Common use of Not in Control Clause in Contracts

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative Agent or any Lender the right to exercise control over the assets (including real property), affairs, or management of Borrower or any Subsidiary, (b) preclude or interfere with compliance by Borrower or any Subsidiary with any Applicable Law, or (c) require any act or omission by Borrower or any Subsidiary that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent or any Lender acquiesces in any non-compliance by Borrower or any Subsidiary with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Subsidiary arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent and the Lenders, on the one hand, and Borrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Lenders under the Loan Documents is limited to the rights provided in the Loan Documents, which rights exist solely to assure payment and performance of the Obligations and may be exercised in a manner calculated by Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative any Agent or any Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower any Loan Party or any SubsidiarySubsidiary thereof, (b) preclude or interfere with compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by Borrower any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative any Agent or any Lender acquiesces in any non-compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent the Agents and the Lenders, on the one hand, and Borrower and its SubsidiariesLoan Parties, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent the Agents and the Lenders under the Loan Documents is limited to the rights Rights provided in the Loan Documents, which rights Rights exist solely to assure payment and performance of the Obligations Obligation and may be exercised in a manner calculated by Administrative Agent the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative Agent or any Lender the right to exercise control over the assets (including real property), affairs, or management of Borrower or any Subsidiary, (b) preclude or interfere with compliance by Borrower or any Subsidiary with any Applicable Law, or (c) require any act or omission by Borrower or any Subsidiary that may be harmful to Persons or property. Any "“Material Adverse Event" Effect” or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent or any Lender acquiesces in any non-compliance by Borrower or any Subsidiary with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Subsidiary arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent and the Lenders, on the one hand, and Borrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Lenders under the Loan Documents is limited to the rights provided in the Loan Documents, which rights exist solely to assure payment and performance of the Obligations and may be exercised in a manner calculated by Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative Agent or any Lender the right to exercise control over the assets (including real property), affairs, or management of Borrower or any Subsidiary, (b) preclude or interfere with compliance by Borrower or any Subsidiary with any Applicable Law, or (c) require any act or omission by Borrower or any Subsidiary that may be harmful to Persons or property. Any "“Material Adverse Event" Effect” or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent or any Lender acquiesces in any non-compliance by Borrower or any Subsidiary with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Subsidiary arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent and the Lenders, on the one hand, and Borrower and its Consolidated Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Lenders under the Loan Documents is limited to the rights provided in the Loan Documents, which rights exist solely to assure payment and performance of the Obligations and may be exercised in a manner calculated by Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative any Agent or any Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower any Loan Party or any SubsidiarySubsidiary thereof, (b) preclude or interfere with compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by Borrower any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative any Agent or any Lender acquiesces in any non-compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent the Agents and the Lenders, on the one hand, and Borrower and its SubsidiariesLoan Parties, on the other hand, in connection with the Loan Documents is NBPLP CREDIT AGREEMENT 37 solely that of debtor and creditor. The power of Administrative Agent the Agents and the Lenders under the Loan Documents is limited to the rights Rights provided in the Loan Documents, which rights Rights exist solely to assure payment and performance of the Obligations Obligation and may be exercised in a manner calculated by Administrative Agent the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative Agent or any Lender the right to exercise control over the assets (including real property), affairs, or management of Borrower or any Subsidiary, (b) preclude or interfere with compliance by Borrower or any Subsidiary with any Applicable Law, or (c) require any act or omission by Borrower or any Subsidiary that may be harmful to Persons or property. Any "Material Adverse EventEffect" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent or any Lender acquiesces in any non-compliance by Borrower or any Subsidiary with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Subsidiary arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent and the Lenders, on the one hand, and Borrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Lenders under the Loan Documents is limited to the rights provided in the Loan Documents, which rights exist solely to assure payment and performance of the Obligations and may be exercised in a manner calculated by Administrative Agent and Lenders in their respective good faith business judgment.SECOND AMENDED AND RESTATED CREDIT AGREEMENT

