Acknowledgments. Each Grantor hereby acknowledges that: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party; (b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 79 contracts
Sources: Pledge and Security Agreement (Acuren Corp), Guarantee and Collateral Agreement, Term Loan Credit Agreement
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party Creditor has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesCreditors, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Creditors or among the Grantors and the Secured PartiesCreditors.
Appears in 10 contracts
Sources: Guarantee and Collateral Agreement (CareView Communications Inc), Security Agreement (Avinger Inc), Security Agreement (Avinger Inc)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Credit Documents to which it is a party;
(b) no Secured Party neither the Administrative Agent, the Letter of Credit Issuer nor any Lender, in such capacity, has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Credit Documents, and the relationship between the Grantors, on the one hand, and the Administrative Agent and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Credit Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 4 contracts
Sources: Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.), Guarantee and Collateral Agreement (Air Transport Services Group, Inc.)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Collateral Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Collateral Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Collateral Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 3 contracts
Sources: Collateral Agreement (Sirius Xm Radio Inc.), Collateral Agreement (Xm Satellite Radio Holdings Inc), Collateral Agreement (Sirius Xm Radio Inc.)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party neither the Security Agent nor any Lender has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesSecurity Agent and Lenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Lenders or among the Grantors and the Secured PartiesLenders.
Appears in 2 contracts
Sources: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/)
Acknowledgments. Each The Grantor hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
; (b) the Bank has no Secured Party has any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsGrantor, on the one hand, and the Secured PartiesBank, on the other hand, in connection herewith or therewith is solely that of debtor borrower and creditorlender; and
and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among between the Secured Parties or among the Grantors Grantor and the Secured PartiesBank.
Appears in 2 contracts
Sources: Security Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has the Lender does not have any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesLender, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured PartiesLender.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (Circuit Research Labs Inc), Guarantee and Collateral Agreement (Harman International Industries Inc /De/)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Note Documents to which it is a party;
(b) no none of the Note Collateral Agent or any other Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Note Documents, and the relationship between the Grantors, on the one hand, and the Note Collateral Agent and the other Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Note Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors Guarantors and the Secured Parties.
Appears in 2 contracts
Sources: Collateral Agreement (Unistrut International Holdings, LLC), Collateral Agreement (Unistrut International Holdings, LLC)
Acknowledgments. Each Grantor hereby acknowledges that:
(aA) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(bB) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(cC) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 2 contracts
Sources: Credit Agreement (Healthequity, Inc.), Bridge Facility Agreement (Post Holdings, Inc.)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Note Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Note Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Note Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 2 contracts
Sources: Indenture (Marti Technologies, Inc.), Pledge and Security Agreement (Marti Technologies, Inc.)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has the Lender does not have any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesLender, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Lender or among the Grantors and the Secured PartiesLender.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Frontline Capital Group)
Acknowledgments. Each Grantor of the Grantors hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no partnership or joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (HollyFrontier Corp)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Agent or Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Agents and Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Alliance Laundry Corp)
Acknowledgments. Each The Grantor hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
; (b) the Lender has no Secured Party has any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsGrantor, on the one hand, and the Secured PartiesLender, on the other hand, in connection herewith or therewith is solely that of debtor guarantor and creditorlender; and
and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among between the Secured Parties or among the Grantors Grantor and the Secured Parties.Lender. 8.14
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party neither the Security Agent nor the Lender has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesSecurity Agent and Lender, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Lender or among the Grantors and the Secured PartiesLender.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Binc Acquisition Corp)
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Notes Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Notes Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Notes Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 1 contract
Acknowledgments. Each Domestic Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Domestic Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Domestic Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Domestic Grantors and the Secured Parties.
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a partyDocuments;
(b) no neither the Administrative Agent nor any other Secured Party has any fiduciary relationship with or duty to any Grantor the Grantors arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsAdministrative Agent and other Secured Parties, on the one hand, and the Secured PartiesGrantors, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 1 contract
Sources: Master Security Agreement (Service Merchandise Co Inc)
Acknowledgments. Each Grantor hereby acknowledges and agrees that:
(a1) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party, and this Agreement shall be construed as if jointly drafted by the parties hereto;
(b2) no the Secured Party has any no fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesParty, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c3) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured PartiesParty.
