No Consequential Damages, Etc. To the extent permitted by applicable law, each Secured Party agrees not to assert, and hereby waives, any claim against the Administrative Agent, the Security Agent or their respective directors, officers, agents or employees, on any theory of liability, for special, indirect, consequential or punitive damages (as opposed to direct or actual damages) or for lost profits or for non-availability of any general or specific indemnity intended to be provided by Sections 2.09, 2.10, 8.04 or otherwise, arising out of, in connection with, or as a result of, any Finance Document or the transactions contemplated by any thereof, any force majeure, or any event or act beyond the control of the Administrative Agent or the Security Agent.
Appears in 2 contracts
Sources: Senior Secured Reducing Revolving Credit Facility (Diamond S Shipping Group, Inc.), Senior Secured Term Loan Credit Facility (Diamond S Shipping Group, Inc.)