Effect; Relationship of Parties. Except as expressly modified hereby, the Loan Agreement and each other Loan Document shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Borrower to the Agent and Lenders. The relationship of the Agent and Lenders, on the one hand, and the Borrower, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Amendment, any instrument, document or agreement delivered in connection herewith or in the Loan Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
Appears in 9 contracts
Samples: Loan and Security Agreement (Transgenomic Inc), Loan and Security Agreement (Transgenomic Inc), Loan and Security Agreement (Transgenomic Inc)
Effect; Relationship of Parties. Except as expressly modified amended hereby, the Loan Agreement and each other Loan Document shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Borrower each Credit Party to the Agent and LendersLender. The relationship of the Agent and LendersLender, on the one hand, and the Borrowereach Credit Party, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Second Amendment, any instrument, document or agreement delivered in connection herewith or in the Loan Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
Appears in 1 contract
Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)
Effect; Relationship of Parties. Except as expressly modified amended hereby, the Loan Agreement and each other Loan Document shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Borrower Company to the Administrative Agent and Lenderseach Lender. The relationship of the Administrative Agent and Lenders, on the one hand, and the BorrowerLoan Parties, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Amendment, any instrument, document or agreement delivered in connection herewith or in the Loan Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
Appears in 1 contract
Samples: Term Loan and Security Agreement (FS Energy & Power Fund)
Effect; Relationship of Parties. Except as expressly modified amended hereby, the Loan Agreement and each other Loan Document shall be and remain in full force and effect as originally writtenwritten immediately prior to the execution of this Amendment, and shall constitute the legal, valid, binding and enforceable obligations of the Borrower Company to the Administrative Agent and Lenderseach Lender. The relationship of the Administrative Agent and Lenders, on the one hand, and the BorrowerLoan Parties, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Amendment, any instrument, document or agreement delivered in connection herewith or in the Loan Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
Appears in 1 contract
Samples: Term Loan and Security Agreement (FS Energy & Power Fund)
Effect; Relationship of Parties. Except as expressly modified hereby, the Loan Agreement and each other Loan Document from the Amendment Date until the Merger Closing Date shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Borrower to the Agent and Lenders. The relationship of the Agent and Lenders, on the one hand, and the Borrower, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Amendment, any instrument, document or agreement delivered in connection herewith or in the Loan Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
Appears in 1 contract
Effect; Relationship of Parties. Except as expressly modified amended hereby, the Loan Agreement and each other Loan Document shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Borrower each Credit Party to the Agent and LendersLender. The relationship of the Agent and LendersLender, on the one hand, and the Borrowereach Credit Party, on the other hand, has been and shall continue to be, at all times, that of creditor and debtor and not as joint venturers or partners. Nothing contained in this Amendment, any instrument, document or agreement delivered in connection herewith or in the Loan Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties.
Appears in 1 contract
Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)