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 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 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 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 waives for itself and Guarantor waive all claims for punitive, exemplary or consequential damages.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Brookdale Senior Living 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 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 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 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)