Common use of Waiver of Damages Clause in Contracts

Waiver of Damages. To the extent permitted by applicable law, Borrower and Lender shall not assert, and each hereby waives, any claim against the other, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the Loan or the use of the proceeds thereof.

Appears in 4 contracts

Samples: Revolving Subordinated Loan Agreement (Merchants Bancorp), Revolving Subordinated Loan Agreement (Merchants Bancorp), Revolving Subordinated Loan Agreement (Merchants Bancorp)

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Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower and Lender shall not assert, and each hereby waives, any claim against the otherany Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the Loan or the use of the proceeds thereof.actual

Appears in 4 contracts

Samples: Loan Agreement (Resaca Exploitation, Inc.), Loan Agreement (Resaca Exploitation, Inc.), Loan Agreement (Resaca Exploitation, Inc.)

Waiver of Damages. To the extent permitted by applicable law, Borrower and Lender shall not assert, and each hereby waives, any claim against the other, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, any Loan Document, the Loan or the use of the proceeds thereof.

Appears in 2 contracts

Samples: Loan Agreement (Merchants Bancorp), Loan Agreement (Merchants Bancorp)

Waiver of Damages. To the extent permitted by applicable law, the Borrower and Lender shall not assert, assert and each hereby waives, any claim against the otherany Indemnitee, on any theory of liability, for special, indirect, incidental, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement the Loan Documents or any agreement or instrument contemplated hereby, includingthe Transactions, without limitation, the any Loan or the use of the proceeds thereof.

Appears in 2 contracts

Samples: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.)

Waiver of Damages. To the extent permitted by applicable law, the Borrower and Lender shall not assert, and each hereby waives, any claim against the otherany Indemnitee, on any theory of liability, for special, indirect, incidental, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement the Loan Documents or any agreement or instrument contemplated hereby, includingthe Transactions, without limitation, the any Loan or Letter of Credit or the use of the proceeds thereof.

Appears in 2 contracts

Samples: Credit Agreement (IHS Markit Ltd.), Credit Agreement (IHS Markit Ltd.)

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Waiver of Damages. To the extent permitted by applicable law, the Borrower and Lender each Material Subsidiary shall not assert, and each hereby waives, any claim against the otherany Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitationany other Loan Document, the Transactions, any Loan or Letter of Credit or the use of the proceeds thereof.

Appears in 1 contract

Samples: Credit Agreement (Trinity Industries Inc)

Waiver of Damages. To the fullest extent permitted by applicable law, the Borrower and Lender shall not assert, and each hereby waives, any claim against the otherany Indemnitee, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement Agreement, any other Loan Document or any agreement or instrument contemplated hereby, includingthe transactions contemplated hereby or thereby, without limitation, the any Loan or the use of the proceeds thereof.proceeds

Appears in 1 contract

Samples: Term Loan Credit Agreement (PPL Electric Utilities Corp)

Waiver of Damages. To the extent permitted by applicable law, Borrower and Lender shall not assert, and each hereby waives, any claim against the other, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) arising out of, in connection with, or as a result of, this Agreement or any agreement or instrument contemplated hereby, including, without limitation, the Loan or the use of the proceeds thereof.. [Remainder of page intentionally blank; signatures on following page(s)]

Appears in 1 contract

Samples: Revolving Subordinated Loan Agreement (Stonegate Mortgage Corp)

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