Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to: (a) the financial condition, status and nature of the Borrower; (b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security (c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and (d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and (e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 4 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower Parent or any Obligor for information supplied by it or on its behalf in connection with any Relevant Finance Document, each Lender, L/C Bank and Ancillary Facility Lender confirms to each of the Account Bank, Facility Agent, the Arranger Bookrunners, the Arrangers, each L/C Bank and any Swap Banks each Ancillary Facility Lender 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 Relevant Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Relevant Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Relevant Finance Document or the Transaction SecurityDocument;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party or any of its respective assets under or in connection with any Relevant Finance Document, the Transaction Security, the transactions contemplated by the Relevant Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Relevant Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Agreed Business Plan and each Budget and any other information provided by the Facility Agent, any Party the Bookrunners, the Arrangers or by any other person under or in connection with any Relevant Finance Document, the transactions contemplated by the Relevant Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Relevant 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 Charged PropertySecurity, the priority of any of the Transaction Security or the existence of any Security Encumbrances affecting the Charged PropertySecurity.
Appears in 4 contracts
Samples: Senior Facilities Agreement (VMWH LTD), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender and L/C Bank confirms to the Account Bank, Agent, the Arranger Facility Agent and any Swap Banks each L/C Bank 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 4 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender and Hedge Counterparty confirms to the Account Bank, Agent, the Facility Agent and each Mandated Lead Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Xxxxxx 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 3 contracts
Samples: Term, Revolving and Accordion Facilities Agreement (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, the Transaction Security each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document or the Transaction Security including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Xxxxxx 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance DocumentDocument or the Transaction Security; and
(d) the adequacy, accuracy and/or or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 3 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, Security or the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, the Common Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Crown Entertainment LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) 27.14.1 the financial condition, status and nature of each member of the BorrowerGroup;
(b) 27.14.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) 27.14.3 whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) 27.14.4 the adequacy, accuracy and/or completeness of the Information Memorandum, the Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) 27.14.5 the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 3 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (Navios Maritime Holdings Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each other Finance Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Obligor and other Group Member;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and or the Transaction Security Building Contract and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityBuilding Contract;
(c) the application of any Basel 2 Regulation to the transactions contemplated by the Finance Documents;
(d) whether that Lender any 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(e) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document or the Building Contract, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Building Contract; and
(f) the right or of title of any person in or to to, or the value or sufficiency of of, any part of the Charged Property, the priority of any of the Transaction Security Documents or the existence of any Security Interest affecting the Charged Property.
Appears in 2 contracts
Samples: Facility Agreement (Teekay Tankers Ltd.), Facility Agreement (Teekay Tankers Ltd.)
Credit appraisal by the Lenders. 26.14.1 Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Senior Agent, the Arranger Security Agent and any Swap Banks each Security SPV 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerAtlatsa Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Transaction Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Reports and any other information provided by the Senior Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecured Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecured Assets.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Loan Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks Security 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 Finance Loan Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Transaction Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Loan Document, the Transaction Security Collateral and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Loan Document or the Transaction SecurityCollateral;
(c) whether that Lender Xxxxxx 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 Finance Loan Document, the Transaction SecurityCollateral, the transactions contemplated by the Finance Loan Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andLoan Document or the Collateral;
(d) the adequacy, accuracy and/or or completeness of any information provided by the AgentSecurity Trustee, any Party or by any other person under under, or in connection with with, any Finance Loan Document, the transactions contemplated by the Finance Documents any Loan Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Loan Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security Collateral or the existence of any Security affecting the Charged PropertyCollateral.
Appears in 2 contracts
Samples: Credit Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (SEACOR Marine Holdings Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of the Borrowereach Group Company and any surety for, or provider of Security in respect of, any Obligor's obligations under any Finance Document;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Xxxxxx 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of any Information Package, any Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Senior Term Facilities Agreement (CorpAcq Group PLC), Senior Term Facilities Agreement (CorpAcq Group PLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each Agent and the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction transactions contemplated by the Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document;
(d) the ownership, value or sufficiency of any of the Charged Assets, the adequacy or priority of any of the Security created pursuant to the Security Documents, the right or title of any person in or to any Charged Assets or the existence of any Security affecting the same;
(e) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Facility Agent, the Security Agent, the Reporting Agent, any Party or any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(df) the adequacy, accuracy and/or completeness of any information provided by communication delivered to it under any of the AgentFinance Documents, any Party legal or by other opinions, reports, valuations, certificates, appraisals or other documents delivered or made or required to be delivered or made at any other person under or time in connection with any Finance Document, the transactions contemplated by of the Finance Documents or any other agreementreport or other document, arrangement statement or document entered intoinformation circulated, made delivered or executed in anticipation ofmade, under whether orally or in connection with any Finance Document; and
(e) otherwise and whether before, on or after the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySigning Date.
