Common use of Relationships of Parties Clause in Contracts

Relationships of Parties. The relationship between the Bank each Company Subsidiary which becomes a party to this Agreement is limited to that of creditor/secured party, on the one hand, and borrower, on the other hand. The relationship between the Bank and the Company is limited to that of creditor/secured party, on the one hand, and contract obligor and parent of Company Subsidiaries, on the other hand. The provisions herein for compliance with financial covenants and delivery of financial statements are intended solely for the benefit of the Bank to protect its interests as lender in assuring performance of the obligations hereunder and thereunder, and nothing contained herein or therein shall be construed as permitting or obligating Bank to act as a financial or business advisor or consultant to the Company or a Company Subsidiary, as permitting or obligating the Bank to control the Company or a Company Subsidiary, or to conduct the Company's or to a Company Subsidiary's operations, as creating any joint venture, agency, fiduciary, trustee, or other relationship among the parties other than as explicitly and specifically stated herein. The Company and the Company Subsidiary acknowledge that they have had the opportunity to obtain the advice of experienced counsel of their own choosing in connection with the negotiation and execution of this Agreement and to obtain the advice of such counsel with respect to all matters contained herein. The Company and the Company Subsidiary further acknowledge that they are experienced with respect to financial and credit matters and has made their own independent decisions to execute and deliver this Agreement.

Relationships of Parties. The relationship between the Bank and each Company Subsidiary which becomes a party to this Agreement is limited to that of creditor/secured party, on the one hand, and borrower, on the other hand. The relationship between the Bank and the Company is limited to that of creditor/secured party, on the one hand, and contract obligor and parent of Company Subsidiaries, on the other hand. The provisions herein for compliance with financial covenants and delivery of financial statements are intended solely for the benefit of the Bank to protect its interests as lender in assuring performance of the obligations hereunder and thereunderunder the Notes, and nothing contained herein or therein shall be construed as permitting or obligating Bank to act as a financial or business advisor or consultant to the Company or a Company Subsidiary, or as permitting or obligating the Bank to control the Company or a Company Subsidiary, or to conduct the Company's or to a Company Subsidiary's operations, or as creating any joint venture, agency, fiduciary, trustee, or other relationship among the parties other than as explicitly and specifically stated herein. The Company and the each Company Subsidiary acknowledge that they have had the opportunity to obtain the advice of experienced counsel of their own choosing in connection with the negotiation and execution of this Agreement and the Notes and to obtain the advice of such counsel with respect to all matters contained hereinherein and therein. The Company and the Company Subsidiary further acknowledge that they are experienced with respect to financial and credit matters and has have made their own independent decisions to execute and deliver this Agreement.

Relationships of Parties. The relationship between the Bank and each Company Subsidiary which becomes a party to this Agreement is limited to that of creditor/secured party, on the one hand, and borrower, on the other hand. The relationship between the Bank and the Company is limited to that of creditor/secured party, on the one hand, and contract obligor and parent of Company Subsidiaries, on the other hand. The provisions herein for compliance with financial covenants and delivery of financial statements are intended solely for the benefit of the Bank to protect its interests as lender in assuring performance of the obligations hereunder and thereunderunder the Notes, and nothing contained herein or therein shall be construed as permitting or obligating Bank to act as a financial or business advisor or consultant to the Company or a Company Subsidiary, or as permitting or obligating the Bank to control the Company or a Company Subsidiary, or to conduct the Company's ’s or to a Company Subsidiary's ’s operations, as creating any joint venture, agency, fiduciary, trustee, or other relationship among the parties other than as explicitly and specifically stated herein. The Company and the each Company Subsidiary acknowledge that they have had the opportunity to obtain the advice of experienced counsel of their own choosing in connection with the negotiation and execution of this Agreement and the Notes and to obtain the advice of such counsel with respect to all matters contained hereinherein and therein. The Company and the Company Subsidiary further acknowledge that they are experienced with respect to financial and credit matters and has have made their own independent decisions to execute and deliver this Agreement.