Lender Liability Sample Clauses
Lender Liability. The Bank shall not be liable for any loss sustained by any party resulting from any action, omission, or failure to act by the Bank, whether with respect to the exercise or enforcement of the Bank's rights or remedies under the Loan Documents, the Loan, or otherwise, unless such loss is caused by the actual willful misconduct of the Bank conducted in bad faith. IN NO EVENT SHALL THE BANK EVER BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY RIGHT OR CLAIM THERETO BEING EXPRESSLY AND UNCONDITIONALLY WAIVED.
Lender Liability. No Lender, or any of its officers, directors, employees, agents, or counsel shall be liable for any action lawfully taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own respective gross negligence or willful misconduct.
Lender Liability. NMHG hereby agrees to indemnify, save and keep harmless NFS, its respective agents, employees, successors and assigns from and against any and all losses, damages, penalties, injuries, claims, actions and suits, including legal expenses and outside attorneys’ fees, of whatsoever kind and nature, in contract or tort (collectively, “Losses”) arising out of or in connection with (i) any decision or recommendation by NMHG to limit, terminate or otherwise modify any Dealer’s Credit Line, (ii) any decision or recommendation by NMHG to the effect that NFS should not enter into any Wholesale Account with any Dealer, (iii) any refusal by NFS to enter into any Wholesale Account with any Dealer by reason of NMHG’s termination of the recourse set forth in Article II above with respect to such Dealer’s obligations, or (iv) any termination or other modification of any Dealer’s franchise by NMHG.
Lender Liability. The existence of any legal protection for the INSURED against liability of any kind whatsoever in connection with POLLUTION CONDITIONS, including but not limited to the secured creditor exemption in Section 9601(2) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601 et seq., shall in no way affect the rights of the INSURED under this Policy. Any failure of the INSURED to qualify for such protection shall not in and of itself trigger Exclusion IV.E or in any other way affect the rights of the INSURED under this Policy.
Lender Liability. The Lender shall not be liable for any loss sustained by any party resulting from any action, omission, or failure to act by the Lender, whether with respect to the exercise or enforcement of the Lender's rights or remedies under the Loan Documents, the Credit Line Loan, or otherwise, unless such loss is caused by the actual willful misconduct of the Lender conducted in bad faith. IN NO EVENT SHALL THE LENDER EVER BE LIABLE FOR CONSEQUENTIAL OR PUNITIVE DAMAGES, ANY RIGHT OR CLAIM THERETO BEING EXPRESSLY AND UNCONDITIONALLY WAIVED.
Lender Liability. The existence of any legal protection for the INSURED against liability of any kind whatsoever in connection with POLLUTION CONDITIONS, including but not limited to the secured creditor exemption in Section 9601(2) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sec. 9601 et seq., shall in no way affect the rights of the INSURED under this Policy. Any failure of the INSURED to qualify for such protection shall not in and of itself trigger Exclusion IV.E or in any other way affect the rights of the INSURED under this Policy. Copyright, American International Group, Inc., 2000 14
Lender Liability. (a) The duties, warranties, covenants and promises arising from the Loan Documents of each Lender to Borrower shall be several and not joint, and the Borrower shall have no legal or equitable
Lender Liability. (a) Number of cases impose liability on lenders, often as a result of exercising "control" over borrower
(1) taking actions indicating "ownership" such as exercising voting power, selecting or dismissing management
(2) taking actions usually reserved to management, such as financial decisions, taking control of or operating borrower's properties
(3) monitoring and advising insufficient
(4) if lender exercises "control" will be held to higher standard and may be viewed as a fiduciary
Lender Liability. (a) Neither the Lender nor any of its respective directors, officers, employees, agents or Affiliates shall have any responsibility to the Borrower or the Guarantors on account of the failure or delay in performance or breach of any of their respective obligations under this Agreement or any of the Loan Documents or in connection herewith or therewith.
(b) The Lender, in its capacity as lender hereunder, shall be entitled to rely on any communication, instrument, or document reasonably believed by such person to be genuine or correct and to have been signed or sent by a person or persons believed by such person to be the proper person or persons, and such person shall be entitled to rely on advice of legal counsel, independent public accountants, and other professional advisers and experts selected by such person.
Lender Liability. Subject to the rights of the parties to the Commitment Letter under the terms thereof, none of the Parties hereto, nor any of their respective affiliates, solely in their respective capacities as parties to this Agreement, shall have any rights or claims against the Lender or any Debt Financing Source, solely in their respective capacities as lenders, underwriters or arrangers in connection with the Debt Financing.