Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives all claims for punitive, exemplary or consequential damages.
Appears in 14 contracts
Samples: Loan Agreement (Nexpoint Diversified Real Estate Trust), Loan Agreement (NexPoint Real Estate Finance, Inc.), Loan Agreement
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and its Guarantors waive all claims for punitive, exemplary or consequential damages.
Appears in 7 contracts
Samples: Construction Loan Agreement (Hall of Fame Resort & Entertainment Co), Loan Agreement (Hall of Fame Resort & Entertainment Co), Loan Agreement (Hall of Fame Resort & Entertainment Co)
Waiver of Damages. In no event shall Agent or any Lender be liable to any Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Agent or any Lender of its obligations under this Agreement or any of the Loan Documents, and each Borrower waives for itself and Guarantor waive all claims for punitive, exemplary or consequential damages.
Appears in 5 contracts
Samples: Secured Loan Agreement, Secured Loan Agreement (Sentio Healthcare Properties Inc), Secured Loan Agreement (Sentio Healthcare Properties Inc)
Waiver of Damages. In no event shall Lender be liable to any Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives Borrowers waive all claims for punitive, exemplary or consequential damages.
Appears in 4 contracts
Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Grubb & Ellis Healthcare REIT II, Inc.), Loan Agreement (Emeritus Corp\wa\)
Waiver of Damages. In no event shall Lender be liable to any Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and each Borrower waives for itself and Guarantor waive all claims for punitive, exemplary or consequential damages.
Appears in 4 contracts
Samples: Secured Loan Agreement, Secured Loan Agreement (CNL Healthcare Trust, Inc.), Secured Loan Agreement (CNL Healthcare Trust, Inc.)
Waiver of Damages. In no event shall Lender or Agent be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender or Agent of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and its Guarantor waive all claims for punitive, exemplary or consequential damages.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Dupont Fabros Technology, Inc.)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower hereby waives all claims for punitive, exemplary or consequential damages.
Appears in 2 contracts
Samples: Loan Agreement (Origin Bancorp, Inc. Attn: Chase Anderson), Loan Agreement (ServisFirst Bancshares, Inc.)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower for itself and Guarantor waives all claims for punitive, exemplary or consequential damages.
Appears in 2 contracts
Samples: Construction Loan Agreement (Wellsford Real Properties Inc), Development Loan Agreement (Wellsford Real Properties Inc)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary exemplary, special, indirect, incidental or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower for itself and its Guarantor waives all claims for punitive, exemplary exemplary, special, indirect, incidental or consequential damages.
Appears in 2 contracts
Samples: Loan Agreement (Trade Street Residential, Inc.), Loan Agreement (Trade Street Residential, Inc.)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and its Guarantor waive all claims for punitive, exemplary or consequential damages.
Appears in 2 contracts
Samples: Loan Agreement (New England Realty Associates Limited Partnership), Loan Agreement (Glimcher Realty Trust)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and Guarantors waive all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Waiver of Damages. In no event shall Lender be liable to any Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and each Borrower for itself and Principal waives all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Hotel Loan Agreement (Ashford Hospitality Trust Inc)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitiveconsequential, punitive or exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower Borrower, for itself and Guarantor, waives all claims for punitiveconsequential, punitive or exemplary or consequential damages.
Appears in 1 contract
Samples: Construction Loan Agreement (Stratus Properties Inc)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower for itself and its Guarantor waives all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Construction Loan Agreement (Maui Land & Pineapple Co Inc)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary exemplary, special, indirect, incidental or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower for itself and its Guarantors waives all claims for punitive, exemplary exemplary, special, indirect, incidental or consequential damages.
Appears in 1 contract
Waiver of Damages. In no event shall Lender be liable to Borrower Borrowers for punitive, exemplary exemplary, special, indirect, incidental or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives Borrowers and Guarantor waive all claims for such punitive, exemplary exemplary, special, indirect, incidental or consequential damages.
Appears in 1 contract
Samples: Recognition and Attornment Agreement (Wells Mid-Horizon Value-Added Fund I LLC)
Waiver of Damages. In no event shall Lender Lenders or Agent be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by any Lender or Agent of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and Guarantors waive all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Construction Loan Agreement (Republic Property Trust)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and Guarantor waive all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower for itself and all Loan Parties waives all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself and its Guarantors waive all claims for punitive, exemplary or consequential damages, including without limitation lost profits.
Appears in 1 contract
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives all claims for punitive, exemplary or consequential damages.or
Appears in 1 contract
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower waives for itself, Completion Guarantor and its Guarantors waive all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Construction Loan Agreement (American Leisure Holdings, Inc.)
Waiver of Damages. In no event shall Lender be liable to Borrower Loan Parties for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and each Borrower for itself and Guarantors waives all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Secured Loan Agreement (Adcare Health Systems, Inc)
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Amended and Restated Loan Documents, and Borrower waives all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Credit and Security Agreement
Waiver of Damages. In no event shall Lender be liable to Borrower for punitive, exemplary or consequential damages, including, without limitation, lost profits, whatever the nature of a breach by Lender of its obligations under this Agreement or any of the Loan Documents, and Borrower for itself and all Loan Parties waives all claims for punitive, exemplary or consequential damages.. 10.21
Appears in 1 contract
Samples: And Security Agreement
