Common use of Lender Not Fiduciary Clause in Contracts

Lender Not Fiduciary. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower or Guarantor, and no term or provision of any of the Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor and creditor. Nothing herein contained shall be construed to create a partnership or joint venture between Borrower and Lender, and the parties hereby acknowledge that no such relationship exists between them.

Appears in 2 contracts

Samples: Inventory Loan and Security Agreement (Diamond Resorts Corp), Loan and Security Agreement (Mego Financial Corp)

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Lender Not Fiduciary. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower or Guarantor, and no term or provision of this Agreement, any Sub-Loan Agreement or any of the Sub-Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor debtors and creditor. Nothing herein contained shall be construed to create a partnership or joint venture between Borrower and Lender, and the parties hereby acknowledge that no such relationship exists between them.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Corp)

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Lender Not Fiduciary. The relationship between Borrower and Lender is solely that of debtor and creditor, and Lender has no fiduciary or other special relationship with Borrower or Guarantor, and no term or provision of any of the Loan Documents shall be construed so as to deem the relationship between Borrower and Lender to be other than that of debtor debtors and creditor. Nothing herein contained shall be construed to create a partnership or joint venture between Borrower and Lender, and the parties hereby acknowledge that no such relationship exists between them.

Appears in 1 contract

Samples: Construction Loan and Security Agreement (Bluegreen Corp)

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