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

Waiver of Consequential and Punitive Damages. Each of the Credit Parties and the 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 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 Holders and the Credit Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Holders against any Credit Party and there shall be no claims for consequential or punitive damages made against the Holders by any Credit Party. The Holders and the 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 Credit Parties The Company, each Subsidiary Guarantor and the Holders 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 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, each Holder, the Holders Company and the Credit Parties each Subsidiary Guarantor acknowledge and agree that there shall be no claims for consequential or punitive damages made by any Holder against the Holders against any Credit Party Company and the Subsidiary Guarantors and there shall be no claims for consequential or punitive damages made against the Holders by the Company or any Credit PartySubsidiary Guarantor. The Holders Holders, the Company and the Credit 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 Credit Parties Borrowers and the 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 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 Holders and the Credit Parties Borrowers acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Holders against any Credit Party Borrower and there shall be no claims for consequential or punitive damages made against the Holders by any Credit PartyBorrower. The Holders and the Credit 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 Credit Parties Loan Parties, the Agent and the Holders 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 Investment 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 Holders Agent, the Purchasers and the Credit Loan Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Holders Agent or the Purchasers against any Credit Loan Party and there shall be no claims for consequential or punitive damages made against the Holders Agent or the Purchasers by any Credit Loan Party. The Holders Agent, the Purchasers and the Credit 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 Credit Parties Loan -------------------------------------------- Parties, the Agent and the Holders 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 Investment 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 Holders Agent, the Purchasers and the Credit Loan Parties acknowledge and agree that there shall be no claims for consequential or punitive damages made by the Holders Agent or the Purchasers against any Credit Loan Party and there shall be no claims for consequential or punitive damages made against the Holders Agent or the Purchasers by any Credit Loan Party. The Holders Agent, the Purchasers and the Credit 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.