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. Borrower (a) Seller acknowledges and agrees, and acknowledges its subsidiariesSubsidiaries’ understanding, that Lender Buyer will not have no any obligations except those obligations expressly set forth herein in this Agreement and in the other Loan Transaction Documents and Lender Buyer is acting solely in the capacity of an arm’s arm’s-length contractual counterparty to Borrower Seller with respect to the Loan Transaction Documents and the transaction contemplated therein Transactions and not as a financial advisor or a fiduciary to, or an agent of, Borrower Seller or any other personPerson. Borrower Seller agrees that it will not assert any claim against Lender Buyer based on an alleged breach of fiduciary duty by Lender such Person in connection with this Agreement and the transactions contemplated herebyTransactions. Additionally, Borrower Seller acknowledges and agrees that Lender Buyer is not advising Borrower Seller as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Borrower shall Seller will consult with its own advisors concerning such matters and shall be responsible for making its own independent investigation and appraisal of the transactions contemplated herebyTransactions, and Lender Buyer shall have no responsibility or liability to Borrower Seller with respect thereto.

No Fiduciary Duty, etc. (a) 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 Borrower Borrowers 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, Borrower Borrowers or any other person. Each Borrower agrees that it they 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 Borrowers acknowledge and agrees agree that Lender is not advising Borrower Borrowers as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Borrower Borrowers shall consult with its their own advisors concerning such matters and shall be responsible for making its their own independent investigation and appraisal of the transactions contemplated herebyherein or in the other Loan Documents, and Lender shall have no responsibility or liability to Borrower 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, 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.