Common use of No Effect Upon Lending Relationship Clause in Contracts

No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of Antares Capital Corporation or any other lender under any credit agreement in their capacity as a lender(s) to the Company or any of its subsidiaries pursuant to any agreement under which the Company or any of its subsidiaries has borrowed money. Without limiting the generality of the foregoing, any such Person, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect stockholder of the Company, (ii) the interests of the Company or (iii) any duty it may have to any other direct or indirect stockholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.

Appears in 3 contracts

Samples: Stockholders Agreement (Panther Expedited Services, Inc.), Stockholders Agreement (Panther Expedited Services, Inc.), Stockholders Agreement (Panther Expedited Services, Inc.)

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No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Agreement Warrant shall affect, limit or impair the rights and remedies of Antares Capital Corporation or any other lender under any credit agreement in their capacity as a lender(s) to the Company Holder or any of its subsidiaries Affiliates in its capacity as a lender to the Company pursuant to any agreement under which the Company has borrowed money from the Holder or any of its subsidiaries has borrowed moneyAffiliates. Without limiting the generality of the foregoing, neither the Holder nor any such PersonAffiliate of the Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no any duty to consider (i) its status or the status of any of its Affiliates as a direct or indirect stockholder equity holder of the Company, (ii) the interests equity of the Company or (iii) any duty it may have to any other direct or indirect stockholder equity holder of the Company, except as may be required under the applicable loan documents or by commercial law Law applicable to creditors generally.

Appears in 2 contracts

Samples: Common Stock Purchase (Workhorse Group Inc.), Common Stock Purchase (Workhorse Group Inc.)

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No Effect Upon Lending Relationship. Notwithstanding anything herein to the contrary, nothing contained in this Agreement Warrant shall affect, limit or impair the rights and remedies of Antares Capital Corporation the Holder or any other lender under any credit agreement of its Affiliates in their its capacity as a lender(s) lender to the Company or any of its subsidiaries Affiliates pursuant to any agreement under which the Company or any of its subsidiaries Affiliates has borrowed moneymoney from the Holder (including the Credit Agreement). Without limiting the generality of the foregoing, any such Personthe Holder, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will have no duty to consider (ia) its status or the status of any of its Affiliates as a direct or indirect stockholder of the Company, (ii) the interests equity holder of the Company or any of its Affiliates, (iiib) the equity of the Company or any of its Affiliates or (c) any duty it may have to any other direct or indirect stockholder equity holder of the CompanyCompany or any of its Affiliates, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.

Appears in 2 contracts

Samples: Universal Biosensors Inc, Universal Biosensors Inc

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