Common use of No Fiduciary or Implied Duties Clause in Contracts

No Fiduciary or Implied Duties. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), the Borrower acknowledges and agrees that: (i) (A) the arranging and other services regarding this Agreement provided by the Agent, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, the Issuers and the Lenders are arm’s-length commercial transactions between the Borrower and its Affiliates, on the one hand, and the Agent, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, the Issuers and the Lenders, on the other hand, (B) the Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (C) the Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (A) the Agent, each Joint Lead Arranger, the Documentation Agent, each Syndication Agents, each Issuer and each Lender is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary for the Borrower or any of its Affiliates, or any other Person and (B) neither the Agent, any Joint Lead Arranger, the Documentation Agent, any Syndication Agent, any Issuer nor any Lender has any obligation to the Borrower or any of its Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iii) the Agent, each Joint Lead Arranger, the Documentation Agent, the Syndication Agents, the Issuers and each Lender, and their respective Affiliates may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower and its Affiliates, and neither the Agent, any Joint Lead Arranger, the Documentation Agent, any Syndication Agent, any Issuer nor any Lender has any obligation to disclose any of such interests to the Borrower or its Affiliates. To the fullest extent permitted by law, the Borrower hereby waives and releases any claims that it may have against the Agent, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, the Issuers and the Lenders with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

No Fiduciary or Implied Duties. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), the each Borrower acknowledges and agrees agrees, and acknowledges its Affiliates’ understanding, that: (i) (Aa)(i) the arranging and other services regarding this Agreement provided by the AgentAgent and any Affiliate thereof, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, Lenders and the Issuers and the Lenders are arm’s-length commercial transactions between the Borrower Borrowers and its their respective Affiliates, on the one hand, and the AgentAgent and, as applicable, its Affiliates (including MLPFS), the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, Lenders and their Affiliates and the Issuers and their Affiliates (collectively, solely for purposes of this Section 11.20, the “Lenders”), on the other hand, (Bii) the each Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (Ciii) the each Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (Ab)(i) the Agent, each Joint Lead Arranger, the Documentation Agent, each Syndication Agents, each Issuer Agent and its Affiliates (including MLPFS) and each Lender each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary fiduciary, for the any Borrower or any of its Affiliates, or any other Person Person, and (Bii) neither the Agent, any Joint Lead Arranger, the Documentation Agent, any Syndication Agent, any Issuer of its Affiliates (including MLPFS) nor any Lender has any obligation to the any Borrower or any of its Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iiic) the Agent, each Joint Lead Arranger, Agent and its Affiliates (including MLPFS) and the Documentation Agent, the Syndication Agents, the Issuers and each Lender, and their respective Affiliates Lenders may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower Borrowers and its their respective Affiliates, and neither the Agent, any Joint Lead Arranger, the Documentation Agent, any Syndication Agent, any Issuer of its Affiliates (including MLPFS) nor any Lender has any obligation to disclose any of such interests to the any Borrower or any of its Affiliates. To the fullest extent permitted by law, the each Borrower hereby waives and releases any claims that it may have against the Agent, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, the Issuers and the Lenders any of its Affiliates (including MLPFS) or any Lender with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction transactions contemplated hereby.

No Fiduciary or Implied Duties. In connection with all aspects of each transaction contemplated hereby (including in connection with any amendment, waiver or other modification hereof or of any other Loan Document), the each Borrower acknowledges and agrees agrees, and acknowledges its Affiliates’ understanding, that: (i) (Aa)(i) the arranging and other services regarding this Agreement provided by the AgentAgent and any Affiliate thereof, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, Lenders and the Issuers and the Lenders are arm’s-length commercial transactions between the Borrower Borrowers and its their respective Affiliates, on the one hand, and the AgentAgent and, as applicable, its Affiliates (including BofA Securities), the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, Lenders and their Affiliates and the Issuers and their Affiliates (collectively, solely for purposes of this Section 11.20, the “Lenders”), on the other hand, (Bii) the each Borrower has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (Ciii) the each Borrower is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated hereby and by the other Loan Documents; (ii) (Ab)(i) the Agent, each Joint Lead Arranger, the Documentation Agent, each Syndication Agents, each Issuer Agent and its Affiliates (including BofA Securities) and each Lender each is and has been acting solely as a principal and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary fiduciary, for the any Borrower or any of its Affiliates, or any other Person Person, and (Bii) neither the Agent, any Joint Lead Arranger, the Documentation Agent, any Syndication Agent, any Issuer of its Affiliates (including BofA Securities) nor any Lender has any obligation to the any Borrower or any of its Affiliates with respect to the transactions contemplated hereby except those obligations expressly set forth herein and in the other Loan Documents; and (iiic) the Agent, each Joint Lead Arranger, Agent and its Affiliates (including BofA Securities) and the Documentation Agent, the Syndication Agents, the Issuers and each Lender, and their respective Affiliates Lenders may be engaged in a broad range of transactions that involve interests that differ from those of the Borrower Borrowers and its their respective Affiliates, and neither the Agent, any Joint Lead Arranger, the Documentation Agent, any Syndication Agent, any Issuer of its Affiliates (including BofA Securities) nor any Lender has any obligation to disclose any of such interests to the any Borrower or any of its Affiliates. To the fullest extent permitted by law, the each Borrower hereby waives and releases any claims that it may have against the Agent, the Joint Lead Arrangers, the Documentation Agent, the Syndication Agents, the Issuers and the Lenders any of its Affiliates (including BofA Securities) or any Lender with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction transactions contemplated hereby.