Common use of Certain Disclaimers Clause in Contracts

Certain Disclaimers. The Collateral Agent shall not be responsible to any Secured Creditor for: (a) the execution, delivery, effectiveness, genuineness, validity, enforceability or adequacy of this Agreement or any Security Document, (b) any recital, report, statement, document, certificate, warranty or representation made by or on behalf of any Person other than the Collateral Agent contained herein or therein or given or made in connection herewith or therewith, (c) the validity, enforceability, perfection, recordation, continued perfection or recordation, priority, adequacy or value, now or at any time in the future, of any security purported to be afforded hereby or by any of the Security Documents or (d) insuring the Collateral or paying any taxes, charges or assessments or discharging Liens on any Collateral. The Collateral Agent shall be under no obligation to any Secured Creditor to ascertain, inquire or give any notice relating to (x) the performance or observance by any Credit Party or any other Person of the terms or conditions of this Agreement, any Security Document or any Loan Document, (y) the business, operations or condition (financial or otherwise) of any Credit Party or any other Person or (z) the existence or possible existence of default or event of default under any Security Document or other Loan Document. The Collateral Agent shall not be deemed to have any knowledge or notice of the occurrence of any event of default under any Security Document or other Loan Document unless the Collateral Agent has received notice from a Credit Party or Secured Creditor referring to this Agreement, describing such event of default, and stating that such notice is a “notice of default.”

Appears in 3 contracts

Samples: Intercreditor Agreement, Intercreditor and Collateral Agency Agreement (Stonemor Partners Lp), Intercreditor and Collateral Agency Agreement (Stonemor Partners Lp)

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Certain Disclaimers. The Collateral Agent shall not be responsible to any Secured Creditor Party for: (a) the execution, delivery, effectiveness, genuineness, validity, enforceability or adequacy of this Agreement or any other Security Document, (b) any recital, report, statement, document, certificate, warranty or representation made by or on behalf of any Person other than the Collateral Agent contained herein or therein or given or made in connection herewith or therewith, (c) the validity, enforceability, perfection, recordation, continued perfection or recordation, priority, adequacy or value, now or at any time in the future, of any security purported to be afforded hereby or by any of the other Security Documents or (d) insuring the Joint Stock Collateral or paying any taxes, charges or assessments or discharging Liens on any Joint Stock Collateral. The Collateral Agent shall be under no obligation to any Secured Creditor Party to ascertain, inquire or give any notice relating to (x) the performance or observance by any Credit Party Grantor or any other Person of the terms or conditions of this Agreement, any other Security Document or any Loan other Senior Credit Document, (y) the business, operations or condition (financial or otherwise) of any Credit Party Grantor or any other Person or (z) the existence or possible existence of default an Event of Default or event of default under any Security Document or other Loan DocumentPotential Default (as such terms are defined in the SLF Documents and in the Credit Agreement). The Collateral Agent shall not be deemed to have any knowledge or notice of the occurrence of any event such Event of default under any Security Document or other Loan Document Default unless the Collateral Agent has received notice from a Credit Party the Synthetic Lease Facility Agent or Secured Creditor the Revolver Agent referring to this Agreement, describing such event Event of defaultDefault, and stating that such notice is a "notice of default."

Appears in 1 contract

Samples: Credit Agreement (Genesis Health Ventures Inc /Pa)

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