Common use of No Fiduciary Duty, etc Clause in Contracts

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

Appears in 2 contracts

Samples: Letter of Credit Agreement (Everest Group, Ltd.), Credit Agreement (Everest Re Group LTD)

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

Appears in 1 contract

Samples: Credit Agreement

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No Fiduciary Duty, etc. (a) The Account Party Authority acknowledges and agrees agrees, that Bank no Credit Party will not have any obligations except those obligations expressly set forth herein and in the other Credit Related Documents and Bank each Credit Party is acting solely in the capacity of an arm’s length contractual counterparty to the Account Party Authority with respect to the Credit Related Documents and the transactions contemplated herein and therein and not as a financial advisor or a fiduciary to, or an agent of, the Account Party Authority or any other Personperson. The Account Party Authority agrees that it will not assert any claim against Bank any Credit Party based on an alleged breach of fiduciary duty by Bank such Credit Party in connection with this Agreement and the transactions contemplated hereby. Additionally, the Account Party Authority acknowledges and agrees that Bank no Credit Party is not advising the Account Party Authority as to any legal, tax, investment, accounting, regulatory or any other matters in any jurisdiction. The Account Party Authority 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 Credit Related Documents, and Bank the Credit Parties shall have no responsibility or liability to the Account Party Authority with respect thereto.

Appears in 1 contract

Samples: Purchase and Continuing Covenant Agreement

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