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. 47 SECTION 11
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. 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 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 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. 57 5.6 Payment of Taxes, Fees and Claims .....................57 5.7 Financial Statements and Other Reports ................57 5.8 Insurance .............................................60 5.9 Continuance of Business ...............................60 5.10 Perfection and Preservation of Liens ..................61 5.11 Agent .................................................61 5.12
No Lender Liability. Lender shall have no liability, obligation or responsibility whatsoever with respect to the operation of any Project by any Project Owner. Lender shall not be obligated to inspect any Project, nor shall Lender be liable for the performance or default of Borrower or any of the Affiliates, any Project, any contractor or any other Person, or for any failure to protect or insure any Project, or for the payment of costs of labor, materials or services supplied for the operation of any Project, or for the performance of any obligation of Borrower or any the Affiliates whatsoever.
No Lender Liability. Borrower and each Guarantor represent and warrant to Lender that Lender has not taken any action, nor has Lender failed to take any action, which action or inaction would give rise to a lender liability claim by Borrower or any Guarantor, or by anyone acting through Borrower or any Guarantor, against in connection in any way with this First Amendment, the Credit Agreement, any other Loan Document or Collateral Document, or in any way related to any of the Loan Documents or Collateral Documents, or in any actions or inactions taken by Lender, and Borrower and each Guarantor agree and acknowledge that no action contemplated by this First Amendment will give rise to any such lender liability claim.
