General Limitation of Liability. No claim may be made by any Credit Party, any Lender, Agent, any Fronting Lender or any other Person against Agent, any Fronting Lender, 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 Borrower, each Lender, Agent and each Fronting Lender 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 2 contracts
Samples: Credit and Security Agreement (Shiloh Industries Inc), Credit and Security Agreement (Shiloh Industries Inc)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, the Agent, any the Fronting Lender or any other Person against the Agent, any the Fronting Lender, 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, the Agent and each the Fronting Lender 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 2 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (Kratos Defense & Security Solutions, Inc.)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, Agent, any the Fronting Lender or any other Person against Agent, any the Fronting Lender, 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 Borrower, each Lender, Agent and each the Fronting Lender 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 2 contracts
Samples: Credit and Security Agreement (Kratos Defense & Security Solutions, Inc.), Credit Agreement (Sykes Enterprises Inc)
General Limitation of Liability. No claim may be made by any Credit Party, any Lender, Agent, any the Fronting Lender or any other Person against Agent, any the Fronting Lender, 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 BorrowerBorrowers, each Lender, Agent and each the Fronting Lender 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 2 contracts
Samples: Credit Agreement (Teletech Holdings Inc), Credit Agreement (Teletech Holdings Inc)
General Limitation of Liability. No claim may be made by any Credit PartyCo-Borrower, any Lender, the Administrative Agent, any Fronting Lender or any other Person person against Agent, any Fronting Lender, the Administrative Agent or any other Lender or the affiliatesAffiliates, 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 Borrowereach of the Co-Borrowers, each Lender, and the Administrative Agent and each Fronting Lender 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 2 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
General Limitation of Liability. No claim may be made by the Borrower or any other Credit Party, any Lender, Agent, any Fronting Lender the Administrative Agent or any other Person person against Agent, any Fronting Lender, the Administrative Agent or any other Lender or the affiliatesAffiliates, 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 Agent and each Fronting Lender 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: Master Construction Line of Credit Agreement (Alterra Healthcare Corp)
General Limitation of Liability. No claim may be made by any Credit Partythe Borrowers, any Lender, the Administrative Agent, any Fronting Lender or any other Person person against the Administrative Agent, any Fronting Lender, or any other Lender or the affiliatesAffiliates, 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 Borrowereach of the Borrowers, each Lender, and the Administrative Agent and each Fronting Lender 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