Common use of Credit Analysis Clause in Contracts

Credit Analysis. Each Lender has made, and shall continue to make, its own independent investigation or evaluation of the operations, business, property and condition, financial and otherwise, of the Loan Parties in connection with the making of its commitments hereunder and has made, and will continue to make, its own independent appraisal of the creditworthiness of the Loan Parties. Without limiting the generality of the foregoing, each Lender acknowledges that prior to the execution of this Agreement, it had this Agreement and all other Loan Documents and such other documents or matters as it deemed appropriate relating thereto reviewed by its own legal counsel as it deemed appropriate, and it is satisfied with the form and substance of this Agreement and all other Loan Documents. Each Lender agrees and acknowledges that neither the Administrative Agent nor any of its directors, officers, attorneys or employees makes any representation or warranties about the creditworthiness of the Loan Parties or with respect to the due execution, legality, validity, genuineness, effectiveness, sufficiency or enforceability of this Agreement or any other Loan Documents, or the validity, genuineness, execution, perfection or priority of Liens created or reaffirmed by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any Collateral or other security. Except as explicitly provided herein, neither the Administrative Agent nor any Lender has any duty or responsibility, either initially or on a continuing basis, to provide any other Lender with any credit or other information with respect to such operations, business, property, condition or creditworthiness, whether such information comes into its possession on or before a Default or an Event of Default or at any time thereafter.

Credit Analysis. Each Lender Bank has made, and shall continue to make, its own independent investigation or evaluation of the operations, business, property and condition, financial and otherwise, of the Loan Parties Borrower in connection with the making of its commitments hereunder and has made, and will continue to make, its own independent appraisal of the creditworthiness of the Loan PartiesBorrower. Without limiting the generality of the foregoing, each Lender Bank acknowledges that prior to the execution of this Agreement, it had this Agreement and all other Loan Documents and such other documents or matters as it deemed appropriate relating thereto reviewed by its own legal counsel as it deemed appropriate, and it is satisfied with the form and substance of this Agreement and all other Loan Documents. Each Lender Bank agrees and acknowledges that neither the Administrative Agent Bank nor any of its directors, officers, attorneys or employees makes any representation representations or warranties about the creditworthiness of the Loan Parties Borrower or with respect to the due execution, legality, validity, genuineness, effectiveness, sufficiency or enforceability of this Agreement or any other Loan Documents, or the validity, genuineness, execution, perfection or priority of Liens created or reaffirmed by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any Collateral or other security. Except as explicitly provided herein, neither the Administrative Agent Bank nor any Lender Bank has any duty or responsibility, either initially or on a continuing basis, to provide any other Lender Bank with any credit or other information with respect to such the operations, business, property, condition or creditworthinesscreditworthiness of the Borrower or any other Loan Party, whether such information comes into its possession on or before a Default or an Event of Default or at any time thereafter; provided, however, that the Administrative Bank agrees that it will promptly provide each Bank with copies of the financial statements, other financial reports and notices received by the Administrative Bank pursuant to Section 8.1 and, at the request of a Bank, a copy of any Collateral audit performed by the Administrative Bank; provided further, however, that neither the Administrative Bank nor any of its employees, officers, directors or agents makes any representation or warranty regarding any information or analyses provided to any Bank, whether such information or analyses was provided by the Borrower or prepared or obtained by the Administrative Bank and none of the Administrative Bank or any of its employees, officers, directors or agents shall be liable to any Person receiving a copy of such information or analyses.

Credit Analysis. Each Lender Bank has made, and shall continue to make, its own independent investigation or evaluation of the operations, business, property and condition, financial and otherwise, of the Loan Parties Borrowers in connection with the making of its commitments hereunder and has made, and will continue to make, its own independent appraisal of the creditworthiness of the Loan PartiesBorrowers. Without limiting the generality of the foregoing, each Lender Bank acknowledges that prior to the execution of this Agreement, it had this Agreement and all other Loan Documents and such other documents or matters as it deemed appropriate relating thereto reviewed by its own legal counsel as it deemed appropriate, and it is satisfied with the form and substance of this Agreement and all other Loan Documents. Each Lender Bank agrees and acknowledges that neither the Administrative Agent nor any of its directors, officers, attorneys or employees makes any representation or warranties about the creditworthiness of the Loan Parties Borrowers or with respect to the due execution, legality, validity, genuineness, effectiveness, sufficiency or enforceability of this Agreement or any other Loan Documents, or the validity, genuineness, execution, perfection or priority of Liens created or reaffirmed by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any Collateral collateral or other security. Each of the Banks shall use its best efforts to provide the other Banks with any credit or other material information which comes into the possession of such Bank on or before a Default or Event of Default or at any time thereafter with respect to the operations, business, property condition or creditworthiness of the Borrowers but no Bank shall have any liability to any other Bank for its inadvertent failure to do so. Each Bank, upon the request of another Bank, shall deliver to such other bank any financial statement, report, certificate or other document required to be delivered to the Banks pursuant to Section 5.1 which the requesting Bank did not receive. Except as explicitly provided herein, neither the Administrative Agent nor any Lender Bank has any duty or responsibility, either initially or on a continuing basis, to provide any other Lender Bank with any credit or other information with respect to such operations, business, property, condition or creditworthiness, whether such information comes into its possession on or before a Default or an Event of Default or at any time thereafter.

