Common use of Solely Creditor and Debtor Clause in Contracts

Solely Creditor and Debtor. The relationship between Lender and Borrower shall be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement shall create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement shall constitute Lender as a joint venturer, partner, or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations, or contracts of Borrower. No Third Party Beneficiaries. No creditor of any party to this Loan Agreement and no other Person shall be a third party beneficiary of this Loan Agreement or any other Loan Document or any account created or contemplated under this Loan Agreement or any other Loan Document. Nothing contained in this Loan Agreement shall be deemed or construed to create an obligation on the part of Lender to any third party and no third party shall have a right to enforce against Lender any right that Borrower may have under this Loan Agreement. Without limiting the foregoing: any Servicing Arrangement between Lender and any Loan Servicer shall constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness; Borrower shall not be a third party beneficiary of any Servicing Arrangement; and no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Appears in 3 contracts

Samples: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement

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Solely Creditor and Debtor. The relationship between Lender and Borrower shall be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement shall create any other relationship between Lender and Borrower, nor between Lender and Property Operator. Nothing contained in this Loan Agreement shall constitute Lender as a joint venturer, partner, or agent of BorrowerBorrower or Property Operator, or render Lender liable for any debts, obligations, acts, omissions, representations, or contracts of BorrowerBorrower or Property Operator. No Third Party Beneficiaries. No creditor of any party to this Loan Agreement and no other Person shall be a third party beneficiary of this Loan Agreement or any other Loan Document or any account created or contemplated under this Loan Agreement or any other Loan Document. Nothing contained in this Loan Agreement shall be deemed or construed to create an obligation on the part of Lender to any third party and no third party shall have a right to enforce against Lender any right that Borrower may have under this Loan Agreement. Without limiting the foregoing: any Servicing Arrangement between Lender and any Loan Servicer shall constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness; Borrower shall not be a third party beneficiary of any Servicing Arrangement; and no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

Solely Creditor and Debtor. The relationship between Lender Lender, Borrower, and Borrower IDOT Guarantor shall be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement shall create any other relationship between Lender Lender, Borrower, and BorrowerIDOT Guarantor. Nothing contained in this Loan Agreement shall constitute Lender as a joint venturer, partner, or agent of BorrowerBorrower or IDOT Guarantor, or render Lender liable for any debts, obligations, acts, omissions, representations, or contracts of BorrowerBorrower or IDOT Guarantor. No Third Party Beneficiaries. No creditor of any party to this Loan Agreement and no other Person shall be a third party beneficiary of this Loan Agreement or any other Loan Document or any account created or contemplated under this Loan Agreement or any other Loan Document. Nothing contained in this Loan Agreement shall be deemed or construed to create an obligation on the part of Lender to any third party and no nor shall any third party shall have a right to enforce against Lender any right that Borrower any Obligor may have under this Loan Agreement. Without limiting the foregoing: any Servicing Arrangement between Lender and any Loan Servicer shall constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the IndebtednessIndebtedness and of IDOT Guarantor for the satisfaction of its obligations under the IDOT Guaranty; Borrower no Obligor shall not be a third party beneficiary of any Servicing Arrangement; and no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

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Solely Creditor and Debtor. The relationship between Lender Xxxxxx and Borrower Xxxxxxxx shall be solely that of creditor and debtor, respectively, and nothing contained in this Loan Agreement shall create any other relationship between Lender and Borrower. Nothing contained in this Loan Agreement shall constitute Lender as a joint venturer, partner, or agent of Borrower, or render Lender liable for any debts, obligations, acts, omissions, representations, or contracts of Borrower. No Third Party Beneficiaries. No creditor of any party to this Loan Agreement and no other Person shall be a third party beneficiary of this Loan Agreement or any other Loan Document or any account created or contemplated under this Loan Agreement or any other Loan Document. Nothing contained in this Loan Agreement shall be deemed or construed to create an obligation on the part of Lender to any third party and no third party shall have a right to enforce against Lender any right that Borrower may have under this Loan Agreement. Without limiting the foregoing: any Servicing Arrangement between Lender and any Loan Servicer shall constitute a contractual obligation of such Loan Servicer that is independent of the obligation of Borrower for the payment of the Indebtedness; Borrower shall not be a third party beneficiary of any Servicing Arrangement; and no payment by the Loan Servicer under any Servicing Arrangement will reduce the amount of the Indebtedness.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement

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