Common use of Credit appraisals Clause in Contracts

Credit appraisals. It is agreed by each Bank, by virtue of its execution of this Agreement or its accession to this Agreement, that it has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigations into the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group, and, accordingly, each Bank confirms to the Facility Agent, the Security Agent, and each Arranger and Underwriter that it: (a) does not enter into this Agreement nor accede to it on the basis of and has not relied on and will not rely on any statement, opinion, forecast or other representation (whether negligent or innocent) or warranty or other provision (in any case whether oral, written, express or implied) made by, or agreed to, the Facility Agent, the Security Agent, any Arranger, any Underwriter or any other Bank to induce it to enter into this Agreement or any other Finance Document except as expressly set out therein and the remedies available in respect of any such misrepresentation or untrue statement made to such Bank shall be limited to a claim for breach of contract under this Agreement; and (b) has not relied on and will not rely on the Facility Agent, the Security Agent, any Arranger, any Underwriter or any other Bank: (i) by the Facility Agent, the Security Agent, any Arranger or Underwriter or as the case may be any other Bank); or (ii) to assess or keep under review on its behalf the financial condition, creditworthiness, condition, affairs, status or nature of any member of the Group.

Credit appraisals. It is agreed by each Bank, by virtue of its execution of this Agreement or its accession to this Agreement, that it has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigations into the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group, and, accordingly, each Bank confirms to the Facility Agent, the Security Agent, and each Arranger and Underwriter that it: (a) does not enter into this Agreement nor accede to it on the basis of and has not relied on and will not rely on any statement, opinion, forecast or other representation (whether negligent or innocent) or warranty or other provision (in any case whether oral, written, express or implied) made by, or agreed to, the Facility Agent, the Security Agent, any Arranger, any Underwriter or any other Bank to induce it to enter into this Agreement or any other Finance Document except as expressly set out therein and the remedies available in respect of any such misrepresentation or untrue statement made to such Bank shall be limited to a claim for breach of contract under this Agreement; and (b) has not relied on and will not rely on the Facility Agent, the Security Agent, any Arranger, any Underwriter or any other Bank: (i) to check or enquire on its behalf into the adequacy, accuracy or completeness of any information provided by or on behalf of any member of the Group in connection with any Finance Document and/or the transactions contemplated in the Finance Documents (whether or not such information has been or is after the date of this Agreement circulated to such Bank by the Facility Agent, the Security Agent, any Arranger or Underwriter or as the case may be any other Bank); or (ii) to assess or keep under review on its behalf the financial condition, creditworthiness, condition, affairs, status or nature of any member of the Group.

Credit appraisals. It is agreed by each Bank, by virtue of its execution of this Agreement or its accession to this Agreement, that it has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigations into the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group, and, accordingly, each Bank confirms to the Facility Agent, the Security Agent, Agent and each Arranger and Underwriter that it: (a) does not enter into this Agreement nor accede to it on the basis of and has not relied on and will not rely on any statement, opinion, forecast or other representation (whether negligent or innocent) or warranty or other provision (in any case whether oral, written, express or implied) made by, or agreed to, the Facility Agent, the Security Agent, any Arranger, any Underwriter Arranger or any other Bank to induce it to enter into this Agreement or any other Finance Document except as expressly set out therein and the remedies available in respect of any such misrepresentation or untrue statement made to such Bank shall be limited to a claim for breach of contract under this Agreement; and (b) has not relied on and will not rely on the Facility Agent, the Security Agent, any Arranger, any Underwriter Arranger or any other Bank: (i) to check or enquire on its behalf into the adequacy, accuracy or completeness of any information provided by or on behalf of any member of the Group in connection with any Finance Document and/or the transactions contemplated in the Finance Documents (whether or not such information has been or is after the date of this Agreement circulated to such Bank by the Facility Agent, the Security Agent, Agent or any Arranger or Underwriter or as the case may be any other Bank); or (ii) to assess or keep under review on its behalf the financial condition, creditworthiness, condition, affairs, status or nature of any member of the Group. Provided that clause 20.5(a) shall not apply to any statement or representation made fraudulently, or to any provision of this Agreement which was induced by fraud for which the remedies available shall be all those available under English law.