Common use of Nonliability of Banks Clause in Contracts

Nonliability of Banks. The relationship between Borrower on the one hand and the Banks and the Agent on the other hand shall be solely that of borrower and lender. Neither the Agent nor any Bank shall have any fiduciary responsibilities to Borrower. Neither the Agent nor any Bank undertakes any responsibility to Borrower to review or inform Borrower of any matter in connection with any phase of Borrower's business or operations. Borrower agrees that neither the Agent nor any Bank shall have liability to Borrower (whether sounding in tort, contract or otherwise) for losses suffered by Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Financing Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. Neither the Agent nor any Bank shall have any liability with respect to, and Borrower hereby waives, releases and agrees not to xxx for, any special, indirect, consequential or punitive damages suffered by Borrower in connection with, arising out of, or in any way related to the Financing Documents or the transactions contemplated thereby.

Nonliability of Banks. The relationship between the Borrower on the one hand and the Banks and the Agent on the other hand shall be solely that of borrower and lender. Neither the Agent nor any Bank shall have any fiduciary responsibilities to the Borrower. Neither the Agent nor any Bank undertakes any responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower's business or operations. The Borrower agrees that neither the Agent nor any Bank shall have liability to the Borrower (whether sounding in tort, contract or otherwise) for losses suffered by the Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Financing Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. Neither the Agent nor any Bank shall have any liability with respect to, and the Borrower hereby waives, releases and agrees not to xxx for, any special, indirect, indirect or consequential or punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Financing Loan Documents or the transactions contemplated thereby.. [Signature Pages Follow]

Nonliability of Banks. The relationship between Borrower the Company on the one hand and the Banks and the Agent on the other hand shall be solely that of borrower and lender. Neither the Agent Agent, the Arranger nor any Bank shall have any fiduciary responsibilities to Borrowerthe Company. Neither the Agent Agent, the Arranger nor any Bank undertakes any responsibility to Borrower the Company to review or inform Borrower the Company of any matter in connection with any phase of Borrowerthe Company's business or operations. Borrower The Company agrees that neither the Agent Agent, the Arranger nor any Bank shall have liability to Borrower the Company (whether sounding in tort, contract or otherwise) for losses suffered by Borrower the Company in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Financing Loan Documents, or any act, omission or event occurring in connection therewith, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the gross negligence or willful misconduct of the party from which recovery is sought. Neither the Agent Agent, the Arranger nor any Bank shall have any liability with respect to, and Borrower the Company hereby waives, releases and agrees not to xxx for, any special, indirect, indirect or consequential or punitive damages suffered by Borrower the Company in connection with, arising out of, or in any way related to the Financing Loan Documents or the transactions contemplated thereby.