorrowerLenders.
Appears in 1 contract
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the any Borrower, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Credit Agreement (Affordable Residential Communities Inc)
Acknowledgments. The Borrower hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
; (b) the Lender has no does not have any fiduciary relationship to the Borrower, with Borrower and the relationship between Lender, on one hand, and Borrower, on the Borrower and the Lender other hand, is solely that of debtor and creditor; and
and (c) no joint venture exists between the Lender Borrower and the BorrowerLender.
Appears in 1 contract
Samples: Term Loan and Security Agreement
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower Lender and the Lender Borrower is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Borrower and the BorrowerLender.
Appears in 1 contract
Samples: Loan Agreement (Xl Capital LTD)
Acknowledgments. The Borrower hereby acknowledges that:: ----------------
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan Documents;
(b) neither the Lender Agent nor any Bank has no any fiduciary relationship to the BorrowerBorrower and the relationship hereunder between the Agent and Banks, on the one hand, and the relationship between Borrower, on the Borrower and the Lender other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between among the Lender Banks or among the Borrower and the BorrowerBanks.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Revolving Credit Note and the other Loan Documents;
(b) the Lender has no Bank does not have any fiduciary relationship to the BorrowerBorrower or any other party to the Loan Documents (or any of them) and the relationship hereunder between the Bank, on the one hand, and the relationship between Borrower, on the Borrower and the Lender other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Borrower and the BorrowerBank.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;
(b) the Lender has no does not have any fiduciary relationship with or duty to the BorrowerBorrower arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.the
Appears in 1 contract
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Aames Investment Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Documents;Basic Agreements; and
(b) neither of the Facility Agent nor any Lender has no any fiduciary relationship to the Borrower, and the relationship between the Borrower Lenders, on the one hand, and the Lender Borrower, on the other hand, is solely that of debtor creditors and creditor; and
(c) no joint venture exists between the Lender and the Borrowerdebtor.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documentseach Credit Document;
(b) the Lender has no does not have any fiduciary relationship with or duty to the Borrower, Borrower arising out of or in connection with this Credit Agreement and the relationship between the Borrower Lender, on one hand, and the Lender Borrower, on the other hand, in connection herewith is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender Borrower and the BorrowerLender.
Appears in 1 contract
Acknowledgments. The Borrower Each of the Borrowers hereby acknowledges that:: ---------------
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the BorrowerBorrowers, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the BorrowerBorrowers.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, Agreement and the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the any Borrower, and the relationship between the Borrower Borrowers on one hand, and the Lender Lender, on the other hand, is solely that of debtor and creditor; and
(c) no joint venture exists between among the Lender Credit Parties and the BorrowerLender.
Appears in 1 contract
Samples: Credit Agreement (LNR Property Corp)
Acknowledgments. The Borrower Borrowers hereby acknowledges acknowledge that:
(a) it has they have been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the BorrowerBorrowers, and the relationship between the Borrower Borrowers and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the BorrowerBorrowers.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Cityscape Financial Corp)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the BorrowerBorrowers.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New York Mortgage Trust Inc)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Notes and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Chastain Capital Corp)
Acknowledgments. The Each Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) neither the Agent nor any Lender has no a fiduciary relationship to the any Borrower, and the relationship between the each Borrower and the each Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the any Lender and the any Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (American Home Mortgage Investment Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor, and Guarantor and guaranteed party, respectively; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Ares Commercial Real Estate Corp)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note Agreement and the other Loan Financing Documents;
(b) the Lender has no fiduciary relationship to the with Borrower, and the relationship between Lender, on the Borrower one hand, and Borrower, on the Lender other hand, is solely that of debtor creditor and creditordebtor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan DocumentsDocuments to which it is a party;
(b) the Lender has no fiduciary relationship to the Borrower, and the relationship between the Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists among or between the Lender and the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Starwood Waypoint Residential Trust)
Acknowledgments. The Borrower hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Loan Agreement, the Note and the other Loan Documents;
(b) the Lender has no does not have any fiduciary relationship to the Borrower, and the relationship between the Lender and Borrower and the Lender is solely that of debtor and creditor; and
(c) no joint venture exists between the Lender and the Borrower.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (CNL Hotels & Resorts, Inc.)