No Effect Upon Lending Relationships. Anything herein to the contrary notwithstanding, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of the Investor (individually, a “Subject Entity” and collectively, the “Subject Entities”), any of their respective affiliates, funding or financing sources or any other lenders in their capacities as lenders to the Company or any of its subsidiaries pursuant to any agreement under which the Company or any of its subsidiaries has or from time to time will have borrowed money. Without limiting the generality of the foregoing, neither any Subject Entity nor any such other Person, in exercising its rights as a lender or other creditor, including making its decision on whether to foreclose on any collateral security, shall have any duty to consider (a) its status as a direct or indirect equityholder of the Company, (b) the interests of the Company or any of its subsidiaries or (c) any duty it may have to any other direct or indirect equityholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
No Effect Upon Lending Relationships. Notwithstanding anything herein to the contrary, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of any Member that is also a lender to the Company or any Subsidiary in its capacity as such lender. Without limiting the generality of the foregoing, any such Member, in exercising its rights as a lender, including making its decision on whether to foreclose on any collateral security, will not have a duty to consider (a) its status as a Member of the Company or an indirect owner of any Subsidiary, (b) the interests of the Company or any Subsidiary, or (c) any duty it may have to any other direct or indirect Member of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
No Effect Upon Lending Relationships. Notwithstanding anything to the contrary, nothing contained in the Governing Documents, the Convertible Notes, the Qualified Equity Financing Documents or otherwise shall affect, limit or impair the rights and remedies of Victory Park Management, LLC or each of the Lenders party to the Financing Agreement (individually, a “Subject Entity” and collectively, the “Subject Entities”), any of their respective affiliates, funding or financing sources or any other lenders in their capacities as lenders to the Company or any of its subsidiaries pursuant to any agreement under which the Company or any of its subsidiaries has or from time to time will have borrowed money, including, without limitation, the Financing Agreement. Without limiting the generality of the foregoing, neither any Subject Entity nor any such other person, in exercising its rights, remedies or claims as a lender or other creditor, including making its decision on whether to foreclose on any collateral security, shall have any duty to consider (a) its status as a direct or indirect equity holder of the Company, (b) the interests of the Company or any of its subsidiaries, or (c) any duty it may have to any other direct or indirect equity holder of the Company, except, with respect to the foregoing clauses (b) and (c), as may be required under the applicable loan documents or by nonwaivable commercial law applicable to creditors generally.
No Effect Upon Lending Relationships. Anything herein contained to the contrary notwithstanding, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of Prism, or any other lender in its capacity as a lender to the Company or any of its Affiliates (“Subject Person”) pursuant to any agreement, document or instrument under which the Company or any of its Affiliates has borrowed money or received other financial accommodations. Without limiting the generality of the foregoing, no Subject Person, in exercising its rights, remedies or claims as a lender or other creditor, shall have any duty to consider (a) its status as a direct or indirect stockholder of the Company, (b) the interests of the Company or any of its Affiliates, or (c) any duty it may have to any other direct or indirect stockholder of the Company, except, with respect to the foregoing clauses (b) and (c), as may be required under the applicable loan documents or by non-waivable commercial law applicable to creditors generally. Each Investor and the Company hereby acknowledge and understand that the Subject Persons have acquired certain Registrable Securities and such Subject Person, or certain of its Affiliates, are lenders to the Company and/or its Affiliates and the potential conflict of interest of the Subject Persons as holders of Registrable Securities and as lenders, or Affiliates of lenders, to the Company and/or its Affiliates and hereby consent thereto.
No Effect Upon Lending Relationships. Notwithstanding anything contained in this Agreement to the contrary, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of the Prepetition Second Lien Agent, the Cerberus Second Lien Lenders or any of their respective Affiliates, funding or financing sources or any other lenders in each case in their capacities as lenders to Sellers.
No Effect Upon Lending Relationships. Notwithstanding anything herein to the contrary, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of any lender in its 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 (a) its status as a stockholder of the Company, (b) the interests of the Company or (c) any duty it may have to any other stockholder of the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally. No consent, approval, vote or other action taken or required to be taken by any Stockholder hereunder as a holder of the Company’s securities shall in any way impact, affect or alter the rights and remedies of any Stockholder as a lender or agent for lenders.
No Effect Upon Lending Relationships. Nothing contained in this Agreement shall affect, limit or impair the rights and remedies of CapitalSource Finance LLC or its affiliates in their capacities as lenders pursuant to the CapitalSource Credit Agreements, including, without limitation, in exercising its rights as a lender and making any decision on whether to foreclose on any collateral security, and they shall not have any duty to consider (a) their status as a direct or indirect equityholder of the Company, (b) the interests of the Company or any of its Subsidiaries (other than with respect to any obligations they may have as a lender) or (c) any duty they may have to any other direct or indirect equityholder of the Company, except as may be required under the applicable loan documents, by commercial law applicable to creditors generally or pursuant to the Transaction Documents.
No Effect Upon Lending Relationships. Notwithstanding anything contained in this Agreement to the contrary, nothing contained in this Agreement nor the fact that any Member is a Member or owns Units will affect, limit or impair the rights and remedies of any such Member or its Affiliates, funding or financing sources or any other lenders, if applicable, in their capacities as lenders to the Company or its subsidiaries pursuant to any agreement under which the Company or its Subsidiaries has or from time to time will have borrowed money. Without limiting the generality of the foregoing, none of such Members or any Affiliate thereof, in exercising its rights as a lender or other creditor, if applicable, including making its decision on whether to foreclose on any collateral security, will have any duty to consider (a) its status as a direct or indirect Member in the Company, (b) the interests of the Company or its Subsidiaries or Members or (c) any duty it may have to any other Member or the Company, except as may be required under the applicable loan documents or by commercial law applicable to creditors generally.
No Effect Upon Lending Relationships. Notwithstanding anything herein to the contrary, nothing contained in this Agreement shall affect, limit or impair the rights and remedies of Xxxxx Fargo Foothill, Inc., Highbridge/Xxxxx Special Opportunities Fund, L.P. or CapitalSource Finance LLC or any other lender in their capacity as a lender to the Company or any of its subsidiaries pursuant to any agreement 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 (a) its status as a direct or indirect stockholder of the Company or (b) 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.
No Effect Upon Lending Relationships. Nothing contained in this Agreement shall affect, limit or impair the rights and remedies of the Plan Sponsor or its Affiliates and Related Funds in their capacity, as applicable, as a lender(s) to the Company or any of its Subsidiaries. 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 (by virtue of its also being a direct or indirect holder of Common Stock or other Equity Securities in the Company or its Subsidiaries) to consider (a) its status as a direct or indirect holder of Common Stock or other Equity Securities in the Company or its Subsidiaries, (b) the interests of the Company or any of its Subsidiaries, or (c) any duty it may have to any other direct or indirect holder of Common Stock or other Equity Interests in the Company or its Subsidiaries.