Credit Analysis. Each Lender has made, and shall continue to make, its own independent investigation or evaluation of the operations, business, property and condition, financial and otherwise, of the Loan Parties Borrower and Lessee in connection with the making of its commitments hereunder and has made, and will continue to make, its own independent appraisal of the creditworthiness of the Loan PartiesBorrower and Lessee. Without limiting the generality of the foregoing, each Lender acknowledges that prior to the execution of this Agreement, it had this Agreement and all other Loan Documents and such other documents or matters as it deemed appropriate relating thereto reviewed by its own legal counsel as it deemed appropriate, and it is satisfied with the form and substance of this Agreement and all other Loan Documents. Each Lender agrees and acknowledges that neither none the Administrative Bank, the Collateral Agent nor or any of its their respective directors, officers, attorneys or employees makes any representation representations or warranties about the creditworthiness of the Loan Parties Borrower or with respect to the due execution, legality, validity, genuineness, effectiveness, sufficiency or enforceability of this Agreement or any other Loan Documents, or the validity, genuineness, execution, perfection or priority of Liens liens created or reaffirmed by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any Collateral or other security. Except as explicitly provided herein, neither none of the Administrative Bank, the Collateral Agent nor or any Lender has any duty or responsibility, either initially or on a continuing basis, to provide any other Lender with any credit or other information with respect to such the operations, business, property, condition or creditworthinesscreditworthiness of Borrower or any Lessee, whether such information comes into its possession on or before a Default or an Event of Default or at any time thereafter.

Credit Analysis. Each Lender Bank has made, and shall continue to --------------- make, its own independent investigation or evaluation of the operations, business, property and condition, financial and otherwise, of the Loan Parties Borrower in connection with the making of its commitments hereunder and has made, and will continue to make, its own independent appraisal of the creditworthiness of the Loan PartiesBorrower. Without limiting the generality of the foregoing, each Lender Bank acknowledges that prior to the execution of this Agreement, it had this Agreement and all other Loan Documents and such other documents or matters as it deemed appropriate relating thereto reviewed by its own legal counsel as it deemed appropriate, and it is satisfied with the form and substance of this Agreement and all other Loan Documents. Each Lender Bank agrees and acknowledges that neither the Administrative Agent Bank nor any of its directors, officers, attorneys or employees makes any representation representations or warranties about the creditworthiness of the Loan Parties Borrower or with respect to the due execution, legality, validity, genuineness, effectiveness, sufficiency or enforceability of this Agreement or any other Loan Documents, or the validity, genuineness, execution, perfection or priority of Liens created or reaffirmed by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any Collateral or other security. Except as explicitly provided herein, neither the Administrative Agent Bank nor any Lender Bank has any duty or responsibility, either initially or on a continuing basis, to provide any other Lender Bank with any credit or other information with respect to such the operations, business, property, condition or creditworthinesscreditworthiness of the Borrower or any other Loan Party, whether such information comes into its possession on or before a Default or an Event of Default or at any time thereafter; provided, however, that the Administrative -------- ------- Bank agrees that it will promptly provide each Bank with copies of the financial statements, other financial reports and notices received by the Administrative Bank pursuant to Section 8.1 and, at the request of a Bank, a copy of any ----------- Collateral audit performed by the Administrative Bank; provided further, -------- ------- however, that neither the Administrative Bank nor any of its employees, ------- officers, directors or agents makes any representation or warranty regarding any information or analyses provided to any Bank, whether such information or analyses was provided by the Borrower or prepared or obtained by the Administrative Bank and none of the Administrative Bank or any of its employees, officers, directors or agents shall be liable to any Person receiving a copy of such information or analyses.

Credit Analysis. Each Lender Bank has made, and shall continue to make, its own independent investigation or evaluation of the operations, business, property and condition, financial and otherwise, of the Loan Parties Borrower in connection with the making of its commitments hereunder and has made, and will continue to make, its own independent appraisal of the creditworthiness of the Loan PartiesBorrower. Without limiting the generality of the foregoing, each Lender Bank acknowledges that prior to the execution of this Agreement, it had this Agreement and all other Loan Documents and such other documents or matters as it deemed appropriate relating thereto reviewed by its own legal counsel as it deemed appropriate, and it is satisfied with the form and substance of this Agreement and all other Loan Documents. Each Lender Bank agrees and acknowledges that neither the Administrative Agent nor any of its directors, officers, attorneys or employees makes any representation or warranties about the creditworthiness of the Loan Parties Borrower or with respect to the due execution, legality, validity, genuineness, effectiveness, sufficiency or enforceability of this Agreement or any other Loan Documents, or the validity, genuineness, execution, perfection or priority of Liens created or reaffirmed by any of the Loan Documents, or the validity, genuineness, enforceability, existence, value or sufficiency of any Collateral collateral or other security. Each of the Banks shall use its best efforts to provide the other Banks with any credit or other material information which comes into the possession of such Bank on or before a Default or Event of Default or at any time thereafter with respect to the operations, business, property, condition or creditworthiness of the Borrower but no Bank shall have any liability to any other Bank for its inadvertent failure to do so. Each Bank, upon the request of another Bank, shall deliver to such other bank any financial statement, report, certificate or other document required to be delivered to the Banks pursuant to Section 5.1 which the requesting Bank did not receive. Except as explicitly provided herein, neither the Administrative Agent nor any Lender Bank has any duty or responsibility, either initially or on a continuing basis, to provide any other Lender Bank with any credit or other information with respect to such operations, business, property, condition or creditworthiness, whether such information comes into its possession on or before a Default or an Event of Default or at any time thereafter.