Role of Lender. Any term or condition hereof or of any of the other Operative Documents to the contrary notwithstanding, the Lender shall not have, and by its execution and acceptance of this Participation Agreement hereby expressly disclaims, any obligation or responsibility for the management, conduct or operation of the Improvements or business and affairs of the Lessee and any term or condition hereof, or of any of the other Operative Documents, permitting the Lender to disburse funds, whether from the proceeds of the Loans or otherwise, or to take or refrain from taking any action with respect to the Lessee or the Improvements shall be deemed to be solely for the benefit of the Lender and may not be relied upon by any other person. Further, the Lender shall not have, has not assumed and by its execution and acceptance of this Participation Agreement hereby expressly disclaims, any liability or responsibility for the payment or performance of any indebtedness or obligation of the Lessee or the Lessor and no term or condition hereof, or of any of the other Operative Documents, shall be construed otherwise.
Appears in 2 contracts
Samples: Participation Agreement (STB Systems Inc), Master Participation Agreement (Atria Communities Inc)
Role of Lender. Any term or condition hereof or of any of the other Operative Documents to the contrary notwithstanding, the Lender shall not have, and by its execution and acceptance of this Participation Agreement hereby expressly disclaims, any obligation or responsibility for the management, conduct or operation of the Improvements or business and affairs of the Lessee and any term or condition hereof, or of any of the other Operative Documents, permitting the Lender to disburse funds, whether from the proceeds of the Loans Loan or otherwise, or to take or refrain from taking any action with respect to the Lessee or the Improvements shall be deemed to be solely for the benefit of the Lender and may not be relied upon by any other person. Further, the Lender shall not have, has not assumed and by its execution and acceptance of this Participation Agreement hereby expressly disclaims, any liability or responsibility for the payment or performance of any indebtedness or obligation of the Lessee or the Lessor and no term or condition hereof, or of any of the other Operative Documents, shall be construed otherwise.
Appears in 2 contracts
Samples: Master Participation Agreement (Eagle Usa Airfreight Inc), Participation Agreement (Eagle Usa Airfreight Inc)