Common use of Exculpation, Indemnification, etc Clause in Contracts

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Agent, any Lender, any successor, transferee or assignee of the Administrative Agent or any Lender, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified Party, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party by a third party. Each Obligor agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Agent, any Lenderparty hereto, any successor, transferee or assignee of the Administrative Agent or any Lenderparty hereto, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that that, nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified PartyPerson, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party Person by a third party. Each Obligor party hereto agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (ia) In no event shall the Administrative Agent, any Lenderparty hereto, any successor, transferee or assignee of the Administrative Agent or any Lenderparty hereto, or any of their respective Affiliates, directors, officers, employees, attorneys, 109 agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors Loan Parties jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that that, nothing in this clause (ia) shall relieve any Obligor Loan Party of any obligation such Obligor Loan Party may have to indemnify an Indemnified Party, as provided in clause (iib) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party Person by a third party. Each Obligor party hereto agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In i)In no event shall the Administrative Agent, any Lenderparty hereto, any successor, transferee or assignee of the Administrative Agent or any Lenderparty hereto, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors and the Secured Parties, as applicable, jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents Notes Document or any of the Transactions or the actual or proposed use of the proceeds of the LoansNotes; provided that that, nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified Party, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party by a third party. Each Obligor party hereto agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Agent, any Lender, any successor, transferee or assignee of the Administrative Agent or any Lender, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that that, nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified PartyPerson, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party Person by a third party. Each Obligor agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Agent, any Lenderparty hereto, any successor, transferee or assignee of the Administrative Agent or any Lenderparty hereto, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive Borrower waives any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement, the Credit Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the LoansTransaction; provided that that, nothing in this clause (i) shall relieve any Obligor the Borrower of any obligation such Obligor the Borrower may have to indemnify an Indemnified PartyPerson, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party Person by a third party. Each Obligor party hereto agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Collateral Agent, any the Lender, any successor, transferee or assignee of the Administrative Collateral Agent or any the Lender, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that that, nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified Party, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party by a third party. Each Obligor agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Agent, any Lenderparty hereto, any successor, transferee or assignee of the Administrative Agent or any Lenderparty hereto, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that that, nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified PartyPerson, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party Person by a third party. Each Obligor party hereto agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim claim against any Exculpated Party with respect to any of the foregoing.

Exculpation, Indemnification, etc. (i) In no event shall the Administrative Agent, any Lenderparty hereto, any successor, transferee or assignee of the Administrative Agent or any Lenderparty hereto, or any of their respective Affiliates, directors, officers, employees, attorneys, agents, advisors or controlling parties (each, an “Exculpated Party”) have any obligation or responsibility for (and the Obligors jointly and severally waive any claims they may have in respect of) any Loss, on any theory of liability, for consequential, indirect, special or punitive damages arising out of or otherwise relating to this Agreement or any of the other Loan Documents or any of the Transactions or the actual or proposed use of the proceeds of the Loans; provided that that, nothing in this clause (i) shall relieve any Obligor of any obligation such Obligor may have to indemnify an Indemnified PartyPerson, as provided in clause (ii) below, against any special, indirect, consequential or punitive damages asserted against such Indemnified Party Person by a third party. Each Obligor party hereto agrees, to the fullest extent permitted by applicable Law, that it will not assert, directly or indirectly, any Claim against any Exculpated Party with respect to any of the foregoing.. ny-2328495