No Partnership, Etc. The Agents, Issuing Bank, the Lenders and Borrower intend that the relationship between them shall be solely that of creditor and debtor. Nothing contained in this Financing Agreement, the Notes or in any of the other Financing Documents shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture or co-ownership by or between or among the Agents, Issuing Bank, the Lenders and Borrower or any other Person. None of the Agents, Issuing Bank or the Lenders shall be in any way responsible or liable for the debts, losses, obligations or duties of Borrower, any Project Company or any other Person with respect to the Project or otherwise. All obligations to pay real property or other taxes, assessments, insurance premiums, and all other fees and charges arising from the ownership, operation or occupancy of the Project and to perform all obligations under agreements and contracts relating to the Project shall be the sole responsibility of Borrower and the Project Companies, as applicable.
Appears in 4 contracts
Samples: Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.)
No Partnership, Etc. The Agents, Issuing Bank, the Lenders and the Borrower intend that the relationship between them shall be solely that of creditor and debtor. Nothing contained in this Financing Agreement, the Notes or in any of the other Financing Documents shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture or co-ownership by or between or among the Agents, Issuing Bank, the Lenders and the Borrower or any other Person. None of Neither the Agents, Issuing Bank or Agents nor the Lenders shall be in any way responsible or liable for the debts, losses, obligations or duties of Borrower, any Project Company the Borrower or any other Person with respect to the Project Borrower Projects or otherwise. All obligations to pay real property or other taxes, assessments, insurance premiums, and all other fees and charges arising from the ownership, operation or occupancy of the Project Borrower Projects and to perform all obligations under other agreements and contracts relating to the Project Borrower Projects shall be the sole responsibility of Borrower and the Project Companies, as applicableBorrower.
Appears in 3 contracts
Samples: Loan Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.), Loan Agreement (Vivint Solar, Inc.)
No Partnership, Etc. The AgentsAgents and Lenders, Issuing Bankon the one hand, and Borrower, on the Lenders and Borrower other hand, intend that the relationship between them shall be solely that of creditor and debtor. Nothing contained in this Financing Agreement, the Notes or in any of the other Financing Credit Documents shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture Joint Venture or co-ownership by or between among the Agents and Lenders or among the Agents, Issuing BankLoan Parties, the Lenders Agents and Borrower or any other Personthe Lenders. None of the Agents, Issuing Bank Agents or the Lenders shall be in any way responsible or liable for the debts, losses, obligations or duties of Borrower, any Project Company Borrower or any other Person with respect to the Project or otherwise. All Except as otherwise expressly set forth herein, all obligations to pay real property or other taxesTaxes, assessments, insurance premiums, and all other fees and charges arising from the ownership, operation or occupancy of the Project (if any) and to perform all obligations under and other agreements and contracts relating to the Project shall be the sole responsibility of Borrower and the Project Companies, as applicableBorrower.
Appears in 2 contracts
Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp)
No Partnership, Etc. The Agents, Issuing BankAdministrative Agent, the Lenders and Borrower intend that the relationship between them shall be solely that of creditor and debtor. Nothing contained in this Financing Agreement, the Notes or in any of the other Financing Documents shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture or co-ownership by or by, between or among the Agents, Issuing BankAdministrative Agent, the Lenders and Borrower or any other Person. None of the Agents, Issuing Bank or Neither Administrative Agent nor the Lenders shall be in any way responsible or liable for the debts, losses, obligations or duties of Borrowerthe Noble Entities, any Project Company the Equity Support Members or any other Person with respect to the Project Documents, the Projects or otherwise. All obligations to pay real property or other taxes, assessments, insurance premiums, and all other fees and charges arising from any Project Document or the ownership, operation or occupancy of the Project Projects and to perform all obligations under the Project Documents, the Real Property Documents and any other agreements and contracts relating to the Project Projects shall be the sole responsibility of Borrower and the Project CompaniesNoble Entities, as applicable.
Appears in 1 contract
Samples: Financing Agreement (Noble Environmental Power LLC)
No Partnership, Etc. The Agents, Issuing BankEach Agent, the Lenders and Borrower the Obligors intend that the relationship between them shall be solely that of creditor and debtor. Nothing contained in this Financing Credit Agreement, the Notes or in any of the other Financing Credit Documents shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture or co-ownership by or by, between or among the Agents, Issuing Bankthe Lenders, the Lenders and Borrower Obligors or any other Person. None of Neither the Agents, Issuing Bank or Agents nor the Lenders shall be in any way responsible or liable for the debts, losses, obligations or duties of Borroweran Obligor or any Affiliate of an Obligor, any Project Company or any other Person with respect to the Project Documents, the Projects, or otherwiseotherwise except as specifically provided in the Consents. All obligations to pay real property or other taxes, assessments, insurance premiums, and all other fees and charges arising from the ownership, operation or occupancy of the Project Projects and to perform all obligations under the Real Property Documents and any other agreements and contracts relating to the Project Projects shall be the sole responsibility of Borrower and the Project Companies, as applicableObligors.
Appears in 1 contract
Samples: Management Services Agreement (Macquarie Infrastructure Corp)
No Partnership, Etc. The Agents, Issuing BankAdministrative Agent, the Lenders Secured Parties and the Borrower intend that the relationship between them shall be solely that of creditor and debtor. Nothing contained in this Financing Agreement, the Notes or in any of the other Financing Documents shall be deemed or construed to create a partnership, tenancy-in-common, joint tenancy, joint venture or co-ownership by or between or among the Agents, Issuing BankAdministrative Agent, the Lenders Secured Parties and the Borrower or any other Person. None of Neither the Agents, Issuing Bank or Administrative Agent nor the Lenders Secured Parties shall be in any way responsible or liable for the debts, losses, obligations or duties of Borrower, any Project Company the Borrower or any other Person with respect FINANCING AGREEMENT (XXXXX XX & V) to the Project or otherwise. All obligations to pay real property or other taxes, assessments, insurance premiums, and all other fees and charges arising from the ownership, operation or occupancy of the Project and to perform all obligations under other agreements and contracts relating to the Project shall be the sole responsibility of Borrower and the Project Companies, as applicableBorrower.
Appears in 1 contract