Common use of Credit appraisal by the Lenders Clause in Contracts

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 Facility Agent that: (a) 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: (i) the financial condition, creditworthiness, condition, affairs, status and nature of the Borrower; (ii) 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; (iii) whether that 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 (iv) 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. (b) it is acting for its own account, and it has made its own independent decisions to enter into the Finance Documents and as to whether the transactions contemplated thereby are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary; (c) it is not relying on any communication (written or oral) of the Facility Agent as investment advice or as a recommendation to enter into any Finance Document or the transactions contemplated by the Finance Documents; it being understood that information and explanations related to the terms and conditions of a Finance Document and/or the transactions contemplated by the Finance Documents shall not be considered investment advice or a recommendation to enter into that document or transaction and no communication (written or oral) received from the Facility Agent shall be deemed to be an assurance or guarantee as to the expected results of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance Documents.

Credit appraisal by the Lenders. Without 36.23.1 Lenders Subject to Clause 28.23.2 (The GIEK Lender and the K-sure Lenders) below, without affecting the responsibility of the Borrower Obligors for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Facility Agent that: (a) 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 (without limitation): (ia) the financial condition, creditworthiness, condition, affairs, status and nature of the BorrowerObligors; (iib) 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;; and (iiic) whether that Xxxxxx 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 intodocument, made or executed in anticipation of, under or in connection with any Finance Document; and (iv) 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. 36.23.2 The GIEK Lender and the K-sure Lenders (a) Without affecting the responsibility of the Obligors for information supplied by it or on its behalf in connection with any Finance Document, the GIEK Lender and the K-sure Lenders confirm to the Agent that they have been, and will continue to be, solely responsible for making their own independent appraisal and investigation of all risks arising under or in connection with the GIEK Guarantee and/or the K-sure Insurance Policy (as the case may be). (b) The GIEK Lender and the K-sure Lenders shall vote and otherwise act in accordance with any instructions received by it is acting for its own account, from GIEK and it has made its own independent decisions K-sure respectively. To the extent that GIEK and K-sure consents to enter into the Finance Documents and as to whether the transactions contemplated thereby are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary; (c) it is not relying on any communication (written or oral) of the Facility Agent as investment advice or as a recommendation to enter into any Finance Document or the transactions contemplated by the Finance Documents; it being understood that information and explanations related amendments to the terms and conditions of a Finance Document GIEK Guarantee and/or the transactions contemplated by K-sure Insurance Policy, respectively, the Finance Documents GIEK Lender and the K-sure Lenders shall not be considered investment advice or a recommendation seek to enter into that document or transaction obtain written confirmations from GIEK and no communication (written or oral) received from the Facility Agent shall be deemed K-sure, respectively, evidencing such consents, such confirmations to be an assurance or guarantee as forwarded to the expected results of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance DocumentsAgent.

Credit appraisal by the Lenders. (a) 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 Facility Agent, the Security Agent that: (a) and 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 includingincluding but not limited to: (i1) the financial condition, creditworthiness, condition, affairs, status and nature of the Borrowereach Obligor; (ii2) 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; (iii3) whether that Xxxxxx 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 (iv4) the adequacy, accuracy and/or completeness of the Information Memorandum and any other 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. (b) Each Lender confirms to each other Finance Party that it is acting for its own accounthas not relied, and it has made will not rely, on any other Finance Party: (1) to check or enquire on its own independent decisions to enter behalf into the Finance Documents and as to whether the transactions contemplated thereby are appropriate adequacy, accuracy or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary; (c) it is not relying completeness of any information provided by or on behalf of any communication (written or oral) of the Facility Agent as investment advice or as a recommendation to enter into Obligor in connection with any Finance Document or the transactions contemplated by the Finance Documents; it being understood that information and explanations related to the terms and conditions of a Finance Document and/or the transactions contemplated by in the Finance Documents shall (whether or not be considered investment advice such information has been or a recommendation is after the date of this Agreement circulated to enter into such Lender by another Finance Party); or (2) to assess or keep under review on its behalf the financial condition, creditworthiness, condition, affairs, status or nature of any Obligor. (c) Each Lender acknowledges that document or transaction and no communication (written or oral) received from none of the Facility Agent, Security Agent or Arrangers has made any representation or warranty to it, and that no act by an Agent taken in the future, including any review of the affairs of the Group, shall be deemed to be an assurance constitute any representation or guarantee as warranty by such Agent to the expected results of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance Documentsany Lender.

