Common use of Debt Financing Sources Clause in Contracts

Debt Financing Sources. (a) Each of ISH, Faraday, ISI and the Company hereby (i) acknowledges that none of the Debt Financing Sources nor any of their Related Parties shall have any liability under this Agreement for any claim based on, in respect of, or by reason of, the transactions contemplated hereby, including, but not limited to, any dispute related to, or arising from, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof, (ii) waives any rights or claims against any of the Debt Financing Sources under this Agreement, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof, whether at law or in equity, in contract, in tort or otherwise, and (iii) agrees not to commence (and if commenced agrees to dismiss or otherwise terminate, and not to assist) any action, arbitration, audit, hearing, investigation, litigation, petition, grievance, complaint, suit or proceeding against any Debt Financing Source or any Related Party of a Debt Financing Source arising out of this Agreement in connection with this Agreement, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof or the transactions contemplated hereby or thereby.

Debt Financing Sources. (a) Each of ISH, Faraday, ISI and the Company Seller hereby (i) acknowledges that none of the Debt Financing Sources nor any of their Related Parties shall have any liability under this Agreement or for any claim based on, in respect of, or by reason of, the transactions contemplated hereby, including, but not limited to, including any dispute related to, or arising from, any financing arrangements or commitments entered to with the Debt Commitment Letter, the Debt Financing Buyer in connection therewith or any related agreements or the performance thereof, (ii) waives any rights or claims against any of the Debt Financing Sources under in connection with this Agreement, the Debt Commitment Letter, any financing arrangements or commitments entered to by the Debt Financing Sources with the Buyer or any related agreements or the performance by the Debt Financing Sources thereof, whether at law or in equity, in contract, in tort or otherwise, and (iii) agrees not to commence (and if commenced agrees agree to dismiss or otherwise terminate, and not to assist) any action, arbitration, audit, hearing, investigation, litigation, petition, grievance, complaint, suit or proceeding against any Debt Financing Source or any Related Party of a Debt Financing Source arising out of this Agreement in connection with this Agreement, the Debt Commitment Letter, any financing arrangements or commitments entered to by the Debt Financing Sources with the Buyer or any related agreements or the performance thereof or the transactions contemplated hereby or thereby.

Debt Financing Sources. (a) Each Notwithstanding anything to the contrary herein, each of ISH, Faraday, ISI and the Company parties hereto hereby (i) acknowledges agrees, on behalf of itself and its Affiliates, that none of the no Debt Financing Sources nor any of their Related Parties Party shall have any liability under this Agreement for or obligation to the Argos Parties or any claim based on, in respect of, of their Affiliates arising out of or by reason of, relating to the transactions contemplated hereby, including, but not limited to, any dispute related to, or arising fromDebt Financing, the Debt Commitment Letter, the Debt Financing or any related agreements this Agreement or the performance thereoftransactions contemplated hereby or thereby (whether based in contract, tort, fraud, strict liability, other Applicable Law or otherwise, at law or in equity), (ii) agrees, on behalf of itself and its Affiliates, that it shall not institute and shall cause its Representatives and Affiliates not to bring, make or institute any action, claim or proceeding (whether based in contract, tort, fraud, strict liability, other Applicable Law or otherwise, at law or in equity) against any Debt Financing Party in connection with the Debt Financing, the Debt Commitment Letter, this Agreement or the transactions contemplated hereby or thereby and (iii) waives any rights or claims against any of Debt Financing Party in connection with the Debt Financing Sources under this AgreementFinancing, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof, whether at law or in equity, in contract, in tort or otherwise, and (iii) agrees not to commence (and if commenced agrees to dismiss or otherwise terminate, and not to assist) any action, arbitration, audit, hearing, investigation, litigation, petition, grievance, complaint, suit or proceeding against any Debt Financing Source or any Related Party of a Debt Financing Source arising out of this Agreement in connection with this Agreement, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof or the transactions contemplated hereby or therebythereby (whether based in contract, tort, fraud, strict liability, other Applicable Law or otherwise, at law or in equity); provided, that, for the avoidance of doubt, nothing herein shall limit the rights of Summit under the Debt Commitment Letter or any fee letter entered into in connection with the Debt Financing.

Debt Financing Sources. (a) Each of ISH, Faraday, ISI and the Company Seller hereby (i) acknowledges that none of the Debt Financing Sources nor any of their Related Parties shall have any liability under this Agreement for any claim based on, in respect of, or by reason of, the transactions contemplated hereby, including, but not limited to, any dispute related to, or arising from, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof, (ii) waives any rights or claims against any of the Debt Financing Sources under this Agreement, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof, whether at law or in equity, in contract, in tort or otherwise, and (iii) agrees not to commence (and if commenced agrees to dismiss or otherwise terminate, and not to assist) any action, arbitration, audit, hearing, investigation, litigation, petition, grievance, complaint, suit or proceeding against any Debt Financing Source or any Related Party of a Debt Financing Source arising out of this Agreement in connection with this Agreement, the Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereof or the transactions contemplated hereby or thereby.

Debt Financing Sources. Notwithstanding anything to the contrary contained herein, Seller, on behalf of itself and its Affiliates, hereby (a) Each of ISH, Faraday, ISI and the Company hereby (i) acknowledges that none of the Debt Financing Sources nor any of their Related Parties shall will have any liability under or in connection with this Agreement or any Transaction Document (or the Transactions) or for any claim based on, in respect of, or by reason of, the transactions contemplated herebyTransactions or any liability to Seller or any Affiliate thereof in respect of any Debt Financing, including, but not limited to, including any dispute related to, or arising from, the any Debt Commitment Letter, the Debt Financing or any related agreements or the performance thereofFinancing, (iib) waives any rights or claims against any of the Debt Financing Sources under in connection with this Agreement, the Debt Commitment Letterany Transaction Document, the Debt Financing or any related agreements or the performance thereofTransactions, whether at law or in equity, in contract, in tort or otherwise, and (iiic) agrees not to commence (and if commenced agrees to dismiss or otherwise terminate, and not to assist) any action, arbitration, audit, hearing, investigation, litigation, petition, grievance, complaint, suit or proceeding against any Debt Financing Source or any Related Party of a Debt Financing Source arising out of this Agreement in connection with this Agreement, any Transaction Document, any Debt Financing, or the Debt Transactions; provided that nothing in this Section 7.11 will in any way limit or modify any of the obligations owed under the Commitment Letter, Letter by the Debt Financing or any related agreements or the performance thereof or the transactions contemplated hereby or thereby.Sources to Buyer and its Affiliates. [Signature Page Follows]