Common use of Creditor-Debtor Relationship Clause in Contracts

Creditor-Debtor Relationship. In connection with all aspects of each transaction contemplated by any Loan Document, Credit Parties acknowledge and agree that (a) (i) the credit facility evidenced by this Agreement and any related arranging or other services by the Agent, any Lender, any of their Affiliates or any arranger are arm’s-length commercial transactions between Credit Parties and such Persons; (ii) Credit Parties have consulted their own legal, accounting, regulatory, and tax advisors to the extent they have deemed appropriate; and (iii) Credit Parties are capable of evaluating and understanding, and do understand and accept, the terms, risks, and conditions of the transactions contemplated by this Agreement and the other Loan Documents; (b) each of the Agent, Lenders, their Affiliates and any arranger is and has been acting solely as a principal in connection with this credit facility, is not the financial advisor, agent, or fiduciary of, to, or for any Credit Party or any of their Affiliates or any other Person and has no obligation with respect to the transactions contemplated by this Agreement and the other Loan Documents except as expressly set forth herein or therein; and (c) the Agent, Lenders, their Affiliates and any arranger may be engaged in a broad range of transactions that involve interests that differ from the Credit Parties and their Affiliates and have no obligation to disclose any of such interests to any Credit Party or any such Affiliate. To the fullest extent permitted by all Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against the Agent, Lenders, their Affiliates and any arranger with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated by this Agreement or any other Loan Document.

Creditor-Debtor Relationship. In connection with all aspects of each transaction contemplated by any Loan Document, Credit Parties acknowledge and agree that (a) (i) the credit facility evidenced by this Agreement and any related arranging or other services by the Agent, any Lender, any of their Affiliates or any arranger are arm’s-length commercial transactions between Credit Parties and such Persons; (ii) Credit Parties have consulted their own legal, accounting, regulatory, and tax advisors to the extent they have deemed appropriate; and (iii) Credit Parties are capable of evaluating and understanding, and do understand and accept, the terms, risks, and conditions of the transactions contemplated by this Agreement and the other Loan Documents; (b) each of the Agent, LC Issuer, Lenders, their Affiliates and any arranger is and has been acting solely as a principal in connection with this credit facility, is not the financial advisor, agent, or fiduciary of, to, or for any Credit Party or any of their Affiliates or any other Person and has no obligation with respect to the transactions contemplated by this Agreement and the other Loan Documents except as expressly set forth herein or therein; and (c) the Agent, LC Issuer, Lenders, their Affiliates and any arranger may be engaged in a broad range of transactions that involve interests that differ from the Credit Parties and their Affiliates and have no obligation to disclose any of such interests to any Credit Party or any such Affiliate. To the fullest extent permitted by all Requirements of Law, each Credit Party hereby waives and releases any claims that it may have against the Agent, LC Issuer, Lenders, their Affiliates and any arranger with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated by this Agreement or any other Loan Document.