Appears in 2 contracts
Samples: Term Loan Facility Agreement (Advanced Micro Devices Inc), Term Loan Facility Agreement (Advanced Micro Devices Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Facility Agent and each Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security Interest affecting the Charged PropertySecurity Assets.
Appears in 2 contracts
Samples: Facility Agreement (Global Ship Lease, Inc.), Credit Agreement (Global Ship Lease, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender and Hedge Counterparty confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any other information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Group Member;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Transaction Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum, the Information Package, the Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document; and
(e) the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Facility Agreement (Giant Interactive Group Inc.), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor or any other member of the Borrower Group that is party to a Finance Document for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) 27.14.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup;
(b) 27.14.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) 27.14.3 whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) 27.14.4 the adequacy, accuracy and/or completeness of any information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) 27.14.5 the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security Liens affecting the Charged Property, and each Lender warrants to the Agent and the Arranger that it has not relied on and will not at any time rely on the Agent or the Arranger in respect of any of these matters.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Validus Holdings LTD), Amendment and Restatement Agreement (Validus Holdings LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any other information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks MLABs 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum, the Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, Security or the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender Finance Party confirms to the Account Bank, Agent, the Security Agent and each Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Document, any Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the any Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security Interest affecting the Charged PropertySecurity Assets.
Appears in 2 contracts
Samples: Facility Agreement (Ocean Rig UDW Inc.), Facility Agreement (DryShips Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks Security 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 or in connection with any Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of the BorrowerBorrower and each other Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the ownership, value or sufficiency of any of the Charged Assets, the adequacy or priority of any Security expressed to be created by or pursuant to, or to be evidenced in, any Security Document, the right or title of any person in or to any of the Charged Assets or the existence of any Security affecting the same;
(e) the adequacy, accuracy and/or completeness of any information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) , and that it has not relied upon any representation or statement made by the right or title of any person in or to Agent or the value or sufficiency of Security Trustee as being an inducement to enter into any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertyFinance Document.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sesa Sterlite LTD), Facility Agreement (Sesa Sterlite LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security Collateral and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityCollateral;
(c) whether that Lender 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 Finance Document, Document or the Transaction SecurityCollateral, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security or the existence or priority of any Security affecting the Charged PropertyCollateral.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each Obligor and each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Report or any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Facility Agent, the Collateral Management Agent, the Documentation Bank and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum, the Reports and any other information provided by the Facility Agent, the Collateral Management Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Borrowing Base Facility Agreement (Aegean Marine Petroleum Network Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Loan Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Loan Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Transaction Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Loan Document, the Transaction Security Collateral and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Loan Document or the Transaction SecurityCollateral;
(c) whether that the Lender 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 Finance Loan Document, the Transaction SecurityCollateral, the transactions contemplated by the Finance Loan Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andLoan Document or the Collateral;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Loan Document, the transactions contemplated by the Finance Documents any Loan Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Loan Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security Collateral or the existence of any Security affecting the Charged PropertyCollateral.
Appears in 2 contracts
Samples: Credit Agreement (SEACOR Marine Holdings Inc.), Credit Agreement (SEACOR Marine Holdings Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Genesco Inc), Amendment and Restatement Agreement (Genesco Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each other Finance Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each Obligor and other member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security Document, each Charter Contract and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Securityany Charter Contract;
(c) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents;
(d) whether that Lender any 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance DocumentDocument or the Charged Property;
(e) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document or any Charter Contract, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or any Charter Contract; and
(ef) the right or title of any person in or to to, or the value or sufficiency of of, any part of the Charged Property, the priority of any of the Transaction Security Documents or the existence of any Security Interest affecting the Charged Property.
