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 Company prior to foreclosure thereon, (b) preclude or interfere with compliance by any Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any 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 is included for the purposes of defining the agreement between the parties and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Company with any Law or document, or that any Agent or any Lender does not expect the 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 the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Company arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Borrower and the Companies, 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 Company prior to foreclosure thereonCompany, (b) preclude or interfere with compliance by any Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Company 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 the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Company with any Law or document, or that any Agent or any Lender does not expect the 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 the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents and the Lenders, on the one hand, and Borrower and the Companies, 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 any Agent Agent, LC Issuer, or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonConsolidated Company, (b) preclude or interfere with compliance by any Consolidated Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Consolidated Company 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 the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Agent Agent, LC Issuer, or any Lender acquiesces in any non-compliance by any Consolidated Company with any Law or document, or that any Agent Agent, LC Issuer, or any Lender does not expect the 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 None of the Agents, LC Issuer, or any Lenders have no any fiduciary relationship with or fiduciary duty to Borrower or any Consolidated Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents Agents, LC Issuer, and the Lenders, on the one hand, and Borrower and the CompaniesBorrower, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of the Agents Agents, LC Issuer, 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 Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonCompany, (b) preclude or interfere with compliance by any Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any 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 is included for the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Company with any Law or document, or that any Agent or any Lender does not expect the 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 the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Company arising out of or in connection with the Loan Documents, and the relationship between the Agents and the Lenders, on the one hand, and Borrower and the Companies, 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 Administrative Agent or any Lender the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonConsolidated Company, (b) preclude or interfere with compliance by any Consolidated Company with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any 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 the credit documentation purposes of defining the agreement between the parties 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 Consolidated Company with any Law or document, or that any Administrative Agent or any Lender does not expect the 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 Borrower or any 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 Borrower and the CompaniesBorrower, 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 in any Loan Document shall, or shall be deemed to (a) give any Administrative Agent or any Lender Holder the Right to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonBorrower, (b) preclude or interfere with compliance by any Company Borrower thereof with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Company Borrower 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 the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Administrative Agent or any Lender Holder acquiesces in any non-compliance by any Company Borrower with any Law or document, or that any Administrative Agent or any Lender Holder does not expect the Companies Borrowers 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 Holders have no fiduciary relationship with or fiduciary duty to any Borrower or any Company arising out of or in connection with the Loan Documents, and the relationship between the Agents Administrative Agent and the LendersHolders, on the one hand, and Borrower and the CompaniesBorrowers, 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 Holders 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 Holders 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 to exercise control over the assets (including real property), affairs, or management of any Company prior to foreclosure thereonLoan Party, (b) preclude or interfere with compliance by any Company Loan Party thereof with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Company Loan Party 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 the credit documentation purposes of defining the agreement between the parties 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 Company Loan Party with any Law or document, or that any Administrative Agent or any Lender does not expect the Companies Loan Parties 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 Borrower or any Company Loan Party 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 Borrower and the CompaniesLoan 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 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 Company prior to foreclosure thereonor Guarantor, (b) preclude or interfere with compliance by any Company or Guarantor with any Law (including, without limitation, any Environmental Law), or (c) require any act or omission by any Company or 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 the credit documentation purposes of defining the agreement between the parties only and shall not, and shall not be deemed to, mean that any Agent or any Lender acquiesces in any non-compliance by any Company or Guarantor with any Law or document, or that any Agent or any Lender does not expect the 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 and the Lenders have Lender has no fiduciary relationship with or fiduciary duty to Borrower or any Company or Guarantor arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Agents and the LendersLender, on the one hand, and Borrower the Companies and the CompaniesGuarantors, 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 Lender 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 Lender in their respective its good faith business judgment.