Common use of Waiver of Consequential and Punitive Damages Clause in Contracts

Waiver of Consequential and Punitive Damages. Each of the Loan -------------------------------------------- Parties, the Agent and the Purchasers hereby waive to the fullest extent permitted by law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Purchase Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. In making this waiver, the Agent, the Purchasers and the Loan Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Agent or the Purchasers against any Loan Party and there shall be no claims for consequential or punitive damages made against the Agent or the Purchasers by any Loan Party. The Agent, the Purchasers and the Loan Parties acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.

Waiver of Consequential and Punitive Damages. Each of the Loan -------------------------------------------- PartiesThe Company, the Agent each Subsidiary Guarantor and the Purchasers each Holder hereby waive to the fullest extent permitted by law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Purchase Investment Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. In making this waiver, the Agenteach Holder, the Purchasers Company and the Loan Parties each Subsidiary Guarantor acknowledge and agree that there shall be no claims for consequential or punitive damages made by any Holder against the Agent or Company and the Purchasers against any Loan Party Subsidiary Guarantors and there shall be no claims for consequential or punitive damages made against the Agent Holders by the Company or the Purchasers by any Loan PartySubsidiary Guarantor. The AgentHolders, the Purchasers Company and the Loan Parties Subsidiary Guarantors acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.

Waiver of Consequential and Punitive Damages. Each of the Loan -------------------------------------------- Parties, the Agent Credit Parties and the Purchasers Holders hereby waive to the fullest extent permitted by law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Purchase Investment Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. In making this waiver, the Agent, the Purchasers Holders and the Loan Credit Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Agent or the Purchasers Holders against any Loan Credit Party and there shall be no claims for consequential or punitive damages made against the Agent or the Purchasers Holders by any Loan Credit Party. The Agent, the Purchasers Holders and the Loan Credit Parties acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.

Waiver of Consequential and Punitive Damages. Each of the Loan -------------------------------------------- Parties, the Agent Borrowers and the Purchasers Holders hereby waive to the fullest extent permitted by law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Purchase Investment Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. In making this waiver, the Agent, the Purchasers Holders and the Loan Parties Borrowers acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Agent or the Purchasers Holders against any Loan Party Borrower and there shall be no claims for consequential or punitive damages made against the Agent or the Purchasers Holders by any Loan PartyBorrower. The Agent, the Purchasers Holders and the Loan Parties Borrowers acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.. 45

Waiver of Consequential and Punitive Damages. Each of the Loan -------------------------------------------- Parties, the Agent and the Purchasers hereby waive to the fullest extent permitted by law all claims to consequential and punitive damages in any lawsuit or other legal action brought by any of them against any other of them in respect of any claim among or between any of them arising under this Agreement, the other Purchase Documents, or any other agreement or agreements between or among any of them at any time, including any such agreements, whether written or oral, made or alleged to have been made at any time prior to the Closing Date, and all agreements made hereafter or otherwise, and any and all claims arising under common law or under any statute of any state or the United States of America, including any thereof in contract, tort, strict liability or otherwise, whether any such claims be now existing or hereafter arising, now known or unknown. In making this waiver, the Agent, the Purchasers and the Loan Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Agent or the Purchasers against any Loan Party and there shall be no claims for consequential or punitive damages made against the Agent or the Purchasers by any Loan Party. The Agent, the Purchasers and the Loan Parties acknowledge and agree that this waiver of claims for consequential damages and punitive damages is a material element of the consideration for this Agreement.