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 Transaction Document, each Lender confirms to each Agent, the Joint & Several Creditor 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 Transaction Document including but not limited to: (a) the financial condition, status and nature of each member of the Mechel Mining Group; (b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction 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 Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and (d) the adequacy, accuracy and/or completeness of any information provided by any Agent, the Joint & Several Creditor, any Party or by any other person under or in connection with any Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document.
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Samples: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)
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 Transaction Document, each Lender confirms to each Agent, the Joint & Several Creditor 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 Transaction Document including but not limited to:
(a) the financial condition, status and nature of each member of any Material Project Party, the Mechel Mining GroupSponsor or any other person;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party Party, any Lenders’ Consultant or any of its respective assets under or in connection with any Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by any the Agent, any Party, the Joint & Several CreditorTechnical Bank, any Party Lenders’ Consultant or by any other person under or in connection with any Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document.
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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 Transaction Document or Lease Document, each Lender confirms to each Agent, the Joint & Several Creditor Agent and each Mandated Lead Arranger 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 Transaction Document including but not limited to:
(a) the financial condition, status and nature of each member of Obligor, the Mechel Mining GroupAircraft and any Portfolio Lessee;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document or any Lease Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or any Lease 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 Transaction Document, Document or any Lease Document or the transactions contemplated by the Transaction Documents or any Lease Document or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or any Lease Document; and;
(d) the adequacy, accuracy and/or completeness of any information provided by any the Agent, the Joint & Several Creditor, any Party or by any other person under or in connection with any Transaction Document or any Lease Document, the transactions contemplated by the Transaction Documents or any Lease Document or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document or any Lease Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Collateral, the priority of any of the Security Documents or the existence of any Security affecting the Collateral.
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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 Transaction Finance Document, each Lender confirms to each the Facility Agent, the Joint & Several Creditor and each Mandated Lead Arranger Arrangers, the Joint Lead Arrangers, the 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 Transaction Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Mechel Mining Group;
(b) the legality, validity, effectiveness, adequacy adequacy, value or enforceability of any Transaction Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction 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 Transaction Finance Document, the transactions contemplated by the Transaction Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document; and
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by any the Facility Agent, the any Mandated Lead Arranger, any Joint & Several CreditorLead Arranger, any Arranger, any Bookrunner, any Party or by any other person under or in connection with any Transaction Finance Document, the transactions contemplated by the Transaction Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document.
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Samples: Multicurrency Term and Revolving Facilities Agreement (Xstrata 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 Transaction Document, each Lender of the Lenders confirms to each Agent, the Joint & Several Creditor Transaction Agents 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 Transaction Document including but not limited to:
(a) the financial condition, status and nature of each member of the Mechel Mining GroupObligors and their Affiliates;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document and and/or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party party to any Transaction Document or any of its respective assets under or in connection with any Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by any Transaction Agent, the Joint & Several Creditor, any Party party to any Transaction Document or by any other person under or in connection with any Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document.
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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 Transaction Expanded Finance Document, each Lender confirms to each Agent, the Joint & Several Creditor 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 or in connection with any Transaction Expanded Finance Document including but not limited to:to:-
(a) the financial condition, status and nature of each member of the Mechel Mining Group;Group or any other person; 100
(b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Relevant Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Relevant 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 Transaction Relevant Document, the transactions contemplated by the Transaction Relevant Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Relevant Document; and
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by any the Agent, the Joint & Several CreditorSecurity Trustee, any Party or by any other person under or in connection with any Transaction Relevant Document, the transactions contemplated by the Transaction Relevant Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Relevant Document.
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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 Transaction Document, each Lender confirms to each Agent, the Joint & Several Creditor and each Mandated Lead Arranger Technical 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 Transaction Document including but not limited to:
(a) the financial condition, status and nature of each member of any Material Project Party, the Mechel Mining GroupSponsor or any other person;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document;
(c) whether that Lender has recourse, and the nature and extent of that recourse, against any Party Party, the Lenders’ Construction Consultant or any of its their respective assets under or in connection with any Transaction Document, any information supplied by the Lenders’ Construction Consultant, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document; and
(d) the adequacy, accuracy and/or completeness of any information provided by the Technical Bank, any AgentParty, the Joint & Several Creditor, any Party Lenders’ Construction Consultant or by any other person under or in connection with any Transaction Document, the transactions contemplated by the Transaction Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Document.;
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Credit appraisal by the Lenders. AND THE FRONTING BANKS Without affecting the responsibility of the Borrower any Obligor for information supplied by it or on its behalf in connection with any Transaction Finance Document, each Lender and each Fronting Bank confirms to each Agent, the Joint & Several Creditor Agent and each Mandated Lead Arranger 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 Transaction Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Mechel Mining Group;
(b) the legality, validity, effectiveness, adequacy or enforceability of any Transaction Finance Document and any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document;
(c) whether that Lender or, as the case may be, Fronting Bank has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Transaction Finance Document, the transactions contemplated by the Transaction Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document; and
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by any the Agent, the Joint & Several Creditor, any Party or by any other person under or in connection with any Transaction Finance Document, the transactions contemplated by the Transaction Finance Documents or any other agreement, Security, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Transaction Finance Document.
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Samples: Senior Facilities Agreement (Messer Griesheim Holding Ag)