Appears in 2 contracts
Samples: China Eca Facility Framework Agreement (Seadrill Partners LLC), Secured Credit Facility Agreement (Seadrill Partners LLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender Finance Party confirms to the Account Bank, Agent, the Security Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Document, any Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the any Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Facilities Agreement (Octel Corp), Facilities Agreement (Innospec Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each Obligor and each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Report or any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 2 contracts
Samples: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, each Agent, the Security Agent and each Arranger and any Swap Banks 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 Finance Document including Document, including, but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender Lxxxxx 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum and any other information provided by an Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecurity Assets.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Cboe Global Markets, Inc.), Amendment and Restatement Agreement (Cboe Global Markets, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Security Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Security Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecurity Assets.
Appears in 1 contract
Samples: Secured Term Loan Facility (Mohegan Tribal Gaming Authority)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) , and each Lender warrants to the right or title of Agent and the Arranger that it has not relied on and will not at any person in or to time rely on the Agent or the value or sufficiency of any part of the Charged Property, the priority Arranger in respect of any of the Transaction Security or the existence of any Security affecting the Charged Propertythese matters.
Appears in 1 contract
Samples: Multicurrency Revolving Facility Agreement (Markit Ltd.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each Obligor and each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each Obligor and each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document, the Security under any Security Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecuritySecurity under any Security Document;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity under any Security Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any factual information provided, produced or approved by or on behalf of any member of the Group in relation to any Finance Document or any transaction contemplated under any Finance Document and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to to, or the value or sufficiency of of, any part of the Charged Propertyassets or properties subject to the Security under any Security Document, the priority of any of the Transaction such Security or the existence of any Security affecting the Charged Propertysuch assets or properties.
Appears in 1 contract
Samples: Term Facility Agreement (Tongjitang Chinese Medicines Co)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Facility Agent, the Mandated Lead Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrower;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Reports and any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Loan Party for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger Security Agent and any Swap Banks the 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum, any due diligence reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Facilities Agreement (Igate Corp)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each of the Account Bank, Facility Agent, the Arranger Bookrunners and any Swap Banks the 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerBank Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party or any of its respective assets under or in connection with any Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party the Bookrunners, the Arrangers or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity, the priority of any of the Transaction Security or the existence of any Security Interests affecting the Charged PropertySecurity.
Appears in 1 contract
Samples: Acquisition Facilities Agreement (Liberty Global PLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Agent and each Arranger and any Swap Banks 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 Finance Document including but not limited to:
(ai) the financial condition, status and nature of each member of the BorrowerGroup;
(bii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(ciii) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(div) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(ev) the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Propertyassets subject to the Transaction Security, the priority of any of the Transaction Security or the existence of any Security security affecting the Charged Property.assets subject to the Transaction Security
Appears in 1 contract
Samples: Multicurrency Term and Revolving Facilities Agreement (Seawell LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each Administrative Party 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 Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Agentany Administrative Party, any other Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Security Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Security Property, and each Secured Party warrants to the Agent and Security Agent that it has not relied on the Agent and Security Agent in respect of any of these matters.
Appears in 1 contract
Samples: Facility Agreement (Advanced Technology (Cayman) LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the information memorandum, the Insurance Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup and/or Tradin Organics USA LLC;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Lender warrants to the Facility Agent and the Arranger that it has not relied on and will not at any time rely on the Facility Agent or the Arranger in respect of any of these matters.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each of the Account Bank, Facility Agent, the Arranger Bookrunners and any Swap Banks the 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party or any of its respective assets under or in connection with any Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party the Bookrunners, the Arrangers or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity, the priority of any of the Transaction Security or the existence of any Security Interests affecting the Charged PropertySecurity.
Appears in 1 contract
Samples: High Yield Bridge Facilities Agreement (Liberty Global PLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks MLABs 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Group Structure Chart and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Term Loan Facility Agreement (Amc Entertainment Holdings, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, Document and each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Reports and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecured Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecured Assets.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Transaction Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under under, or in connection with with, any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Term Loan Facility (DryShips Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andUK-2463515-v12 - 120 - 70-40474932
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Lender warrants to the Agent and the Mandated Lead Arrangers that it has not relied on and will not at any time rely on the Agent or the Mandated Lead Arrangers in respect of any of these matters.
