Standard of Care; Limitation of Damages. Lenders and Agent shall be liable to Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's or Agent's gross negligence or reckless or willful misconduct, and liability for all other matters is hereby waived. Lenders and Agent shall not in any event be liable to Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Appears in 3 contracts
Samples: Loan Agreement (Response Oncology Inc), Loan Agreement (Seafield Capital Corp), Loan Agreement (Response Oncology Inc)
Standard of Care; Limitation of Damages. Lenders and Agent shall be liable to Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's or Agent's gross negligence or reckless or willful misconduct, AND NOT FOR MATTERS ARISING FROM THEIR ORDINARY NEGLIGENCE, and liability for all other matters is hereby waived. Lenders and Agent shall not in any event be liable to Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Appears in 2 contracts
Samples: Loan Agreement (Physicians Resource Group Inc), Loan Agreement (Physicians Resource Group Inc)
Standard of Care; Limitation of Damages. Lenders and Agent shall be liable to Borrower Obligors only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's or Agent's Lenders' gross negligence or reckless or willful wilful misconduct, and liability for all other matters is hereby waived. Lenders and Agent shall not in any event be liable to Borrower Obligors for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Appears in 2 contracts
Samples: Loan Agreement (Dynagen Inc), Loan Agreement (Sb Merger Corp)
Standard of Care; Limitation of Damages. Lenders and Agent shall be liable to Borrower only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's or Agent's gross negligence or reckless or willful misconduct, and not for matters arising from their ordinary negligence, and liability for all other matters is hereby waived. Lenders and Agent shall not in any event be liable to Borrower for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Appears in 1 contract
Standard of Care; Limitation of Damages. Lenders and Agent shall be liable to Borrower Borrowers only for matters arising from this Agreement or otherwise related to the Obligations resulting from such Lender's ’s or Agent's ’s gross negligence or reckless or willful misconduct, and liability for all other matters is hereby waived. Lenders and Agent shall not in any event be liable to Borrower Borrowers for special or consequential damages arising from this Agreement or otherwise related to the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Alfa Corp)
