Common use of No Fiduciary Duty, etc Clause in Contracts

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the Loan Parties with respect to the Loan Documents and the transactions contemplated therein and not as a financial advisor or a fiduciary to, or an agent of, any Loan Party or any other person. Each Loan Party 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 by the Loan Documents. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the Loan Parties as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by the Loan Documents, and the Credit Parties shall have no responsibility or liability to any Loan Party with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the each Loan Parties Party 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, any Loan Party or any other person. Each Loan Party 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 154 transactions contemplated by the Loan Documentshereby. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the any Loan Parties Party as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to any Loan Party with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the each Loan Parties Party 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, any Loan Party or any other person. Each Loan Party 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 by the Loan Documentshereby. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the any Loan Parties Party as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to any Loan Party with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges The Guarantors hereby acknowledge and agrees, and acknowledges its Subsidiaries’ understanding, agree that no Credit Secured Party will have any obligations except those obligations with respect to the Facilities expressly set forth herein in the Credit Agreement and in the other Loan Documents Credit Documents, and each Credit Secured Party is acting solely in the capacity of an arm’s length contractual counterparty to the Loan Parties Guarantors with respect to the Loan Credit Documents and the transactions contemplated therein and not as a financial advisor or a fiduciary to, or an agent of, any Loan Party Guarantor or any other person. Each Loan Party Guarantor 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 the Credit Documents and the transactions contemplated by the Loan Documentsthereby. Additionally, each Loan Party Guarantor acknowledges and agrees that no Credit Secured Party is advising the Loan Parties any it as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party Guarantor 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 by the Loan Documentshereby, and the Credit Secured Parties shall have no responsibility or liability to any Loan Party Guarantor with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the Loan Parties each Borrower with respect to the Loan Documents and the transactions contemplated therein and not as a financial advisor or a fiduciary to, or an agent of, any Loan Party such Borrower or any other person. Each Loan Party 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 by the Loan Documentshereby. Additionally, each Loan Party Borrower acknowledges and agrees that no Credit Secured Party is advising the Loan Parties such Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by the Loan Documentshereby, and the Credit Secured Parties shall have no responsibility or liability to any Loan Party such Borrower with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party Borrower acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the Loan Parties such Borrower with respect to the Loan Documents and the transactions transaction contemplated therein and not as a financial advisor or a fiduciary to, or an agent of, any Loan Party such Borrower or any other person. Each Loan Party 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 by the Loan Documentshereby. Additionally, each Loan Party Borrower acknowledges and agrees that no Credit Party is advising the Loan Parties such Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by the Loan Documentshereby, and the Credit Parties shall have no responsibility or liability to any Loan Party Borrower with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the each Loan Parties Party 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, any such Loan Party or any other person. Each Loan Party 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 by the Loan Documentshereby. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the such Loan Parties Party as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to any Loan Party with respect thereto.

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the Loan Parties with respect to the Loan Documents and the transactions contemplated therein and not as a financial advisor or a fiduciary to, or an agent of, any Loan Party or any other person. Each Loan Party 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 by the Loan Documents. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the Loan Parties as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by the Loan Documents, and the Credit Parties shall have no responsibility or liability to any Loan Party with respect thereto.. 128

No Fiduciary Duty, etc. (a) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the Loan Parties 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, any such Loan Party or any 118 other person. Each The Loan Party agrees Parties agree 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 by the Loan Documentshereby. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the such Loan Parties Party as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to any such Loan Party with respect thereto.

No Fiduciary Duty, etc. (a10) Each Loan Party acknowledges and agrees, and acknowledges its Subsidiaries’ 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 the each Loan Parties Party 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, any Loan Party or any other person. Each Loan Party 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 by the Loan Documentshereby. Additionally, each Loan Party acknowledges and agrees that no Credit Party is advising the any Loan Parties Party as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Loan Party 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 by herein or in the other Loan Documents, and the Credit Parties shall have no responsibility or liability to any Loan Party with respect thereto.