Common use of No Fiduciary Relationship; Limited Liability Clause in Contracts

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 or any other Credit Party by Agent or any Lender. Borrower agrees that neither Agent nor any Lender shall have liability to Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by 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 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 hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by Borrower or any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 or any other Credit Party by Agent or any Lender. Holdings and Borrower each agrees on behalf of itself and each other Credit Party, that neither Agent nor any Lender shall have liability to Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by 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 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 Holdings and Borrower each hereby on behalf of itself and each other Credit Party, waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by Borrower or any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 or any other Credit Party by Agent or any Lender. Borrower agrees Borrowers and each other Credit Party agree that neither Agent nor any Lender shall have liability to Borrower Borrowers or any other Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by Borrower Borrowers 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 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 Borrowers and each other Credit Party hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by Borrower or Borrowers 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.

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 or any other Credit Party by Agent or any Lenderby Lenders. Borrower agrees that neither Agent nor any Lender the Lenders shall have liability to Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by 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 breach of their affirmative obligations under this Agreement or the gross negligence or willful misconduct of the party from which recovery is sought as determined in each case by a final non-appealable order by a court of competent jurisdiction. Neither Agent nor any Lender the Lenders shall have any liability with respect to, and Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by Borrower or any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 or any other Credit Party Borrowers by Agent or any Lender. Each Borrower agrees that neither Agent nor any Lender shall have no liability to Borrower or any other Credit Party of its Affiliates or subsidiaries (whether direct or indirect, sounding in tort, contract or otherwise) for losses suffered by 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 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 not have any liability with respect to, and Borrower each Borrower, for itself and its subsidiaries and Affiliates, hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by Borrower or any other Credit Party of its Affiliates or subsidiaries in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 or any other Credit Party by Agent Agent, L/C Issuer or any Lender. Borrower agrees Credit Parties agree that neither Agent none of Agent, L/C Issuer nor any Lender shall have liability to Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by 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 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 Credit Parties hereby waiveswaive, releases release and agrees agree not to xxx for, any special, indirect or consequential damages suffered by Borrower or any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 or any other Credit Party by Agent or any Lender. Borrower agrees that neither Agent nor any Lender shall have no liability to Borrower or any other Credit Party of its Affiliates or subsidiaries (whether direct or indirect, sounding in tort, contract or otherwise) for losses suffered by 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 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 not have any liability with respect to, and Borrower Borrower, for itself and its subsidiaries and Affiliates, hereby waives, releases and agrees not to xxx for, any special, indirect indirect, punitive or consequential damages suffered by Borrower or any other Credit Party of its Affiliates or subsidiaries in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 Borrower by Investment Manager or any other Credit Party by Agent or any Lender. Each Borrower agrees that neither Agent Investment Manager nor any Lender shall have liability to such Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) 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 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 Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential ox xonsequential damages suffered by Borrower or any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 Borrower by Investment Manager or any other Credit Party by Agent or any Lenderthe L/C Guarantors. Each Borrower agrees that neither Agent Investment Manager nor any Lender L/C Guarantor shall have liability to such Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) 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 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 L/C Guarantor shall have any liability with respect to, and each Borrower hereby waives, releases and agrees not to xxx for, any special, indirect or consequential damages suffered by Borrower or any other Credit Party in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

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 Borrower by Investment Manager or any other Credit Party by Agent or any Lender. Each Borrower agrees that neither Agent Investment Manager nor any Lender shall have liability to such Borrower or any other Credit Party (whether sounding in tort, contract or otherwise) 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 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 Borrower hereby waives, releases and agrees not to xxx sue for, any special, indirect or consequential damages suffered by Borrower or any other Credit Party Xxxrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.