Creditor-Debtor Relationship. The relationship between Xxxxxx, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor. Xxxxxx does not have any fiduciary relationship or duty to any Loan Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between Lender and the Loan Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated by hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), Credit Parties acknowledge each Borrower and agree that each other Loan Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (a) (ia)(i) the credit facility evidenced by arranging and other services regarding this Agreement provided by Lender and any related arranging or other services by the AgentAffiliate thereof, any Lender, any of their Affiliates or any arranger are arm’s-length commercial transactions between Credit Parties the Borrowers, each other Loan Party and such Persons; their respective Affiliates, on the one hand, and Lender and, as applicable, its Affiliates, on the other hand, (ii) Credit each of the Borrowers and the other Loan Parties have has consulted their its own legal, accounting, regulatory, regulatory and tax advisors to the extent they have it has deemed appropriate; , and (iii) Credit Parties are each Borrower and each other Loan Party is capable of evaluating and understandingevaluating, and do understand understands and acceptaccepts, the terms, risks, risks and conditions of the transactions contemplated hereby and by this Agreement and the other Loan Documents; (bb)(i) Lender and its Affiliates each of the Agent, Lenders, their Affiliates and any arranger is and has been acting solely as a principal and, except as expressly agreed in connection with this credit facilitywriting by the relevant parties, has not been, is not, and will not the financial be acting as an advisor, agentagent or fiduciary, or fiduciary of, to, or for any Credit Borrower, any other Loan Party or any of their Affiliates respective Affiliates, or any other Person and (ii) neither Lender nor any of its Affiliates has no any obligation to any Borrower, any other Loan Party or any of their respective Affiliates with respect to the transactions contemplated by this Agreement and the other Loan Documents hereby except as those obligations expressly set forth herein or thereinand in the other Loan Documents; and (c) the Agent, Lenders, their Lender and its Affiliates and any arranger may be engaged in a broad range of transactions that involve interests that differ from those of the Credit Borrower, the other Loan Parties and their respective Affiliates, and neither Lender nor any of its Affiliates and have no has any obligation to disclose any of such interests to the Borrower, any Credit other Loan Party or any such Affiliateof their respective Affiliates. To the fullest extent permitted by all Requirements of Lawlaw, each Credit of the Borrower and each other Loan Party hereby waives and releases any claims that it may have against the Agent, Lenders, their Affiliates and Lender or any arranger Affiliate thereof with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction transactions contemplated by this Agreement or any other Loan Documenthereby.

Creditor-Debtor Relationship. The relationship between Xxxxxx, on the one hand, and the Loan Parties, on the other hand, is solely that of creditor and debtor. Lender does not have any fiduciary relationship or duty to any Loan Party arising out of or in connection with, and there is no agency, tenancy or joint venture relationship between Lender and the Loan Parties by virtue of, any Loan Document or any transaction contemplated therein. In connection with all aspects of each transaction contemplated by hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), Credit Parties acknowledge each Borrower and agree that each other Loan Party acknowledges and agrees, and acknowledges its Affiliates’ understanding, that: (a) (ia)(i) the credit facility evidenced by arranging and other services regarding this Agreement provided by Lender and any related arranging or other services by the AgentAffiliate thereof, any Lender, any of their Affiliates or any arranger are arm’s-length commercial transactions between Credit Parties the Borrowers, each other Loan Party and such Persons; their respective Affiliates, on the one hand, and Lender and, as applicable, its Affiliates, on the other hand, (ii) Credit each of the Borrowers and the other Loan Parties have has consulted their its own legal, accounting, regulatory, regulatory and tax advisors to the extent they have it has deemed appropriate; , and (iii) Credit Parties are each Borrower and each other Loan Party is capable of evaluating and understandingevaluating, and do understand understands and acceptaccepts, the terms, risks, risks and conditions of the transactions contemplated hereby and by this Agreement and the other Loan Documents; (bb)(i) Lender and its Affiliates each of the Agent, Lenders, their Affiliates and any arranger is and has been acting solely as a principal and, except as expressly agreed in connection with this credit facilitywriting by the relevant parties, has not been, is not, and will not the financial be acting as an advisor, agentagent or fiduciary, or fiduciary of, to, or for any Credit Borrower, any other Loan Party or any of their Affiliates respective Affiliates, or any other Person and (ii) neither Lender nor any of its Affiliates has no any obligation to any Borrower, any other Loan Party or any of their respective Affiliates with respect to the transactions contemplated by this Agreement and the other Loan Documents hereby except as those obligations expressly set forth herein or thereinand in the other Loan Documents; and (c) the Agent, Lenders, their Lender and its Affiliates and any arranger may be engaged in a broad range of transactions that involve interests that differ from those of the Credit Borrower, the other Loan Parties and their respective Affiliates, and neither Lender nor any of its Affiliates and have no has any obligation to disclose any of such interests to the Borrower, any Credit other Loan Party or any such Affiliateof their respective Affiliates. To the fullest extent permitted by all Requirements of Lawlaw, each Credit of the Borrower and each other Loan Party hereby waives and releases any claims that it may have against the Agent, Lenders, their Affiliates and Lender or any arranger Affiliate thereof with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction transactions contemplated by this Agreement or any other Loan Documenthereby.