Common use of No Fiduciary Duty, etc Clause in Contracts

No Fiduciary Duty, etc. Borrower acknowledges and agrees, and acknowledges its subsidiaries’ understanding, that Lender will have no obligations except those obligations expressly set forth herein and in the other Loan Documents and Lender is acting solely in the capacity of an arm’s length contractual counterparty to Borrower with respect to the Loan Documents and the transaction contemplated therein and not as a financial advisor or a fiduciary to, or an agent of, Borrower or any other person. Borrower agrees that it will not assert any claim against Lender based on an alleged breach of fiduciary duty by Lender in connection with this Agreement and the transactions contemplated hereby. Additionally, Borrower acknowledges and agrees that Lender is not advising Borrower as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. 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 hereby, and Lender shall have no responsibility or liability to Borrower with respect thereto.

No Fiduciary Duty, etc. Each Borrower acknowledges and agrees, and acknowledges its subsidiariesSubsidiaries’ understanding, that Lender will not have no any obligations except those obligations expressly set forth herein and in the other Loan Documents and Lender is acting solely in the capacity of an arm’s length contractual counterparty to each Borrower with respect to the Loan Documents and the transaction transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, any Borrower or any other person. Each Borrower agrees that it will not assert any claim against Lender Xxxxxx based on an alleged breach of fiduciary duty by Lender Xxxxxx in connection with this Agreement and the transactions contemplated hereby. Additionally, each Borrower acknowledges and agrees that Lender Xxxxxx is not advising 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 herebyin the Loan Documents, and Lender shall have no responsibility or liability to Borrower the Borrowers with respect thereto.

No Fiduciary Duty, etc. Each Borrower acknowledges and agrees, and acknowledges its subsidiariesSubsidiaries’ understanding, that Lender will not have no any obligations except those obligations expressly set forth herein and in the other Loan Documents and Lender is acting solely in the capacity of an arm’s length contractual counterparty to each Borrower with respect to the Loan Documents and the transaction transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, any Borrower or any other person. Each Borrower agrees that it will not assert any claim against Lender Xxxxxx based on an alleged breach of fiduciary duty by Lender Xxxxxx in connection with this Agreement and the transactions contemplated hereby. Additionally, Borrower each Xxxxxxxx acknowledges and agrees that Lender Xxxxxx is not advising 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 herebyin the Loan Documents, and Lender shall have no responsibility or liability to Borrower the Borrowers with respect thereto.