Appears in 1 contract
Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Debtor for information supplied by it or on its behalf in connection with any Finance Debt Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each 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 Finance Debt Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Debtor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Debt Document, each Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Debt Document or the Transaction Securityeach Security Property;
(c) whether that Lender Xxxxxx 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 Finance Debt Document, the Transaction Securityany Security Property, the transactions contemplated by the Finance Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDebt Document or any Security Property;
(d) the adequacy, accuracy and/or or completeness of any information provided by the any Security Agent, any Party or by any other person under or in connection with any Finance Debt Document, the transactions contemplated by the Finance Documents any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Debt 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecurity Assets.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and each of the Arranger and any Swap Banks Joint 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the BorrowerGuarantors and each Subsidiary of the Guarantors;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
and (e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security Interests or the existence of any Security Interest affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Mandated Lead Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Group Company;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Conditional Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Conditional Security;
(c) whether that Lender 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 Finance Document, the Transaction Conditional Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Conditional Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. 27.16.1 Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup, each Obligor and each Security Provider;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Xxxxxx 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Secured Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Secured Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each other Finance Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security or Charter Document or Building Contract Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityCharter Document or Building Contract Document;
(c) the application of any Basel 2 Regulation to the transactions contemplated by the Finance Documents;
(d) whether that Lender any 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(e) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document or Charter Document or Building Contract Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or Charter Document or Building Contract Document; and
(f) the right or of title of any person in or to to, or the value or sufficiency of of, any part of the Charged Property, the priority of any of the Transaction Security Documents or the existence of any Security Interest affecting the Charged Property.
Appears in 1 contract
Samples: Facility Agreement (GasLog Ltd.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks JMLAs 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Secured Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Secured Property.
Appears in 1 contract
Samples: Facility Agreement (Equinix Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each of the Account Bank, Facility Agent, the Arranger Security Agent and any Swap Banks 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 Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of the Borrowereach Transaction Obligor, each Holdco Group Member and each Group Member;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Transaction Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or or completeness of the Base Case Model, the Reports and any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document; and
(e) the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender, L/C Bank and Ancillary Facility Lender confirms to each of the Account Bank, Facility Agent, the Arranger Bookrunners, the Arrangers, each L/C Bank and any Swap Banks each Ancillary Facility Lender 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerBank Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party or any of its respective assets under or in connection with any Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party the Bookrunners, the Arrangers or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity, the priority of any of the Transaction Security or the existence of any Security Interests affecting the Charged PropertySecurity.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, Security or the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertyTransaction Security, the priority of any of the Transaction Security or the existence of any Security security affecting the Charged PropertySecured Assets.
Appears in 1 contract
Samples: Facility Agreement (Central European Media Enterprises LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) 26.15.1 the financial condition, status and nature of each member of the BorrowerGroup;
(b) 26.15.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) 26.15.3 whether that Lender Lxxxxx 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) 26.15.4 the adequacy, accuracy and/or or completeness of any information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) 26.15.5 the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.. Facility Agreement _Powerfleet_ 93
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, Security or the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Revolving Facility Agreement (Manchester United PLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each of the Account Bank, Agent, Transaction Agents and the Mandated Lead Arranger and any Swap Banks Bookrunner 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 Finance Document including but not limited to:
(a) the business, financial condition, prospect, creditworthiness, status and nature affairs of each member of the BorrowerGroup;
(b) the execution, legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the any Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and each of the Arranger and any Swap Banks Joint 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the BorrowerGuarantors and each Subsidiary of the Guarantors;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security Interests or the existence of any Security Interest affecting the Charged Property.
Appears in 1 contract
Samples: Loan Agreement (Prestige Cruises International, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each Obligor and each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Security Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of the Property Reports and any other information provided by the Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, Document or the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecurity Assets.
Appears in 1 contract
Samples: Mezzanine Facility Agreement (American Realty Capital Global Trust II, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each Administrative Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any the information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Lender warrants to the Facility Agent and the Arranger that it has not relied on and will not at any time rely on the Facility Agent or the Arranger in respect of any of these matters.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Facility Agent, the Collateral Management Agent, the Documentation Bank and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Lxxxxx 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum, the Reports and any other information provided by the Facility Agent, the Collateral Management Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Group Company;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the PwC Report and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Facilities Agreement (Sappi LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of the Borrowereach Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Lender warrants to the Agent and the Arranger that it has not relied on and will not at any time rely on the Agent or the Arranger in respect of any of these matters.
