Common use of Nonliability of Lender Clause in Contracts

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility to Borrower. The Lender undertakes no 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 the Lender shall not 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 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 Lender’s gross negligence or willful misconduct. The Lender shall not have any liability with respect to, and Borrower hereby waives, releases and agrees not to sxx for, any special, indirect or consequential damages suffered by Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 3 contracts

Samples: Loan Agreement (Delmarva Power & Light Co /De/), Loan Agreement (Potomac Electric Power Co), Assignment Agreement (Potomac Electric Power Co)

AutoNDA by SimpleDocs

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility to the Borrower. The Lender undertakes no 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 (a) it has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate and (b) the Lender shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender No Indemnified Party shall not have any liability with respect to, and the Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings Inc)

Nonliability of Lender. The relationship between the Borrower Boundless on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not no have any fiduciary responsibilities to Boundless. Lender does not undertake any responsibility to Borrower. The Lender undertakes no responsibility to Borrower Boundless to review or inform Borrower Boundless of any matter in connection with any phase of Borrower’s Boundless's business or operations. Borrower Boundless agrees that the Lender shall not have liability to Borrower Boundless (whether sounding in tort, contract or otherwise) for losses suffered by Borrower Boundless in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any liability with respect to, and Borrower Boundless hereby waives, releases and agrees not to sxx sue for, any special, indirect or consequential damages suffered by Borrower Bxxxdless in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Credit Agreement (Boundless Motor Sports Racing Inc)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility to Borrower. The Lender undertakes no responsibility to Borrower to review or inform Borrower of any matter in connection with any phase of Borrower’s 's business or operations. Borrower agrees that the Lender shall not 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 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any liability with respect to, and Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect or consequential damages suffered by Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Loan Agreement (Potomac Electric Power Co)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility responsibilities to the Borrower. The Lender undertakes no 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 the Lender shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the Lender. The Lender shall not have any no liability with respect to, and the Borrower hereby waives, releases and agrees not to sxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Revolving Loan Agreement (Acacia Diversified Holdings, Inc.)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility responsibilities to the Borrower. The Lender undertakes no 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 the Lender shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the Lender. The Lender shall not have any no liability with respect to, and the Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Acacia Automotive Inc)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any no fiduciary responsibility responsibilities to Borrower. The Lender undertakes no responsibility to any Borrower to review or inform any Borrower of any matter in connection with any phase of any Borrower’s business or operations. Borrower agrees that the Lender Lender, shall not have no liability to any Borrower (whether sounding in tort, contract or otherwise) for losses suffered by any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any no liability with respect to, and Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by any Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Credit Agreement (William Lyon Homes)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility to Borrower. The Lender undertakes no responsibility to Borrower to review or inform Borrower of any matter in connection with any phase of Borrower’s 's business or operations. Borrower agrees that the Lender shall not 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 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 Lender’s 's gross negligence or willful misconduct. .. The Lender shall not have any liability with respect to, and Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect or consequential damages suffered by Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Short Term Loan Agreement (Pepco Holdings Inc)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility to Borrower. The Lender undertakes no responsibility to any Borrower to review or inform any Borrower of any matter in connection with any phase of Borrower’s the Borrowers' or any of its Subsidiary's business or operations. Borrower agrees The Borrowers agree that the Lender shall not have liability to Borrower the Borrowers (whether sounding in tort, contract or otherwise) or any of their Subsidiaries for losses suffered by any Borrower in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the Loan Documents, or any act, omission or event occurring in connection therewiththerewith or otherwise, unless it is determined in a final non-appealable judgment by a court of competent jurisdiction that such losses resulted from the Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any no liability with respect to, and Borrower the Borrowers hereby waiveswaive, releases release and agrees agree not to sxx for, any special, indirect or consequential damages suffered by any Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Loan Agreement (Digital Cinema Destinations Corp.)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibilities to the Borrower. Lender does not undertake any responsibility to Borrower. The Lender undertakes no 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 the Lender shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any no liability with respect to, and the Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Credit Agreement (Cobiz Financial Inc)

AutoNDA by SimpleDocs

Nonliability of Lender. The relationship between the Borrower Borrowers on the one hand and the Lender Lender, on the other hand shall be solely that of borrower borrowers and lender. The Lender shall not have any fiduciary responsibility responsibilities to Borrowerthe Borrowers. The Lender undertakes no responsibility to Borrower the Borrowers to review or inform Borrower the Borrowers of any matter in connection with any phase of Borrower’s the Borrowers’ business or operations. Borrower agrees The Borrowers agree that the Lender shall not have liability to Borrower them (whether sounding in tort, contract or otherwise) for losses suffered by Borrower them in connection with, arising out of, or in any way related to, the transactions contemplated and the relationship established by the 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any no liability with respect to, and Borrower the Borrowers hereby waives, releases and agrees not to sxx xxx for, any special, indirect or consequential damages suffered by Borrower the Borrowers in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Credit Agreement (Bancinsurance Corp)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility to Borrower. The Lender undertakes no responsibility to Borrower to review or inform Borrower of any matter in connection with any phase of Borrower’s 's business or operations. Borrower agrees that the Lender shall not 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 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 Lender’s 's gross negligence or willful misconduct. The Lender shall not have any liability with respect to, and Borrower hereby waives, releases and agrees not to sxx forsue xxr, any special, indirect or consequential damages suffered by Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Short Term Loan Agreement (Pepco Holdings Inc)

Nonliability of Lender. The relationship between the Borrower on the one hand and ---------------------- the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any fiduciary responsibility responsibilities to the Borrower. The Lender undertakes no responsibility to the Borrower to review or inform the Borrower of any matter in connection with any phase of the Borrower’s 's business or operations. The Borrower agrees that the Lender shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the Lender. The Lender shall not have any liability with respect to, and the Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect or consequential damages suffered by the Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Credit Agreement (Nesco Inc/Ok)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any no fiduciary responsibility responsibilities to Borrower. The Lender undertakes no 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 the Lender Lender, shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any no liability with respect to, and Borrower hereby waives, releases and agrees not to sxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Secured Revolving Credit Loan Agreement (Owens Realty Mortgage, Inc.)

Nonliability of Lender. The relationship between the Borrower on the one hand and the Lender on the other hand shall be solely that of borrower and lender. The Lender shall not have any no fiduciary responsibility responsibilities to Borrower. The Lender undertakes no 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 the Lender Lender, shall not have no 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 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 Lender’s gross negligence or willful misconductmisconduct of the party from which recovery is sought. The Lender shall not have any no liability with respect to, and Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect indirect, consequential or consequential punitive damages suffered by Borrower in connection with, arising out of, or in any way related to the Loan Documents or the transactions contemplated thereby.

Appears in 1 contract

Samples: Credit Agreement (William Lyon Homes)

Time is Money Join Law Insider Premium to draft better contracts faster.