Common use of Not in Control Clause in Contracts

Not in Control. Nothing in any Loan Paper shall, or shall be deemed to (a) give Administrative Agent, any Agent, or any Facility B Lender the Right to exercise control over the assets (including real property), affairs, or management of any Consolidated Company, (b) preclude or interfere with compliance by any Consolidated Company with any 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 Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent, any Agent, or any Facility B Lender acquiesces in any non-compliance by any Consolidated Company with any Law or document, or that Administrative Agent, any Agent, or any Facility B 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. Neither the Administrative Agent nor any Facility B Lender has any fiduciary relationship with or fiduciary duty to Borrower or any Consolidated Company arising out of or in connection with the Loan Papers, and the relationship between the Administrative Agent and Facility B Lenders, on the one hand, and Borrower, on the other hand, in connection with the Loan Papers is solely that of debtor and creditor. The power of Facility B Agents and Lenders under the Loan Papers is limited to the Rights provided in the Loan Papers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by Facility B Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Paper shall, or shall be deemed to (a) give Administrative Agent, any Agent, or any Facility B A Lender the Right to exercise control over the assets (including real property), affairs, or management of any Consolidated Company, (b) preclude or interfere with compliance by any Consolidated Company with any 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 Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent, any Agent, or any Facility B A Lender acquiesces in any non-compliance by any Consolidated Company with any Law or document, or that Administrative Agent, any Agent, or any Facility B A 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. Neither the Administrative Agent nor any Facility B A Lender has any fiduciary relationship with or fiduciary duty to Borrower or any Consolidated Company arising out of or in connection with the Loan Papers, and the relationship between the Administrative Agent and Facility B A Lenders, on the one hand, and Borrower, on the other hand, in connection with the Loan Papers is solely that of debtor and creditor. The power of Facility B A Agents and Lenders under the Loan Papers is limited to the Rights provided in the Loan Papers, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by Facility B A Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Paper Document shall, or shall be -------------- deemed to (a) give Administrative Agent, any Agent, Agent or any Facility B Lender the Right to exercise control over the assets (including real property), affairs, or management of any Consolidated CompanyLoan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Consolidated Company Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Consolidated Company 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 Paper Document 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 B Lender acquiesces in any non-compliance by any Consolidated Company Loan Party or any Subsidiary thereof with any Law or document, or that Administrative Agent, any Agent, Agent or any Facility B Lender does not expect the Consolidated Companies 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. Neither The Agents and the Administrative Agent nor any Facility B Lender has any Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Consolidated Company Subsidiary thereof arising out of or in connection with the Loan PapersDocuments, and the relationship between the Administrative Agent Agents and Facility B the Lenders, on the one hand, and BorrowerLoan Parties and their Subsidiaries, on the other hand, in connection with the Loan Papers Documents is solely that of debtor and creditor. The power of Facility B the Agents and Lenders under the Loan Papers Documents is limited to the Rights provided in the Loan PapersDocuments, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by Facility B the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Paper Document shall, or shall be deemed to (a) give the Administrative Agent, any Agent, Agent or any Facility B Lender the Right to exercise control over the assets (including real property), affairs, or management of any Consolidated CompanyLoan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Consolidated Company Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Consolidated Company 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 Paper Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that the Administrative Agent, any Agent, Agent or any Facility B Lender acquiesces in any non-compliance by any Consolidated Company Loan Party or any Subsidiary thereof with any Law or document, or that the Administrative Agent, any Agent, Agent or any Facility B Lender does not expect the Consolidated Companies 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. Neither the The Administrative Agent nor any Facility B Lender has any and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Consolidated Company Subsidiary thereof arising out of or in connection with the Loan PapersDocuments, and the relationship between the Administrative Agent and Facility B the Lenders, on the one hand, and BorrowerLoan Parties and their Subsidiaries, on the other hand, in connection with the Loan Papers Documents is solely that of debtor and creditor. The power of Facility B Agents the Administrative Agent and Lenders under the Loan Papers Documents is limited to the Rights provided in the Loan PapersDocuments, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by Facility B Agents the Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Paper Document shall, or shall be deemed to (a) give Administrative Agent, any Agent, Agent or any Facility B Lender the Right to exercise control over the assets (including real property), affairs, or management of any Consolidated CompanyLoan Party or any Subsidiary thereof, (b) preclude or interfere with compliance by any Consolidated Company Loan Party or any Subsidiary thereof with any Law, or (c) require any act or omission by any Consolidated Company Loan Party or any Subsidiary thereof 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 Paper Document 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 B Lender acquiesces in any non-compliance by any Consolidated Company Loan Party or any Subsidiary thereof with any Law or document, or that Administrative Agent, any Agent, Agent or any Facility B Lender does not expect the Consolidated Companies 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. Neither The Agents and the Administrative Agent nor any Facility B Lender has any Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Consolidated Company Subsidiary thereof arising out of or in connection with the Loan PapersDocuments, and the relationship between the Administrative Agent Agents and Facility B the Lenders, on the one hand, and BorrowerLoan Parties and their Subsidiaries, on the other hand, in connection with the Loan Papers Documents is solely that of debtor and creditor. The power of Facility B the Agents and Lenders under the Loan Papers Documents is limited to the Rights provided in the Loan PapersDocuments, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by Facility B the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Paper Document shall, or shall be deemed to (a) give Administrative Agent, any Agent, Agent or any Facility B Lender the Right to exercise control over the assets (including real property), affairs, or management of any Consolidated CompanyBorrower or Guarantor, (b) preclude or interfere with compliance by any Consolidated Company Borrower or Guarantor thereof with any LawLaw (including Environmental Law or Environmental Requirements), or (c) require any act or omission by any Consolidated Company Borrower or Guarantor 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 Paper Document 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 B Lender acquiesces in any non-compliance by any Consolidated Company Borrower or Guarantor with any Law or document, or that Administrative Agent, any Agent, Agent or any Facility B Lender does not expect the Consolidated Companies Borrower or Guarantor to promptly, diligently, and continuously carry out all appropriate removal, remediation, restoration and termination activities required or appropriate in accordance with all Environmental LawsLaws and Environmental Requirements. Neither the The Administrative Agent nor any Facility B Lender has any and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Consolidated Company Guarantor arising out of or in connection with the Loan PapersDocuments, and the relationship between the Administrative Agent and Facility B the Lenders, on the one hand, and BorrowerBorrower or Guarantor, on the other hand, in connection with the Loan Papers Documents is solely that of debtor and creditor. The power of Facility B Agents the Administrative Agent and Lenders under the Loan Papers Documents is limited to the Rights provided in the Loan PapersDocuments, which Rights exist solely to assure payment and performance of the Obligation and may be exercised in a manner calculated by Facility B Agents the Administrative Agent and Lenders in their respective good faith business judgment.