Not in Control. Nothing in any Loan Document shall, or shall be -------------- deemed to (a) give Administrative any Agent or any Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower any Loan Party or any SubsidiarySubsidiary thereof, (b) preclude or interfere with compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by Borrower any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative any Agent or any Lender acquiesces in any non-compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent the Agents and the Lenders, on the one hand, and Borrower Loan Parties and its their Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent the Agents and the Lenders under the Loan Documents is limited to the rights Rights provided in the Loan Documents, which rights Rights exist solely to assure payment and performance of the Obligations Obligation and may be exercised in a manner calculated by Administrative Agent the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give Administrative any Agent or any Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower any Loan Party or any SubsidiaryDCCLP prior to exercising Rights under the Collateral Documents, (b) preclude or interfere with compliance by Borrower any Loan Party or any Subsidiary DCCLP with any Applicable Law, or (c) require any act or omission by Borrower any Loan Party or any Subsidiary DCCLP that may be harmful to Persons or property. Any "Material Adverse EventMATERIAL ADVERSE EVENT" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative any Agent or any Lender acquiesces in any non-compliance by Borrower any Loan Party or any Subsidiary DCCLP with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary the Loan Parties and DCCLP to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Subsidiary DCCLP arising out of or in connection with the Loan DocumentsPapers, and the relationship between Administrative Agent Agents and the Lenders, on the one hand, and Borrower the Loan Parties and its SubsidiariesDCCLP, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of Administrative Agent the Agents and the Lenders under the Loan Documents Papers is limited to the rights Rights provided in the Loan DocumentsPapers, which rights Rights exist solely to assure payment and performance of the Obligations Obligation and may be exercised in a manner calculated by Administrative Agent the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative any Agent or any Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower any Loan Party or any SubsidiarySubsidiary thereof, (b) preclude or interfere with compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by Borrower any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative any Agent or any Lender acquiesces in any non-compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent the Agents and the Lenders, on the one hand, and Borrower Loan Parties and its their Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent the Agents and the Lenders under the Loan Documents is limited to the rights provided in the Loan Documents, which rights exist solely to assure payment and performance of the Obligations and may be exercised in a manner calculated by Administrative Agent the Agents and the Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative Agent or any Lender the right to exercise control over the assets (including real property), affairs, or management of Borrower or any Subsidiary, (b) preclude or interfere with compliance by Borrower or any Subsidiary with any Applicable Law, or (c) require any act or omission by Borrower or any Subsidiary that may be harmful to Persons or property. Any "“Material Adverse Event" Effect” or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent or any Lender acquiesces in any non-compliance by Borrower or any Subsidiary with any Applicable Law or document, or that any Administrative Agent or any Lender does not expect Borrower or any Subsidiary to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower or any Subsidiary arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent and the Lenders, on the one hand, and Borrower and its Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent and the Lenders under the Loan Documents is limited to the rights provided in the Loan Documents, which rights exist solely to assure payment and performance of the Obligations and may be exercised in a manner calculated by Administrative Agent and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document shall, or shall be deemed to (a) give Administrative any Agent or any Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower any Loan Party or any SubsidiarySubsidiary thereof, (b) preclude or interfere with compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law, or (c) require any act or omission by Borrower any Loan Party or any Subsidiary thereof that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative any Agent or any Lender acquiesces in any non-compliance by Borrower any Loan Party or any Subsidiary thereof with any Applicable Law or document, or that any Agent or any Lender does not expect Borrower or any Subsidiary the Loan Parties and their respective Subsidiaries to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Administrative Agent The Agents and the Lenders have no fiduciary relationship with or fiduciary duty to Borrower any Loan Party or any Subsidiary thereof arising out of or in connection with the Loan Documents, and the relationship between Administrative Agent the Agents and the Lenders, on the one hand, and Borrower Loan Parties and its their Subsidiaries, on the other hand, in connection with the Loan Documents is solely that of debtor and creditor. The power of Administrative Agent the Agents and the Lenders under the Loan Documents is limited to the rights Rights provided in the Loan Documents, which rights Rights exist solely to assure payment and performance of the Obligations Obligation and may be exercised in a manner calculated by Administrative Agent the Agents and Lenders in their respective good faith business judgment.

Not in Control. Nothing in any Loan Document Paper shall, or shall be deemed to (a) give Administrative Agent Agent, any Agent, or any Facility B Lender the right Right to exercise control over the assets (including real property), affairs, or management of Borrower or any SubsidiaryConsolidated Company, (b) preclude or interfere with compliance by Borrower or any Subsidiary Consolidated Company with any Applicable Law, or (c) require any act or omission by Borrower or any Subsidiary Consolidated Company that may be harmful to Persons or property. Any "Material Adverse Event" or other materiality qualifier in any representation, warranty, covenant, or other provision of any Loan Document Paper is included for credit documentation purposes only and shall not, and shall not be deemed to, mean that Administrative Agent Agent, any Agent, or any Facility B Lender acquiesces in any non-compliance by Borrower or any Subsidiary Consolidated Company with any Applicable Law or document, or that Administrative Agent, any Agent Agent, or any Facility B Lender does not expect Borrower or any Subsidiary the Consolidated Companies to promptly, diligently, and continuously carry out all appropriate removal, remediation, and termination activities required or appropriate in accordance with all Environmental Laws. Neither the Administrative Agent and the Lenders have no nor any Facility B Lender has any fiduciary relationship with or fiduciary duty to Borrower or any Subsidiary Consolidated Company arising out of or in connection with the Loan DocumentsPapers, and the relationship between the Administrative Agent and the Facility B Lenders, on the one hand, and Borrower and its SubsidiariesBorrower, on the other hand, in connection with the Loan Documents Papers is solely that of debtor and creditor. The power of Administrative Agent Facility B Agents and the Lenders under the Loan Documents Papers is limited to the rights Rights provided in the Loan DocumentsPapers, which rights Rights exist solely to assure payment and performance of the Obligations Obligation and may be exercised in a manner calculated by Administrative Agent Facility B Agents and Lenders in their respective good faith business judgment.