Common use of Credit appraisal by the Lenders Clause in Contracts

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents and each Mandated Lead Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (A) the financial condition, status and nature of the Guarantor and each member of the Group; (B) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance 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 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 Final Information Memorandum and any other information provided by the Agents, 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.

Appears in 4 contracts

Samples: Facility Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)

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Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 4 contracts

Samples: Facility Agreement (Synnex Corp), Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Facility Agent, the Security Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsFacility 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 4 contracts

Samples: Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK), Facility Agreement (PT Indosat TBK)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each Mandated Lead Arranger the 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 Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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, 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, the Security Trustee, 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.

Appears in 3 contracts

Samples: Subordinated Facility Agreement (Diana Shipping Inc.), Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Containerships Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents COFACE Agent, the Security Agent and each the Mandated Lead Arranger 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsCOFACE 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.

Appears in 3 contracts

Samples: Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents BPIFAE Agent, the Security Agent and each the Mandated Lead Arranger 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsBPIFAE 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.

Appears in 2 contracts

Samples: Bpifae Facility Agreement (Globalstar, Inc.), Bpifae Facility Agreement (Globalstar, Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Trustee and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.. Table of Contents

Appears in 2 contracts

Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each Mandated Lead Security Trustee and the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member Member of the Sterlite Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent and 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.

Appears in 2 contracts

Samples: Rupee Term Facility Agreement (Sterlite Industries (India) LTD), Rupee Term Facility Agreement (Sterlite Industries (India) LTD)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Facility Agent and each the Mandated Lead Arranger 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy adequacy, value or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsFacility Agent, any Mandated Lead Arranger, 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.

Appears in 2 contracts

Samples: Multicurrency Loan Facility Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, Document or the Transaction Security each Lender confirms to the Agents Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document or the Transaction Security including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document 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 DocumentDocument or Transaction Security; (Cc) 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 (Dd) the adequacy, accuracy and/or or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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.

Appears in 1 contract

Samples: Facility Agreement (Bristow Group Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of the Parent or any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor Parent and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum Package and any other information provided by the AgentsAgent, the Security Agent, any Party or by any other person A07131148/0.28/12 Dec 2006 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.

Appears in 1 contract

Samples: Facility Agreement (Allied Healthcare International Inc)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum Package and any other information provided by the AgentsAgent, 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.

Appears in 1 contract

Samples: Facility Agreement (Solutia Inc)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Financing Document, each Lender confirms to the Agents each Agent and each Mandated Lead Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Financing Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the GroupGroup Company; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Financing Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Financing Document; (Cc) 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 Financing Document, the transactions contemplated by the Finance Financing Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Financing Document; and (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the Agentsan Agent, a Mandated Lead Arranger, any other Party or by any other person under or in connection with any Finance Financing Document, the transactions contemplated by the Finance Financing Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Financing Document.

Appears in 1 contract

Samples: Credit Agreement (France Telecom /)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents and each Agent, the Mandated Lead Arranger Arrangers and the Bookrunners 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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.

Appears in 1 contract

Samples: Facility Agreement (Best Buy Co Inc)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to each of the Agents Servicing Banks, the Arranger and each Mandated Lead Arranger the 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 under, or in connection with with, any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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, 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the Agentseither Servicing Bank, 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.

Appears in 1 contract

Samples: Credit Agreement (Eagle Bulk Shipping Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Agent and each Mandated Lead Arranger the Coordinator 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 1 contract

Samples: Facility Agreement (Rockwood Holdings, Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents each Agent and each Mandated Lead Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (A) the financial condition, status and nature of the Guarantor and each member of the Group; (B) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (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 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 Final Information Memorandum and any other information provided by the Agents, 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.

Appears in 1 contract

Samples: Loan Agreement (Kosmos Energy Ltd.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents each Agent and each Mandated Lead Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (A) the financial condition, status and nature of the Guarantor and each member of the Group; (B) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance 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 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 Final Information Memorandum and any other information provided by the Agents, 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.

Appears in 1 contract

Samples: Deed of Amendment and Restatement (Kosmos Energy Ltd.)

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Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each Mandated Lead Arranger the Security Agent that it has been, and will shall 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) 26.13.1 the financial condition, status and nature of the Guarantor and each member of the Group; (B) 26.13.2 the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and the Security 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 Security Document; (C) 26.13.3 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 Security Document 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) 26.13.4 the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the Agents, 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 26.13.5 the right or title of any person in or to, or the value or sufficiency of any part of the property over which any Security is given.

Appears in 1 contract

Samples: Distribution Agreement (Central European Distribution Corp)

Credit appraisal by the Lenders. Without affecting the responsibility of the Parent or any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor Parent and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum Package and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 1 contract

Samples: Facility Agreement (Allied Healthcare International Inc)

Credit appraisal by the Lenders. AND THE FRONTING BANK Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each Mandated the Lead Arranger 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the GroupGroup Company; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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.

Appears in 1 contract

Samples: Credit Agreement (Sappi LTD)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Trustee and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under under, or in connection with with, any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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, 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, the Security Trustee, 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.

Appears in 1 contract

Samples: Facility Agreement (Diana Containerships Inc.)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including including, but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 1 contract

Samples: Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each the Mandated Lead Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 the Final Information Memorandum and any other information provided by the Agents, 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.

Appears in 1 contract

Samples: Term Loan Facilities Agreement (Sterlite Industries (India) LTD)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Arranger and each Mandated Lead Arranger 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: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Base Case, Information Memorandum and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Misys PLC)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent and each the Mandated Lead Arranger 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: (Aa) the financial condition, status and nature of each member of the Guarantor Group and each member of the Target Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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.

Appears in 1 contract

Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap Aktiengesellschaft Systems Applications Products in Data)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Facility Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum Package and any other information provided by the AgentsFacility 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.

Appears in 1 contract

Samples: Facility Agreement (Solutia Inc)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor the Borrower for information supplied by it or on its behalf in connection with any Finance Financing Document, each Lender confirms to the Agents each Agent and each Mandated Lead Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Financing Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the GroupGroup Company; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Financing Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Financing Document; (Cc) 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 Financing Document, the transactions contemplated by the Finance Financing Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Financing Document; and (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum Package and any other information provided by the Agentsan Agent, a Mandated Lead Arranger, any other Party or by any other person under or in connection with any Finance Financing Document, the transactions contemplated by the Finance Financing Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Financing Document.

Appears in 1 contract

Samples: Credit Agreement (France Telecom /)

Credit appraisal by the Lenders. Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agents Agent, the Security Agent and each Mandated Lead the Arranger that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Finance Document including but not limited to: (Aa) the financial condition, status and nature of the Guarantor and each member of the Group; (Bb) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; (Cc) 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 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 (Dd) the adequacy, accuracy and/or completeness of the Final Information Memorandum and any other information provided by the AgentsAgent, 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, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document.

Appears in 1 contract

Samples: Facilities Agreement (Sequa Corp /De/)

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