Common use of No Fiduciary Duty, etc Clause in Contracts

No Fiduciary Duty, etc. Each Borrower acknowledges and agrees that no Secured Party will have any obligations except those obligations with respect to the Facility expressly set forth herein and in the other Loan Documents, and each Secured Party is acting solely in the capacity of an arm’s length contractual counterparty to 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, such Borrower or any other person. Each Borrower agrees that it will not assert any claim against any Secured Party based on an alleged breach of fiduciary duty by such Secured Party in connection with this Agreement and the transactions contemplated hereby. Additionally, each Borrower acknowledges and agrees that no 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 hereby, and the Secured Parties shall have no responsibility or liability to such Borrower with respect thereto.

No Fiduciary Duty, etc. Each Borrower acknowledges The Guarantors hereby acknowledge and agrees agree that no Secured Party will have any obligations except those obligations with respect to the Facility Facilities expressly set forth herein in the Credit Agreement and in the other Loan Credit Documents, and each Secured Party is acting solely in the capacity of an arm’s length contractual counterparty to each Borrower the 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, such Borrower any Guarantor or any other person. Each Borrower Guarantor agrees that it will not assert any claim against any Secured Party based on an alleged breach of fiduciary duty by such Secured Party in connection with this Agreement the Credit Documents and the transactions contemplated herebythereby. Additionally, each Borrower Guarantor acknowledges and agrees that no Secured Party is advising such Borrower any it as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. Each Borrower 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 hereby, and the Secured Parties shall have no responsibility or liability to such Borrower any Guarantor with respect thereto.