Common use of Effect; Relationship of Parties Clause in Contracts

Effect; Relationship of Parties. (a) Except as expressly modified hereby or in connection herewith, the Financing Agreement and the other Loan Documents shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Loan Parties to the Agents and Lenders, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. On and after the date hereof, each reference in the Financing Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Financing Agreement, and each reference in the other Loan Documents to the “Financing Agreement,” “thereunder,” “thereof” or words of like import referring to the Financing Agreement shall mean and be a reference to the Financing Agreement as modified by this Agreement. (b) The relationship of the Agents and Xxxxxxx, on the one hand, and the Loan 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 Agreement, any instrument, document or agreement delivered in connection herewith or in the Financing Agreement or any of the other Loan Documents shall be deemed or construed to create a fiduciary relationship between or among the parties hereto or thereto.

Effect; Relationship of Parties. (a) a. Except as expressly modified hereby or in connection herewith, the Financing Loan Agreement and the other Loan Transaction Documents shall be and remain in full force and effect as originally written, and shall constitute the legal, valid, binding and enforceable obligations of the Loan Credit Parties to the Agents and Lenders, except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors’ rights generally or by equitable principles relating to enforceability. On and after the date hereof, each reference in the Financing Loan Agreement to “this Agreement,” “hereunder,” “hereof,” “herein” or words of like import referring to the Financing Loan Agreement, and each reference in the other Loan Transaction Documents to the “Financing Loan Agreement,” “thereunder,” “thereof” or words of like import referring to the Financing Loan Agreement shall mean and be a reference to the Financing Loan Agreement as modified by this Agreement. (b) b. The relationship of the Agents and XxxxxxxLenders, on the one hand, and the Loan Credit 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 Agreement, any instrument, document or agreement delivered in connection herewith or in the Financing Loan Agreement or any of the other Loan Transaction Documents shall be deemed or construed to create a fiduciary relationship between or among the parties hereto or thereto.