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 Senior Finance Document, each Lender confirms to the Facility each Financing Agent and Arranger and Issuing Lender that: (a) it has not relied on any information or representation or warranty provided by any other Finance Party in connection with the Senior Finance Documents; (b) 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 Senior Finance Document Document, including, but not limited to: (i) the financial condition, creditworthinessstatus, condition, affairs, status creditworthiness and nature of each Group Company and that it has not and will not rely on any Financing Agent or Arranger or the BorrowerIssuing Lender to provide it with any information concerning such matters save for any which any Financing Agent or Arranger or the Issuing Lender is expressly required to provide under this Clause 24 (The Agents and the other Finance Parties); (ii) the legality, validity, effectiveness, adequacy or enforceability of any Senior Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Senior Finance Document; (iii) whether that Xxxxxx 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 Senior Finance Document, the transactions contemplated by the Senior Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Senior Finance Document; and (iv) the adequacy, accuracy and/or completeness of the 2003 Syndication Information Memorandum, any other Syndication Information Memorandum and any other information provided by any Financing Agent or the Facility AgentIssuing Lender, any Party party or by any other person under or in connection with any Senior Finance Document, the transactions contemplated by the Senior Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Senior Finance Document. (b) it is acting for its own account, and it has made its own independent decisions to enter into the Finance Documents and as to whether the transactions contemplated thereby are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary;; and (c) it is not relying will decide whether to take or omit to take any action under a Senior Finance Document without reliance on any communication (written or oral) of the Facility Agent as investment advice or as a recommendation to enter into any other Finance Document or the transactions contemplated by the Finance Documents; it being understood that information and explanations related to the terms and conditions of a Finance Document and/or the transactions contemplated by the Finance Documents shall not be considered investment advice or a recommendation to enter into that document or transaction and no communication (written or oral) received from the Facility Agent shall be deemed to be an assurance or guarantee as to the expected results of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance DocumentsParty.

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 Facility Agent that: (a) Agent, the Issuing Bank, each Swingline Agent, each Swingline Lender 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 includingincluding but not limited to: (ia) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup; (iib) 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; (iiic) whether that Xxxxxx 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 (ivd) the adequacy, accuracy and/or completeness of the Debtdomain Information 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. (b) it is acting for its own account, and each Lender warrants to the Agent, the Issuing Bank, each Swingline Agent, each Swingline Lender and the Arranger that it has made its own independent decisions to enter into not relied on and will not at any time rely on the Finance Documents and as to whether Agent, the transactions contemplated thereby are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary; (c) it is not relying on any communication (written or oral) of Issuing Bank, the Facility Agent as investment advice or as a recommendation to enter into any Finance Document Swingline Agents, the Swingline Lenders or the transactions contemplated by the Finance Documents; it being understood that information and explanations related to the terms and conditions Arranger in respect of a Finance Document and/or the transactions contemplated by the Finance Documents shall not be considered investment advice or a recommendation to enter into that document or transaction and no communication (written or oral) received from the Facility Agent shall be deemed to be an assurance or guarantee as to the expected results any of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance Documentsthese matters.

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 Senior Finance Document, each Lender confirms to the Facility Agent each Financing Agent, Arranger and Issuing Lender that: (a) it has not relied on any information, representation or warranty provided by any other Finance Party in connection with the Senior Finance Documents; (b) 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 Senior Finance Document Document, including, but not limited to: (i) the financial condition, creditworthinessstatus, condition, affairs, status creditworthiness and nature of each Group Company and that it has not and will not rely on any Financing Agent or Arranger or the BorrowerIssuing Lender to provide it with any information concerning such matters save for any which any Financing Agent or Arranger or the Issuing Lender is expressly required to provide under this Clause 24 (The Agents and the other Finance Parties); (ii) the legality, validity, effectiveness, adequacy or enforceability of any Senior Finance Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Senior Finance Document; (iii) whether that Xxxxxx 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 Senior Finance Document, the transactions contemplated by the Senior Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Senior Finance Document; and (iv) the adequacy, accuracy and/or completeness of the Pxxxxxx Syndication Information Memorandum any other information provided by any Financing Agent or the Facility AgentIssuing Lender, any Party party or by any other person under or in connection with any Senior Finance Document, the transactions contemplated by the Senior Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Senior Finance Document. (b) it is acting for its own account, and it has made its own independent decisions to enter into the Finance Documents and as to whether the transactions contemplated thereby are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary;; and (c) it is not relying will decide whether to take or omit to take any action under a Senior Finance Document without reliance on any communication (written or oral) of the Facility Agent as investment advice or as a recommendation to enter into any other Finance Document or the transactions contemplated by the Finance Documents; it being understood that information and explanations related to the terms and conditions of a Finance Document and/or the transactions contemplated by the Finance Documents shall not be considered investment advice or a recommendation to enter into that document or transaction and no communication (written or oral) received from the Facility Agent shall be deemed to be an assurance or guarantee as to the expected results of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance DocumentsParty.

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 Facility Agent that: (a) 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 includingincluding but not limited to: (ia) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the BorrowerGroup or the FoundryCo Group; (iib) 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; (iiic) whether that Xxxxxx 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; (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 (ivf) the adequacy, accuracy and/or completeness of any information provided by communication delivered to it under any of the Facility 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 Documentotherwise and whether before, on or after the Signing Date. (b) it is acting for its own account, and it has made its own independent decisions to enter into the Finance Documents and as to whether the transactions contemplated thereby are appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary; (c) it is not relying on any communication (written or oral) of the Facility Agent as investment advice or as a recommendation to enter into any Finance Document or the transactions contemplated by the Finance Documents; it being understood that information and explanations related to the terms and conditions of a Finance Document and/or the transactions contemplated by the Finance Documents shall not be considered investment advice or a recommendation to enter into that document or transaction and no communication (written or oral) received from the Facility Agent shall be deemed to be an assurance or guarantee as to the expected results of that Finance Document and/or the transactions contemplated by the Finance Documents; and (d) it is capable of assuming, and does hereby assume, the financial and other risks relating to the Finance Documents and that it is capable of assessing the merits of and understanding (on its own behalf or through independent professional advice), and understands and accepts, the terms, conditions and risks of the Finance Documents and/or the transactions contemplated by the Finance Documents.