General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, or any other Person against the Administrative Agent, or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, and the Administrative Agent, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.
Appears in 3 contracts
Samples: Credit Agreement (DigitalOcean Holdings, Inc.), Second Amended and Restated Credit Agreement (DigitalOcean Holdings, Inc.), Second Amended and Restated Credit Agreement (DigitalOcean Holdings, Inc.)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.
Appears in 3 contracts
Samples: Credit Agreement (Preferred Apartment Communities Inc), Credit Agreement (Preferred Apartment Communities Inc), Credit Agreement (Preferred Apartment Communities Inc)
General Limitation of Liability. No claim may be made by any Credit Partythe Borrower, any Lender, Lender or the Administrative Agent, Agent or any other Person person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them them, for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Credit Documents, or any act, omission or event occurring in connection therewith; , and the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 3 contracts
Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)
General Limitation of Liability. No claim may be made by any Credit Partythe Borrower, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Credit Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 3 contracts
Samples: Credit Agreement (DPL Inc), Term Loan Agreement (DPL Inc), Credit Agreement (DPL Inc)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Lender and the Administrative Agent, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or counterclaim upon any such claim for any special, consequential consequential, lost profit or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.
Appears in 2 contracts
Samples: Priming Facility Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and each of the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx sxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 1 contract
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, or through the Administrative Agent, Borrower or any other Person of its Affiliates against the Administrative Agent, or any other Lender or the Affiliates, its directors, officers, employees, attorneys attorneys, agents or agents of any of them Affiliates, and no claim may be made by the Lender against the Borrower, for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Credit Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Borrower and the Administrative AgentLender each hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx sue or counterclaim upon any such claim for any special, consequential consequenxxxl or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 1 contract
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, or through the Administrative Agent, Borrower or any other Person of its Affiliates against the Administrative Agent, or any other Lender or the Affiliates, its directors, officers, employees, attorneys attorneys, agents or agents of any of them Affiliates, and no claim may be made by the Lender against the Borrower, for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Credit Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Borrower and the Administrative AgentLender each hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx or sue xx counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 1 contract
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Lender and the Administrative Agent, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or counterclaim upon any such claim for any special, consequential #4842-1976-9300 #4848-6974-4858 consequential, lost profit or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.
Appears in 1 contract
Samples: Priming Facility Credit Agreement (GTT Communications, Inc.)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or sue xx counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.
Appears in 1 contract
Samples: Credit Agreement (Preferred Apartment Communities Inc)
General Limitation of Liability. No claim may be made by any Credit Partythe Borrower, any Lender, Lender or the Administrative Agent, Agent or any other Person person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them them, for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Credit Documents, or any act, omission or event occurring in connection therewith; and the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx or sue xx counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 1 contract
Samples: Credit Agreement (Lesco Inc/Oh)
General Limitation of Liability. No claim may be made by any Credit Partythe Borrower, any Lender, the Administrative Agent, Agent or any other Person person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Credit Documents, or any act, omission or event occurring in connection therewith; and each of the Borrower, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waivewaives, release releases and agree agrees not to xxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their its favor.
Appears in 1 contract
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Administrative Agent, Agent or any other Person against the Administrative Agent, Agent or any other Lender or the Affiliates, directors, officers, employees, attorneys or agents of any of them for any damages other than actual compensatory damages in respect of any claim for breach of contract or any other theory of liability arising out of or related to the transactions contemplated by this Agreement or any of the other Loan Documents, or any act, omission or event occurring in connection therewith; and the BorrowerBorrowers, each Lender, Lender and the Administrative AgentAgent hereby, to the fullest extent permitted under applicable law, waive, release and agree not to xxx or counterclaim upon any such claim for any special, consequential or punitive damages, whether or not accrued and whether or not known or suspected to exist in their favor.
Appears in 1 contract
Samples: Credit Agreement