Common use of Actions by the Collateral Agent Clause in Contracts

Actions by the Collateral Agent. Each Secured Creditor acknowledges that (a) such Secured Creditor has performed and shall continue to perform its own credit analysis of the Grantors, and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into this Agreement and the other Secured Creditor Documents, (b) such Secured Creditor has reviewed and approved the form and substance of each of the Secured Creditor Documents, including any U.C.C. financing statements filed in connection with any of the Secured Creditor Documents, and (c) the Collateral Agent, by executing this Agreement, has not nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to (i) the due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or as to the financial condition or creditworthiness of Company or any other Grantor, or the collectability of the Obligations, or (ii) the validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Collateral, or the filing or recording, or taking of any other action with respect to the Collateral. Although the Collateral Agent shall endeavor to exercise the same care in administering the Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by any Grantor). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.

Actions by the Collateral Agent. Each Secured Creditor Bank acknowledges that (a) such Secured Creditor Bank has performed and shall will continue to perform its own credit analysis of the Grantors, Borrower and each other Company and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into the provisions of this Agreement Article 9A and the other Secured Creditor Collateral Documents, (b) such Secured Creditor Bank has reviewed and approved the form and substance of each of the Secured Creditor Collateral Documents, including any U.C.C. UCC financing statements filed in connection with any of the Secured Creditor Collateral Documents, and (c) the Collateral Agent, by executing this Agreement, has not not, nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) the due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or any of the Intercreditor Provisions or as to the financial condition or creditworthiness of Company Borrower or any other GrantorCompany, or the collectability of the Obligations, or (ii) the validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Collateral, or the filing filing, or recording, or taking of any other action actions with respect to the Collateral. Although the Collateral Agent shall will endeavor to exercise the same care in administering the Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine genuine, and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by any GrantorBorrower). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.

Actions by the Collateral Agent. Each Secured Creditor Lender acknowledges that (a) such Secured Creditor Lender has performed and shall will continue to perform its own credit analysis of the GrantorsBorrower and each other Company, and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into this Agreement and the other Secured Creditor Collateral Documents, (b) such Secured Creditor Lender has reviewed and approved the form and substance of each of the Secured Creditor Collateral Documents, including any U.C.C. UCC financing statements filed in connection with any of the Secured Creditor Collateral Documents, and (c) the Collateral Agent, by executing this Agreement, has not not, nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) the due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or as to the financial condition or creditworthiness of Company Borrower or any other GrantorCompany, or the collectability of the Obligations, or (ii) the validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Collateral, or the filing or recording, or taking of any other action with respect to the Collateral. Although the Collateral Agent shall will endeavor to exercise the same care in administering the Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by any GrantorBorrower). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.

Actions by the Collateral Agent. Each Secured Creditor acknowledges that (a) such Secured Creditor has performed and shall continue to perform its own credit analysis of the GrantorsCompanies, and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into this Agreement and the other Secured Creditor Collateral Documents, (b) such Secured Creditor has reviewed and approved the form and substance of each of the Secured Creditor Collateral Documents, including any U.C.C. financing statements filed in connection with any of the Secured Creditor Collateral Documents, and (c) the Collateral Agent, by executing this Agreement, has not nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) the due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or as to the financial condition or creditworthiness of Company Borrower or any other GrantorCompany, or the collectability of the Obligations, or (ii) the validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Creditor Collateral, or the filing or recording, or taking of any other action with respect to the Creditor Collateral. Although the Collateral Agent shall endeavor to exercise the same care in administering the Creditor Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by any GrantorCompany). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.