No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 61 contracts
Samples: Financing Agreement (Regis Corp), Financing Agreement (Turtle Beach Corp), Financing Agreement (Unique Logistics International, Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “"agent” " herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 31 contracts
Samples: Financing Agreement (Alj Regional Holdings Inc), Financing Agreement (Ascend Wellness Holdings, LLC), Financing Agreement (SMTC Corp)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 9 contracts
Samples: Credit Agreement (Surf Air Mobility Inc.), Senior Loan and Security Agreement (Doma Holdings, Inc.), Loan and Security Agreement (Doma Holdings, Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead Instead, such term is used as a matter of market custom, custom and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 3 contracts
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Appgate, Inc.), Financing Agreement (Troika Media Group, Inc.), Financing Agreement (Troika Media Group, Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any the Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawApplicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 3 contracts
Samples: Forbearance Agreement and Ninth Amendment to Credit Agreement (Unifund Financial Technologies, Inc.), Credit Agreement (Unifund Financial Technologies, Inc.), Credit Agreement (Unifund Financial Technologies, Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Note Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 2 contracts
Samples: Note Purchase and Security Agreement (Metromile, Inc.), Note Purchase and Security Agreement (INSU Acquisition Corp. II)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 2 contracts
Samples: Financing Agreement (Spark Networks SE), Financing Agreement (Waldencast Acquisition Corp.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of or any applicable law, regardless of whether a Default has occurred and is continuing or an Event of Default exists. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Gannett Co., Inc.), First Lien Credit Agreement (Gannett Co., Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “"agent” " herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of or any applicable law, regardless of whether a Default has occurred and is continuing or an Event of Default exists. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Gannett Co., Inc.), Credit Agreement (Gannett Co., Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “"agent” " herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawlaw (other than in the case of the Collateral Agent as required in order to give effect to its appointment as trustee under the UK Security Documents). Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 1 contract
No Fiduciary Relationship. It is understood and agreed that the use Use of the term “agent” herein in this Agreement or in any other Loan Document Credit Documents (or any other similar term) with reference to any the Administrative Agent does not connote (and is not intended to connote connote) any fiduciary or other implied (or express) obligations obligation arising under agency doctrine of any applicable lawLaw. Instead Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between the contracting parties. Without limiting the foregoing, none of the Lenders shall have or be deemed to have a fiduciary relationship with any other Lender.
Appears in 1 contract
Samples: Revolving Loan Agreement (Grupo Aeromexico, S.A.B. De C.V.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “"agent” " herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead Instead, such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 1 contract
Samples: Financing Agreement (Dico, Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “"agent” " herein or in any other Loan Document (or any other similar term) with reference to any the Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 1 contract
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Note Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties..
Appears in 1 contract
Samples: Note Purchase and Security Agreement (Lemonade, Inc.)
No Fiduciary Relationship. It is understood and agreed that the use of the term “agent” herein or in any other Loan Document (or any other similar term) with reference to any Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.parties.
Appears in 1 contract
Samples: Financing Agreement
No Fiduciary Relationship. It is understood and agreed that the use of the term terms “agentAgent” and “Co-Collateral Agent” herein or in any other Loan Document Documents (or any other similar term) with reference to the Agent or any Co-Collateral Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable lawApplicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.
Appears in 1 contract