Appears in 1 contract
Samples: Senior Secured Facility Agreement (Aluminum Corp of China)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Group Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security Encumbrance affecting the Charged Property.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, each Agent, each Mandated Lead Arranger, the Arranger Documentation Agent and any Swap Banks the Structuring Bank 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and or of the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance DocumentDocument or the Security; and
(d) the adequacy, accuracy and/or completeness of any information provided by the any Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance DocumentDocument or the Security; and
(e) the right or title of any person in or to to, or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security or the existence of any Security Liens affecting the Charged PropertyCollateral, and each Lender warrants to each Agent, each Mandated Lead Arranger, the Documentation Agent and the Structuring Bank that it has not relied on and will not at any time rely on it in respect of any of these matters.
Appears in 1 contract
Samples: Covered Export Credit Agreement (Hughes Network Systems, LLC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each Administrative Party 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 Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandum and any other information provided by the Agentany Administrative Party, any other Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Security Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Security Property, and each Secured Party warrants to the Agent and Security Agents that it has not relied on the Agent and Security Agents in respect of any of these matters.
Appears in 1 contract
Samples: Secured Facility Agreement (Amkor Technology, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Borrower;Group; 118798-4-1-v6.0 - 113 - 70-40539524
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Lender warrants to the Agent and the Mandated Lead Arrangers that it has not relied on and will not at any time rely on the Agent or the Mandated Lead Arrangers in respect of any of these matters.
Appears in 1 contract
Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Transaction Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each of the Account Bank, Facility Agent, the Arranger Security Agent and any Swap Banks 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 Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of the Borrowereach Transaction Obligor and each Group Member;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Transaction Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or or completeness of the Base Case Model, the Reports and any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents any Transaction Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document; and
(e) the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Secured Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Secured Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each other Finance Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Obligor and other Group Member;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security or any Charter Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Securityany Charter Document;
(c) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents;
(d) whether that Lender any 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(e) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document or, any Charter Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or any Charter Document; and
(f) the right or of title of any person in or to to, or the value or sufficiency of of, any part of the Charged Property, the priority of any of the Transaction Security Documents or the existence of any Security Interest affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it them or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Facility Agent, the Security Agent and the Arranger and any Swap Banks that it has been, and will shall continue to be, solely responsible (at no cost to the Borrower) for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrower;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Facility Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Documents, the priority of any of the Transaction Security Documents or the existence of any Security affecting the Charged PropertySecurity Documents.
Appears in 1 contract
Samples: Facilities Agreement (Corporate Property Associates 17 - Global INC)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecurityDocument;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) , and each Lender warrants to the right or title of Agent and the Arranger that it has not relied on and will not at any person in or to time rely on the Agent or the value or sufficiency of any part of the Charged Property, the priority Arranger in respect of any of the Transaction Security or the existence of any Security affecting the Charged Propertythese matters.
Appears in 1 contract
Samples: Facilities Agreement (Syngenta Ag)
Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor or any other member of the Borrower Group that is party to a Finance Document for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) 26.14.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup;
(b) 26.14.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) 26.14.3 whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) 26.14.4 the adequacy, accuracy and/or completeness of any information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) 26.14.5 the right or title of any person in or to to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security Liens affecting the Charged Property, and each Lender warrants to the Agent and the Arranger that it has not relied on and will not at any time rely on the Agent or the Arranger in respect of any of these matters.
Appears in 1 contract
Samples: Standby Letter of Credit Facility Agreement (Validus Holdings LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger Issuing Bank and any Swap Banks 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 Finance Document including but not limited to:Ancillary Lenders
(a) the financial condition, status and nature of each member of the BorrowerBST Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Reports and any other information provided by the relevant Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (International Textile Group Inc)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Administrative Agent and the Arranger Common Security Agent and any Swap Banks each Facility Representative under an Existing Facility or the Guarantee Facility 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrowereach Offshore Entity;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any other information provided by the Administrative Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertyCollateral, the priority of any of the Transaction Security or the existence of any Security Interest affecting the Charged PropertyCollateral; and
(f) the legality, validity, effectiveness, adequacy or enforceability of any action taken or made in connection with any Existing Facility, the Guarantee Facility or other Finance Document.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Xxxxxx 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 Finance Document, the Transaction Security, Security or the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or completeness of the Information Package and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender of the Lenders confirms to the Account Bank, Agent, the Arranger and any Swap Banks each Administrative Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the BorrowerObligors, the Group Members and their respective Affiliates;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, any Transaction Security, the Transaction Security and Property and/or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document Document, any Transaction Security or the Transaction SecuritySecurity Property;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party to any Finance Document or any of its respective assets under or in connection with any Finance Document, any Transaction Security or the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and, any Transaction Security or the Security Property;
(d) the adequacy, accuracy and/or completeness of any Information Package and/or the Fangda Memorandum and/or any other information provided by the any Transaction Agent, any Party party to any Finance Document or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to to, or the value or sufficiency of the Charged Property or any part of the Charged Propertythereof, the priority of any of the Transaction Security or the existence of any Security affecting the any Charged PropertyProperty or any part thereof.
