No Fiduciary Duty, etc. Each Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such Borrower or any other person. Each Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each Borrower acknowledges and agrees that no Credit Party is advising such Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to such Borrower with respect thereto.
Appears in 3 contracts
Samples: Credit Agreement (Columbia Acorn Trust), Credit Agreement (Wanger Advisors Trust), Credit Agreement (Columbia Funds Variable Series Trust II)
No Fiduciary Duty, etc. Each The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Documents and the transactions transaction contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such the Borrower or any other person. Each The Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Party is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each The Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documentshereby, and the Credit Parties shall have no responsibility or liability to such the Borrower with respect thereto.
Appears in 3 contracts
Samples: Credit Agreement (Saga Communications Inc), Credit Agreement (Rli Corp), Credit Agreement (Rosehill Resources Inc.)
No Fiduciary Duty, etc. Each The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party or Sustainability Structuring Agent will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party and Sustainability Structuring Agent is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such the Borrower or any other person. Each The Borrower agrees that it will not assert any claim against any Credit Party or Sustainability Structuring Agent based on an alleged breach of fiduciary duty by such Credit Party or Sustainability Structuring Agent in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Party or Sustainability Structuring Agent is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdictionjurisdiction (including, without limitation, the potential application of the “contingent payment debt instrument” tax rules). Each The Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documents, and the Credit Parties and Sustainability Structuring Agent shall have no responsibility or liability to such the Borrower with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Veris Residential, L.P.), Revolving Credit and Term Loan Agreement (Veris Residential, L.P.)
No Fiduciary Duty, etc. Each (a) The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such the Borrower or any other person. Each The Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Party is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each The Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to such the Borrower with respect thereto.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Veris Residential, L.P.), Credit Agreement (Potbelly Corp)
No Fiduciary Duty, etc. Each Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such Borrower with respect to the Loan Documents and the transactions transaction contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such Borrower or any other person. Each Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each Borrower acknowledges and agrees that no Credit Party is advising such Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documentshereby, and the Credit Parties shall have no responsibility or liability to such any Borrower with respect thereto.
Appears in 1 contract
Samples: Credit Agreement (Newmarket Corp)
No Fiduciary Duty, etc. Each Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such each Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such any Borrower or any other person. Each Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each Borrower acknowledges and agrees that no Credit Party is advising such any Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to such any Borrower with respect thereto.. 152
Appears in 1 contract
No Fiduciary Duty, etc. Each The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations under the Loan Documents except those obligations expressly set forth herein and in the other Loan Documents and in connection with the transactions contemplated by the Loan Documents each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Documents and the transactions transaction contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such the Borrower or any other person. Each The Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Party is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each The Borrower shall consult with its own advisors concerning such matters to the extent it deems appropriate and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documentshereby, and the Credit Parties shall have no responsibility or liability to such the Borrower with respect thereto.
Appears in 1 contract
No Fiduciary Duty, etc. Each The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such the Borrower or any other person. Each The Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Party is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each The Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to such the Borrower with respect thereto.
Appears in 1 contract
Samples: Credit Agreement (Marcus Corp)
No Fiduciary Duty, etc. Each Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, agrees that no Credit Secured Party will have any obligations except those obligations with respect to the Facility expressly set forth herein and in the other Loan Documents Documents, and each Credit Secured Party is acting solely in the capacity of an arm’s length contractual counterparty to such each Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such Borrower or any other person. Each Borrower agrees that it will not assert any claim against any Credit Secured Party based on an alleged breach of fiduciary duty by such Credit Secured Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each Borrower acknowledges and agrees that no Credit Secured Party is advising such Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documentshereby, and the Credit Secured Parties shall have no responsibility or liability to such Borrower with respect thereto.
Appears in 1 contract
No Fiduciary Duty, etc. Each The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Party will have any obligations except those obligations expressly set forth herein and in the other Loan Documents and each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such the Borrower or any other person. Each The Borrower agrees that it will not assert any claim against any Credit Party based on an alleged breach of fiduciary duty by such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Party is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each The Borrower shall consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documentshereby, and the Credit Parties shall have no responsibility or liability to such the Borrower with respect thereto.
Appears in 1 contract
Samples: Credit Agreement (Arcosa, Inc.)
No Fiduciary Duty, etc. Each The Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ (if any) understanding, that no Credit Lender Party will have any obligations except those obligations expressly set forth herein and in the other Loan Credit Documents and each Credit Lender Party is acting solely in the capacity of an arm’s length contractual counterparty to such the Borrower with respect to the Loan Credit Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, such Borrower or any other personthe Borrower. Each The Borrower agrees that it will not assert any claim against any Credit Lender Party based on an alleged breach of fiduciary duty by such Credit Lender Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each the Borrower acknowledges and agrees that no Credit Lender Party is advising such the Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each The Borrower shall may consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to such Borrower with respect thereto.other
Appears in 1 contract
Samples: 364 Day Term Loan Credit Agreement (Fortune Brands Home & Security, Inc.)