Nonliability of the Lender. The relationship between Borrower on the one hand and the Lender and Agent on the other hand shall be solely that of borrower and lender. Neither Agent nor the Lender shall have any fiduciary responsibility to Borrower or any other Group Member. Neither Agent nor the Lender undertakes any responsibility to Borrower or any other Group Member to review or inform Borrower or any other Group Member of any matter in connection with any phase of Borrower’s or any other Group Member’s business or operations. Execution of this Agreement by Borrower constitutes a full, complete and irrevocable release of any and all claims which Borrower may have at law or in equity in respect of all prior discussions and understandings, oral or written, relating to the subject matter of this Agreement and the other Loan Documents. Neither Agent nor the Lender shall have any liability with respect to, and Borrower hereby waives, releases and agrees not to sxx for, any special, indirect, punitive or consequential damages or liabilities.
Appears in 3 contracts
Samples: Credit Agreement (Merus Labs International Inc.), Credit Agreement (Merus Labs International Inc.), Credit Agreement (Merus Labs International Inc.)
Nonliability of the Lender. The relationship between Borrower on the one hand and the Lender and Agent on the other hand shall be solely that of borrower and lender. Neither Agent nor the Lender shall have any fiduciary responsibility to Borrower or any other Group Member. Neither Agent nor the Lender undertakes any responsibility to Borrower or any other Group Member to review or inform Borrower or any other Group Member of any matter in connection with any phase of Borrower’s or any other Group Member’s business or operations. Execution of this Agreement by Borrower constitutes a full, complete and irrevocable release of any and all claims which Borrower may have at law or in equity in respect of all prior discussions and understandings, oral or written, relating to the subject matter of this Agreement and the other Loan Documents. Neither Agent nor the Lender shall have any liability with respect to, and Borrower hereby waives, releases and agrees not to sxx xxx for, any special, indirect, punitive or consequential damages or liabilities.
Appears in 2 contracts
Samples: Credit Agreement (PDL Biopharma, Inc.), Credit Agreement (PDL Biopharma, Inc.)