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 any Borrower by Investment Manager or Lender. Each Borrower agrees that neither Investment Manager nor Lender shall have liability to such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such 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 Investment Manager nor Lender shall have any liability with respect to, and each Borrower hereby waives, releases and agrees not to sue for, any special, indirect or consequential damages suffered by Xxxrower 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 Borrowers by Investment Manager or Lender. Each Borrower agrees that neither Investment Manager nor Lender shall have no liability to such Borrower or any of its Affiliates or subsidiaries (whether direct or indirect, sounding in tort, contract or otherwise) for losses suffered by such 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 Investment Manager nor Lender shall not have any liability with respect to, and each Borrower Borrower, for itself and its subsidiaries and Affiliates, hereby waives, releases and agrees not to sue xxx for, any special, indirect indirect, punitive or consequential damages suffered by Xxxrower Borrower or any 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 Borrower other Credit Party by Investment Manager Agent or any Lender. Each Borrower agrees that neither Investment Manager Agent 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 Investment Manager Agent nor any Lender shall have any liability with respect to, and each Borrower hereby waives, releases and agrees not to sue xxx for, any special, indirect or consequential damages suffered by Xxxrower 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 Credit Party by Investment Manager Agent or any Lender. Each Borrower agrees Borrowers and each other Credit Party agree that neither Investment Manager Agent nor any Lender shall have liability to such Borrower Borrowers or any other Credit Party (whether sounding in tort, contract or otherwise) for losses suffered by such 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 Investment Manager Agent nor any Lender shall have any liability with respect to, and Borrowers and each Borrower other Credit Party hereby waiveswaive, releases release and agrees agree not to sue xxx for, any special, indirect or consequential damages suffered by Xxxrower 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 any Borrower by Investment Manager or Lender. Each Borrower agrees that neither Investment Manager nor Lender shall have no liability to such Borrower or any of its Affiliates or subsidiaries (whether direct or indirect, sounding in tort, contract or otherwise) for losses suffered by such 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 Investment Manager nor Lender shall not have any liability with respect to, and each Borrower Borrower, for itself and its subsidiaries and Affiliates, hereby waives, releases and agrees not to sue xxx for, any special, indirect indirect, punitive or consequential damages suffered by Xxxrower Borrower or any 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 Lender. Each Borrower agrees that neither Investment Manager nor Lender shall have liability to such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such 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 Investment Manager nor Lender shall have any liability with respect to, and each Borrower hereby waives, releases and agrees not to sue for, any special, indirect or consequential ox xonsequential damages suffered by Xxxrower Borrower 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 Agent or Lenderby Lenders. Each Borrower agrees that neither Investment Manager Agent nor Lender the Lenders shall have liability to such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such 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 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 Investment Manager Agent nor Lender the Lenders shall have any liability with respect to, and each Borrower hereby waives, releases and agrees not to sue xxx for, any special, indirect or consequential damages suffered by Xxxrower Borrower 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 Lenderthe L/C Guarantors. Each Borrower agrees that neither Investment Manager nor Lender any L/C Guarantor shall have liability to such Borrower (whether sounding in tort, contract or otherwise) for losses suffered by such 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 Investment Manager nor Lender any L/C Guarantor shall have any liability with respect to, and each Borrower hereby waives, releases and agrees not to sue xxx for, any special, indirect or consequential damages suffered by Xxxrower Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.