Common use of Credit appraisal by the Finance Parties Clause in Contracts

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Document, each Finance Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, or in connection with, any Transaction Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, or in connection with, any Transaction Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Security Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Security Assets.

Appears in 10 contracts

Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)

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Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Document, each Finance Party confirms to the Security Facility Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, or in connection with, any Transaction Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, or in connection with, any Transaction Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Facility Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Security Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Security Assets.

Appears in 4 contracts

Samples: Term Loan Facility (Navios Maritime Partners L.P.), Term Loan Facility (Global Ship Lease, Inc.), Term Loan Facility (Global Ship Lease, Inc.)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Document, each Finance Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, or in connection with, any Transaction Document including but not limited to: (a) the financial condition, status and nature of each member of the GroupTransaction Obligor; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, or in connection with, any Transaction Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Security Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Security Assets.

Appears in 2 contracts

Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Pyxis Tankers Inc.)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Document, each Finance Party confirms to the Security Facility Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, or in connection with, any Transaction Document including but not limited to: (a) the financial condition, status and nature of each member of the GroupTransaction Obligor; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, or in connection with, any Transaction Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Facility Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Security Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Security Assets.

Appears in 2 contracts

Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Document, each Finance Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, or in connection with, any Transaction Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, or in connection with, any Transaction Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any other information provided by the Security Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Security Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Security Assets.

Appears in 1 contract

Samples: Term Loan Facility Agreement (Castor Maritime Inc.)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor the Borrower for information supplied by it or on its behalf in connection with any Transaction Finance Document, each Finance Party confirms to the Security Facility Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, under or in connection with, with any Transaction Finance Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document or the Security PropertyTransaction Security; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, under or in connection with, with any Transaction Finance Document, the Security Property, the transactions contemplated by the Transaction Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security PropertyFinance Document; (d) the adequacy, accuracy or and/or completeness of any information provided by the Security Facility Agent, any Party or by any other person under, under or in connection with, with any Transaction Finance Document, the transactions contemplated by any Transaction Document the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document; and (e) the right or title of any person in or to to, or the value or sufficiency of any part of the Security AssetsCharged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsCharged Property.

Appears in 1 contract

Samples: Secured Bridge Facility Agreement (Cemex Sab De Cv)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Bridge Finance Document, each Finance Party confirms to the Security Agent and Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, under or in connection with, with any Transaction Bridge Finance Document including but not limited to:: 102 (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Bridge Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Bridge Finance Document or the Security Property; (c) whether that Finance Party Bridge Noteholder has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, under or in connection with, with any Transaction Bridge Finance Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Bridge Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Bridge Finance Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Trustee, any Party or by any other person under or in connection with any Bridge Finance Document, the transactions contemplated by any Bridge Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Bridge Finance Document; and (e) the right or title of any person in or to to, or the value or sufficiency of any part of of, the Security AssetsCharged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsCharged Property.

Appears in 1 contract

Samples: Loan Agreement (Babylon Holdings LTD)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor the Company for information supplied by it or on its behalf in connection with any Transaction Finance Document, each Finance Party confirms to the Facility Agent and the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, under or in connection with, with any Transaction Finance Document including but not limited to: (a) the financial condition, status and nature of each member of the GroupCompany; (b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document or the Security PropertyTransaction Security; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, under or in connection with, with any Transaction Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Transaction Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security PropertyFinance Document; (d) the adequacy, accuracy or and/or completeness of the Reports and any other information provided by the Facility Agent, the Security Agent, any Party or by any other person under, under or in connection with, with any Transaction Finance Document, the transactions contemplated by any Transaction Document the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document; and (e) the right or title of any person in or to to, or the value or sufficiency of any part of the Security AssetsCharged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsCharged Property.

Appears in 1 contract

Samples: Uk Propco Facility Agreement (Toys R Us Inc)

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Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Bridge Finance Document, each Finance Party confirms to the Security Agent and Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, under or in connection with, with any Transaction Bridge Finance Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Bridge Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Bridge Finance Document or the Security Property; (c) whether that Finance Party Bridge Noteholder has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, under or in connection with, with any Transaction Bridge Finance Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Bridge Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Bridge Finance Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Trustee, any Party or by any other person under or in connection with any Bridge Finance Document, the transactions contemplated by any Bridge Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Bridge Finance Document; and (e) the right or title of any person in or to to, or the value or sufficiency of any part of of, the Security AssetsCharged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsCharged Property.

Appears in 1 contract

Samples: Loan Note Facility (Babylon Holdings LTD)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Finance Document, each Finance Party confirms to the Security Facility Agent and the Mandated Lead Arrangers that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, or in connection with, any Transaction Finance Document including but not limited to: (a) the financial condition, status and nature of each member of the Restricted Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document or the Security Property; (c) whether that Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, or in connection with, any Transaction Finance Document, the Security Property, the transactions contemplated by the Transaction Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Facility Agent, any Party or by any other person under, or in connection with, any Transaction Finance Document, the transactions contemplated by any Transaction Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Security AssetsCharged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsCharged Property.

Appears in 1 contract

Samples: Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Bridge Finance Document, each Finance Party confirms to the Security Agent and Trustee that it has been, and will continue to be, solely responsible for 91 making its own independent appraisal and investigation of all risks arising under, under or in connection with, with any Transaction Bridge Finance Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Bridge Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Bridge Finance Document or the Security Property; (c) whether that Finance Party Bridge Noteholder has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, under or in connection with, with any Transaction Bridge Finance Document, the Security Property, the transactions contemplated by the Transaction Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Security Agent, any Party or by any other person under, or in connection with, any Transaction Document, the transactions contemplated by any Transaction Bridge Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Bridge Finance Document or the Security Property; (d) the adequacy, accuracy or completeness of any information provided by the Trustee, any Party or by any other person under or in connection with any Bridge Finance Document, the transactions contemplated by any Bridge Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Bridge Finance Document; and (e) the right or title of any person in or to to, or the value or sufficiency of any part of of, the Security AssetsCharged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsCharged Property.

Appears in 1 contract

Samples: Loan Agreement (Babylon Holdings LTD)

Credit appraisal by the Finance Parties. Without affecting the responsibility of any Transaction Obligor for information supplied by it or on its behalf in connection with any Transaction Document, Finance Document and each Finance Party Lender confirms to the Security Facility Agent and the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under, under or in connection with, with any Transaction Finance Document including but not limited to: (a) the financial condition, status and nature of each member of the GroupGroup Company; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Finance Document, the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document or the Security PropertyTransaction Security; (c) whether that Finance Party Lxxxxx has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under, under or in connection with, with any Transaction Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Transaction Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document or the Security PropertyTransaction Security; (d) the adequacy, accuracy or completeness of any information provided by the Security Facility Agent, any Party or by any other person under, under or in connection with, with any Transaction Finance Document, the transactions contemplated by any Transaction Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document; and (e) the right or title of any person in or to to, or the value or sufficiency of any part of the Security AssetsSecured Property, the priority of any of the Transaction Security or the existence of any Security affecting the Security AssetsSecured Property.

Appears in 1 contract

Samples: Common Terms Agreement (Sedibelo Resources LTD)

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