No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees that neither Agent nor any Lender shall have liability to such Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Penhall International Corp), Credit Agreement (Osullivan Industries Inc), Credit Agreement (Penhall International Corp)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrowers by Agent or any Lender. Each Credit Party agrees Borrowers agree that neither Agent nor any Lender shall have liability to such Credit Party Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrowers hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 4 contracts
Samples: Credit Agreement (Atlantis Plastics Inc), Second Lien Credit Agreement (Atlantis Plastics Inc), Credit Agreement (Atlantis Plastics Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrower by Agent Investment Manager or any Lender. Each Credit Party Borrower agrees that neither Agent Investment Manager nor any Lender shall have liability to such Credit Party Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent Investment Manager nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Cardlytics, Inc.), Credit Agreement (Vertical Communications, Inc.)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrower by Agent or any Lender. Each Credit Party Borrower agrees that neither Agent nor any Lender shall have liability to such Credit Party Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Bridge Loan Credit Agreement (First Look Studios Inc), Credit Agreement (TNS Inc), Credit Agreement (Cherokee International Corp)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrowers by Agent Agents or any Lender. Each Credit Party agrees Borrowers agree that neither Agent Agents nor any Lender shall have liability to such Credit Party Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent Agents nor any Lender shall have any liability with respect to, and each Credit Party Borrowers hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 3 contracts
Samples: Credit Agreement (Uap Holding Corp), Credit Agreement (Uap Holding Corp), Credit Agreement (Uap Holding Corp)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Borrower and each other Credit Party agrees agree that neither Agent nor any Lender shall have liability to such Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) tort for losses suffered by such Borrower or any other Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the bad faith, gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and Borrower and each other Credit Party hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by such Borrower and any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Accuro Healthcare Solutions, Inc.), Credit Agreement (Accuro Healthcare Solutions, Inc.)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrower by Agent or any Lender. Each Credit Party Borrower agrees that neither Agent nor any Lender shall have liability to such Credit Party Borrower or any other Person (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrower or any other Person in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Portola Packaging Inc), Credit Agreement (Portola Packaging Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to Borrower by any Credit Party by Agent or any Lender. Each Credit Party Borrower agrees that neither Agent nor any Lender shall have liability to such Credit Party Borrower or any other Person (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrower or any other Person in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Post Petition Credit Agreement (Portola Packaging Inc), Senior Post Petition Credit Agreement (Portola Packaging Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to Borrowers by any Credit Party by Agent or any Lender. Each Credit Party agrees Borrowers agree that neither no Agent nor any Lender shall have liability to such Credit Party Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither No Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrowers hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 2 contracts
Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Twi Holdings Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrower by Agent or any Lender. Each Credit Party Borrower agrees that neither Agent nor any Lender shall have liability to such Credit Party Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees agree not to xxx for, any special, indirect or consequential damages suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (RathGibson Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrowers by Agent Agents or any Lender. Each Credit Party agrees Borrowers agree that neither Agent Agents nor any Lender shall have liability to such Credit Party Borrowers (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrowers in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent Agents nor any Lender shall have any liability with respect to, and each Credit Party Borrowers hereby waiveswaive, releases release and agrees agree not to xxx sue for, any special, indirect or consequential damages suffered by such Credit Party Boxxxwers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees that neither Agent nor any Lender shall have liability to such any Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such any Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by such axx Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Golfsmith International Holdings Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees that neither Agent nor any Lender shall have liability to such Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by such Credit Party Xxxty in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Osullivan Industries Holdings Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party Borrower by Agent or any Lender. Each Credit Party Borrower agrees that neither Agent nor any Lender shall have liability to such Credit Party Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Borrower in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by such Credit Party Bxxxower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees Parties agree that neither Agent nor any Lender shall have liability to such any Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party Parties in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party Borrower agrees that neither Agent nor any Lender shall have liability to such any Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such any Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such any Credit Party Parties in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Southern Construction Products Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees that neither Agent nor any Lender shall have liability to such Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by such Credit Party in connection with, arising out arisinx xut of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees that neither Agent nor any Lender shall have liability to such any Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such any Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx sxx for, any special, indirect or consequential damages suffered by such any Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Golfsmith International Holdings Inc)
No Fiduciary Relationship; Limited Liability. No provision in the Loan Documents and no course of dealing between the parties shall be deemed to create any fiduciary duty owing to any Credit Party by Agent or any Lender. Each Credit Party agrees that neither Agent nor any Lender shall have liability to such any Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such any Credit Party in connection with, arising out of, or in any way related to the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewith, unless and to the extent that it is determined that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought as determined by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender shall have any liability with respect to, and each Credit Party hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by such any Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.
Appears in 1 contract
Samples: Credit Agreement (Golfsmith International Holdings Inc)