No Lender Liability. To the extent permitted by law, Lender shall have no liability for any loss, damage, injury, cost or expense resulting from any action or omission by it, or any of its representatives, which was taken, omitted or made in good faith.
No Lender Liability. Notwithstanding the security interests of Lender in the Pledged Collateral, Lender shall have no obligation or liability whatsoever to the Pledged Entity, or any member thereof, or any creditor or other Person having any relationship, contractual or otherwise, with the Pledged Entity, nor shall Lender be obligated to perform any of the obligations or duties of Pledgor under the Pledged Entity’s organizational documents, or to take any action to collect or enforce any claim for payment due Pledgor arising thereunder. The Pledged Entity acknowledges that the security interests of Lender in the Pledged Collateral and all of Lender’s rights and remedies under the Pledge Agreement may be transferred or assigned by Lender as provided in the Pledge Agreement and the other Loan Documents. In the event of any such transfer or assignment, all of the provisions of this Agreement shall inure to the benefit of the transferees, successors, assigns or participants of Lender, and Pledgor shall notify the Pledged Entity of such transfer or assignment. The provisions of this Agreement shall likewise be binding upon any and all permitted successors or assigns of the Pledged Entity. Notwithstanding the foregoing, Lender shall at all times be obligated to act in a commercially reasonable manner.
No Lender Liability. LENDER is depending upon CLIENT to promptly supply accurate information and to prepare the application. In addition, financing is dependent upon many factors that LENDER cannot control, including economic factors and the decisions of the financial institutions involved in the project. Accordingly, LENDER does not promise that CLIENT will obtain financing. CLIENT agrees that LENDER shall not be responsible in any manner or liable to the CLIENT, or any other person, in the event that financial assistance is not obtained from this loan application or private financing sources. CLIENT further agrees that CLIENT will hold LENDER harmless and pay all costs and expenses, including attorney’s fees, in the event any claim is made or lawsuit is filed by or against LENDER arising out of any transaction with or assistance to the CLIENT.
No Lender Liability. 47 SECTION 11
No Lender Liability. 29 8.5. Lender's Fees and Expenses..................................29 8.6. Limitation on Remedies with Respect to Subordinated Debt....29
No Lender Liability. Notwithstanding anything herein to the contrary, the Company hereby waives any rights or claims against Jefferies, each lead arranger and each other agent or co-agent (if any) with respect to the Financing, the Lenders, or any affiliate thereof and all of their respective affiliates and each director, officer, employee, representative and agent thereof (each, a “Financing Party”) in connection with this Agreement, the Financing or the Financing Commitment, whether at law or equity, in contract, in tort or otherwise, and the Company agrees not to commence (and if commenced agrees to dismiss or otherwise terminate) any Action against any Financing Party in connection with this Agreement or the transactions contemplated hereby (including any action relating to the Financing or the Financing Commitment). In furtherance and not in limitation of the foregoing waiver, it is agreed that no Lender shall have any liability for any claims, losses, settlements, damages, costs, expenses, fines or penalties to the Company in connection with this Agreement or the transactions contemplated hereby (including the Financing or the Financing Commitment).
No Lender Liability. Notwithstanding anything to the contrary ------------------------- set forth herein, neither Lenders nor Agent shall have any obligation or liability under any Accounts, Leases or other Collateral arising out of this Agreement or Agent's or Lenders' exercise of its rights and remedies or Borrower's performance of its obligations hereunder, nor shall Agent or Lenders have any obligation to make any inquiry as to the nature or sufficiency of any payment received by it, or to file any claim or take any action to enforce the payment or performance of any portion of the Collateral. Beyond the safe custody thereof, Agent and/or Lenders shall have no duty as to any Collateral in it or its nominee's possession or any income thereon, or as to the preservation of rights against other parties or otherwise.
No Lender Liability. Notwithstanding anything to the contrary set forth herein, Lender shall not have any obligation or liability under any Accounts or other Collateral arising out of this Agreement or Lender’s exercise of its rights and remedies or Borrower’s performance of its obligations hereunder, nor shall Lender have any obligation to make any inquiry as to the nature or sufficiency of any payment received by it, or to file any claim or take any action to enforce the payment or performance of any portion of the Collateral. Beyond the safe custody thereof, Lender shall have no duty as to any Collateral in its or its nominee’s possession or any income thereon, or as to the preservation of rights against other parties or otherwise.
No Lender Liability. Lender shall have no duty of care with ------------------- respect to any Collateral unless and until it takes the same into its own possession or control. Lender shall be deemed to have satisfied its duty of due care with respect to Collateral in its custody and control if it accords to such Collateral treatment substantially equal to the treatment Lender accords its own property, or if Lender takes such action with respect to the Collateral as Borrower requests in writing, but no failure to comply with any such request nor any omission to do any such act requested by Borrower shall be presumptively deemed, from that failure or omission, an absence of reasonable care. Lender shall not be responsible or liable for any shortage, discrepancy, damage, loss or destruction of any part of the Collateral wherever the same may be located and regardless of the cause thereof, unless caused by Lender's gross negligence or willful misconduct. Lender does not, by anything contained herein or in any other Loan Document or otherwise, assume any obligation of Borrower under Railcar Lease or any other contract or agreement assigned to Lender or in which Under is granted a security interest, and Lender shall not be responsible in any way for the performance by Borrower of any of the terms and conditions thereof.
No Lender Liability. Except to the extent expressly provided in this Agreement, Lender is not assuming any obligations or liabilities of Borrower.