Appears in 1 contract
Samples: Senior Facilities Agreement (OneSmart International Education Group LTD)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Security Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Package and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks each Administrative Party 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 Finance Document including but not limited toincluding:
(a) the financial condition, status and nature of the Borrower;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security Property and any other agreement, arrangement or 49173559_13 document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of any other information provided by the Agentany Administrative Party, any other Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Security Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Security Property, and each Secured Party warrants to the Agent and Security Agent that it has not relied on the Agent and Security Agent in respect of any of these matters.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Transaction Agents and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, Document or the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the any Transaction Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks Administrative Parties 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerNEXT Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the BPIAE Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Supplemental Agreement (Iridium Communications Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger Arrangers and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrower;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Xxxxxx 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertyPledged Shares, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertyPledged Shares.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup or Obligor;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Data Room and any other information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower or the Sponsor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Administrative Agent, the Arranger Structuring Bank, the Mandated Lead Arrangers, the Lead Technical Bank, the Technical Bank and any Swap Banks the Modelling Bank 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and Document, the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Transaction Security;
(d) the adequacy, accuracy and/or or completeness of the Information Memorandums and any other information provided by the Administrative Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Borrowing Base Facility Agreement (Cobalt International Energy, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, creditworthiness, affairs, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, the Security Trustee, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Security Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the Borrower;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and 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 Finance Document or the Transaction SecuritySecurity Property;
(c) whether that Lender 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 Finance Document, the Transaction SecuritySecurity Property, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or the Security Property;
(d) the adequacy, accuracy and/or or completeness of the Property Reports and any other information provided by the Agent, the Security Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the any Finance Documents Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecurity Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecurity Assets.
Appears in 1 contract
Samples: Sterling Term Facility Agreement (American Realty Capital Global Trust, Inc.)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender and confirms to the Account Bank, Agent, Facility Agent and the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, Security or the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Reports and any other information provided by the Agent, Facility Agent any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Senior Agent, the Arranger Arranger, the Security Agent and any Swap Banks the Plateau Security SPV 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerAnooraq Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Transaction Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Transaction Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum, the Reports and any other information provided by the Senior Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged PropertySecured Assets, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecured Assets.
Appears in 1 contract
Samples: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender of the Lenders confirms to the Account Bank, Agent, the Arranger and any Swap Banks each Administrative Party 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of the BorrowerObligors, members of the Group and their respective Affiliates;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Document, any Transaction Security and and/or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the any Transaction Security;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party to any Finance Document or any of its respective assets under or in connection with any Finance Document, the Document or any Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; andDocument or any Transaction Security;
(d) the adequacy, accuracy and/or completeness of any information provided by the any Transaction Agent, any Party party to any Finance Document or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and
(e) the right or title of any person in or to to, or the value or sufficiency of the Charged Property or any part of the Charged Propertythereof, the priority of any of the Transaction Security or the existence of any Security affecting the any Charged PropertyProperty or any part thereof.
Appears in 1 contract
Credit appraisal by the Lenders. Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Account Bank, Agent, the Arranger and any Swap Banks 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 Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the BorrowerGroup;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Transaction Security and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document or the Transaction Security;
(c) whether that Lender Secured 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 Finance Document, the Transaction Security, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by the Agent, any Party or by any other person under or in connection with any Finance Document, the transactions contemplated by the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any 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 Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property.
Appears in 1 contract
Samples: Facility Agreement (Cascal N.V.)
