Common use of Not in Control Clause in Contracts

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof with any Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Loan Parties, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents is limited to the Rights provided in the Loan Documents, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right right to exercise control over the assets (including real property), affairs, or management of any Loan Party Borrower or any Subsidiary thereofSubsidiary, (b) preclude or interfere with compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by any Loan Party Borrower or any Subsidiary thereof that may be harmful to Persons or property. Any "“Material Adverse Event" Effect” or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower and its Consolidated Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents Administrative Agent and Lenders under the Loan Documents is limited to the Rights rights provided in the Loan Documents, which Rights rights exist solely to assure payment and performance of the Obligation Obligations and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right right to exercise control over the assets (including real property), affairs, or management of any Loan Party Borrower or any Subsidiary thereofSubsidiary, (b) preclude or interfere with compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by any Loan Party Borrower or any Subsidiary thereof that may be harmful to Persons or property. Any "“Material Adverse Event" Effect” or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents Administrative Agent and Lenders under the Loan Documents is limited to the Rights rights provided in the Loan Documents, which Rights rights exist solely to assure payment and performance of the Obligation Obligations and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give Administrative Agent, any Agent Agent, or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereofConsolidated Company, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof Consolidated Company with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof Consolidated Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent, any Agent Agent, or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof Consolidated Company with any Law or document, or that Administrative Agent, any Agent Agent, or any Lender does not expect the Loan Parties and their respective Subsidiaries Consolidated Companies to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and Neither the Lenders have no Administrative Agent nor any Lender has any fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof Consolidated Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents Papers is limited to the Rights provided in the Loan DocumentsPapers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right right to exercise control over the assets (including real property), affairs, or management of any Loan Party Borrower or any Subsidiary thereofSubsidiary, (b) preclude or interfere with compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by any Loan Party Borrower or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Agents and Lenders under the Loan Documents is limited to the Rights rights provided in the Loan Documents, which Rights rights exist solely to assure payment and performance of the Obligation Obligations and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party Company or any Subsidiary thereofGuarantor, (b) preclude or interfere with compliance by any Loan Party Company or any Subsidiary thereof Guarantor with any Law, or (c) require any act or omission by any Loan Party Company or any Subsidiary thereof Guarantor that may be harmful to Persons or property. Any "Material Adverse EventMATERIAL ADVERSE EVENT" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party Company or any Subsidiary thereof Guarantor with any Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries Companies or Guarantors to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof Company or Guarantor arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower, the Companies, and Guarantors, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents Administrative Agent and Lenders under the Loan Documents Papers is limited to the Rights provided in the Loan DocumentsPapers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing Except with respect to the Letter of Credit Cash Collateral Account, nothing in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof with any Law or document, or that any Administrative Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan Parties, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents Administrative Agent and Lenders under the Loan Documents is limited to the Rights provided in the Loan Documents, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof with any Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Loan Parties, on the other hand, in connection with the Loan Documents is NBPLP CREDIT AGREEMENT 37 solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents is limited to the Rights provided in the Loan Documents, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right right to exercise control over the assets (including real property), affairs, or management of any Loan Party Borrower or any Subsidiary thereofSubsidiary, (b) preclude or interfere with compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by any Loan Party Borrower or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse EventEffect" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Agents and Lenders under the Loan Documents is limited to the Rights rights provided in the Loan Documents, which Rights rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof with any Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Loan PartiesParties and their Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents and the Lenders under the Loan Documents is limited to the Rights provided in the Loan Documents, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and the Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof with any Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Loan PartiesParties and their Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents is limited to the Rights provided in the Loan Documents, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give any Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereofDCCLP prior to exercising Rights under the Collateral Documents, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof DCCLP with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof DCCLP that may be harmful to Persons or property. Any "Material Adverse EventMATERIAL ADVERSE EVENT" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof DCCLP with any Law or document, or that any Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries DCCLP to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party or any Subsidiary thereof DCCLP arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents and the Lenders, on the one hand, and the Loan PartiesParties and DCCLP, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents and Lenders under the Loan Documents Papers is limited to the Rights provided in the Loan DocumentsPapers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give Administrative Agent, any Agent Agent, or any Facility A Lender the Right to exercise control over the assets (including real property), affairs, or management of any Loan Party or any Subsidiary thereofConsolidated Company, (b) preclude or interfere with compliance by any Loan Party or any Subsidiary thereof Consolidated Company with any Law, or (c) require any act or omission by any Loan Party or any Subsidiary thereof Consolidated Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent, any Agent Agent, or any Facility A Lender acquiesces in any non-compliance by any Loan Party or any Subsidiary thereof Consolidated Company with any Law or document, or that Administrative Agent, any Agent Agent, or any Facility A Lender does not expect the Loan Parties and their respective Subsidiaries Consolidated Companies to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents and Neither the Lenders have no Facility A Administrative Agent nor any Facility A Lender has any fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof Consolidated Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents Facility A Administrative Agent and the Facility Lenders, on the one hand, and Loan PartiesBorrower, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents Administrative Agent, Agents, and Lenders under the Loan Documents Papers is limited to the Rights provided in the Loan DocumentsPapers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by the Agents Administrative Agent, Agents, and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender the Right right to exercise control over the assets (including real property), affairs, or management of any Loan Party Borrower or any Subsidiary thereofSubsidiary, (b) preclude or interfere with compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by any Loan Party Borrower or any Subsidiary thereof that may be harmful to Persons or property. Any "“Material Adverse Event" Effect” or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender acquiesces in any non-compliance by any Loan Party Borrower or any Subsidiary thereof with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect the Loan Parties and their respective Subsidiaries Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. The Agents Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to any Loan Party Borrower or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the Lenders, on the one hand, and Loan PartiesBorrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Agents and Lenders under the Loan Documents is limited to the Rights rights provided in the Loan Documents, which Rights rights exist solely to assure payment and performance of the Obligation Obligations and may be exercised in a manner calculated by the Agents Administrative Agent and Lenders in their respective good faith business judgment.