Common use of Relationship of Parties; No Third Parties Benefited Clause in Contracts

Relationship of Parties; No Third Parties Benefited. The relationship between Lender and Borrower shall be solely that of creditor and debtor, respectively, and nothing contained in this Agreement shall create any other relationship between Lender and Borrower. No creditor of any party to this Agreement and no other person shall be a third party beneficiary of this Agreement or any other Loan Document. Without limiting the generality of the preceding sentence, (i) an agreement, if any, including any Servicing Agreement, between Lender and Servicer for interim advancement of funds shall constitute a contractual obligation of such Servicer that is independent of the obligation of Borrower for the payment of the Loan, (ii) Borrower shall not be a third party beneficiary of any Servicing Agreement, and (iii) no payment by Servicer under any such agreement will reduce the outstanding principal amount of the Loan or any interest accrued thereon.

Appears in 8 contracts

Samples: Credit Agreement (Steadfast Apartment REIT, Inc.), Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Behringer Harvard Multifamily Reit I Inc)

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Relationship of Parties; No Third Parties Benefited. The relationship between Lender and Borrower shall be solely that of creditor and debtor, respectively, and nothing contained in this Agreement shall create any other relationship between Lender and Borrower. No creditor of any party to this Agreement and no other person shall be a third party beneficiary of this Agreement or any other Loan Document. Without limiting the generality of the preceding sentence, (i1) an any agreement, if any, including any Servicing Agreement, between Lender and Servicer for loss sharing or interim advancement of funds shall constitute a contractual obligation of such Servicer that is independent of the obligation of Borrower for the payment of the Loan, (ii2) Borrower shall not be a third party beneficiary of any Servicing Agreement, and (iii3) no payment by Servicer under any such agreement will reduce the outstanding principal amount of the Loan or any interest accrued thereon.

Appears in 1 contract

Samples: Credit Agreement (Smith Charles E Residential Realty Lp)

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