Appears in 1 contract
Acknowledgments. Each The Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) the Lender has no Secured Party has any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsGrantor, on the one hand, and the Secured PartiesLender, on the other hand, in connection herewith or therewith is solely that of debtor guarantor and creditorlender; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among between the Secured Parties or among the Grantors Grantor and the Secured PartiesLender.
Appears in 1 contract
Sources: Guarantee and Security Agreement (UFood Restaurant Group, Inc.)
Acknowledgments. Each The Grantor hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
; (b) the Agents have no Secured Party has any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsGrantor, on the one hand, and the Secured PartiesAgents, on the other hand, in connection herewith or therewith is solely that of debtor borrower and creditorlenders; and
and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among between the Secured Parties or among the Grantors Grantor and the Secured PartiesAgents.
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a partyDocuments;
(b) no Secured Party neither the Collateral Agent nor any Lender has any fiduciary relationship with or duty to any Grantor Loan Party arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsCollateral Agent and Lenders, on the one hand, and the Secured Loan Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Lenders or among the Grantors Loan Parties and the Secured PartiesLenders.
Appears in 1 contract
Sources: Collateral Agreement (Loral Space & Communications LTD)
Acknowledgments. Each The Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsGrantor, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors Grantor and the Secured Parties.
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a1) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b2) no Secured Party neither the Security Agent nor any Lender has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesSecurity Agent and Lenders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c3) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Lenders or among the Grantors and the Secured PartiesLenders.
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has any fiduciary relationship with or duty to any Grantor Loan Party arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsLoan Parties, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors Loan Parties and the Secured Parties.
Appears in 1 contract
Sources: Second Lien Guarantee and Collateral Agreement (Edgen Murray LTD)
Acknowledgments. Each Grantor hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Security Agreement and the other Loan Documents to which it is a party;
; (b) no Secured Party has the Lender, does not have any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Security Agreement or of any of the other Loan Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, Lender on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
and (c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Partieshereby.
Appears in 1 contract
Sources: Security Agreement (Healthcomp Evaluation Services Corp)
Acknowledgments. Each Grantor hereby acknowledges that:
: (a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Secured Debt Documents to which it is a party;
; (b) no Secured Party has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Secured Debt Documents, and the relationship between the Grantors, on the one hand, and the Secured Parties, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
and (c) no joint venture is created hereby or by any other document under the other Loan Documents Existing Indenture or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties or among the Grantors and the Secured Parties.
Appears in 1 contract
Sources: Pledge and Security Agreement (Par Pacific Holdings, Inc.)
Acknowledgments. Each The Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Documents to which it is a party;
(b) no Secured Party has the Lender does not have any fiduciary relationship with or duty to any the Grantor arising out of or in connection with this Agreement or any of the other Loan Documents, and the relationship between the GrantorsGrantor, on the one hand, and the Secured PartiesLender, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Documents or otherwise exists by virtue of the transactions contemplated hereby among by the Secured Parties Lender or among between the Grantors Grantor and the Secured PartiesLender.
Appears in 1 contract
Acknowledgments. Each Grantor hereby acknowledges that:
(a) it has been advised by counsel in the negotiation, execution and delivery of this Agreement and the other Loan Specified Documents to which it is a party;
(b) no Secured Party neither the Collateral Agent nor any Holder has any fiduciary relationship with or duty to any Grantor arising out of or in connection with this Agreement or any of the other Loan Specified Documents, and the relationship between the Grantors, on the one hand, and the Secured PartiesCollateral Agent and Holders, on the other hand, in connection herewith or therewith is solely that of debtor and creditor; and
(c) no joint venture is created hereby or by the other Loan Specified Documents or otherwise exists by virtue of the transactions contemplated hereby among the Secured Parties Holders or among the Grantors and the Secured PartiesHolders.
Appears in 1 contract