Common use of Credit Decision; Disclosure of Information by the Administrative Agent Clause in Contracts

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent acknowledges that none of the Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or their respective Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV hereunder. Each Investor and Funding Agent also represents that it shall, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPV, the Master Servicer, the Originators or their respective Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 9 contracts

Samples: Transfer and Administration Agreement (Arrow Electronics Inc), Transfer and Administration Agreement (Arrow Electronics Inc), Transfer and Administration Agreement (Arrow Electronics Inc)

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Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the Administrative no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators Borrower or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or their respective AffiliatesBorrower and its Subsidiaries, and all applicable bank or other regulatory laws Requirement of Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Credit Agreement and to extend credit to the SPV Borrower hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Credit Agreement and the other Transaction Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the OriginatorsBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPV, the Master Servicer, the Originators Borrower or their respective any of its Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 7 contracts

Samples: Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc), Credit Agreement (Baker Hughes Inc)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the Administrative no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or Loan Parties and their respective AffiliatesSubsidiaries, and all applicable bank or other regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV Borrower and the other Loan Parties hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, Borrower and the Master Servicer or the Originatorsother Loan Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the SPV, the Master Servicer, the Originators Loan Parties or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 6 contracts

Samples: Credit Agreement (Amryt Pharma PLC), Credit Agreement (Amryt Pharma PLC), Restructuring Support Agreement (Novelion Therapeutics Inc.)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the Administrative no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or Loan Parties and their respective AffiliatesSubsidiaries, and all applicable bank or other regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV Borrower hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the OriginatorsBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the SPV, the Master Servicer, the Originators Loan Parties or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 2 contracts

Samples: Credit Agreement (Levi Strauss & Co), Revolving Credit Agreement (Libbey Inc)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent acknowledges The Lenders acknowledge that none of the Administrative Agent-Related Persons Agent has not made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators or any of their respective AffiliatesBorrower, shall be deemed to constitute any representation or warranty by any the Administrative Agent-Related Person Agent to any Investor or Funding Agent a Lender as to any matter, including whether the Administrative Agent-Related Persons have Agent has disclosed material information in their its possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or their respective AffiliatesBorrower, and all applicable bank or other regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Credit Agreement and to extend credit to the SPV hereunderBorrower. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Credit Agreement and the other Transaction Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the OriginatorsBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent the Lenders with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPV, the Master Servicer, the Originators or their respective Affiliates Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Cowen Group, Inc.)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the Administrative Agent-Related Persons no Agent‑Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators Borrowers or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Agent‑Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Agent‑Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Agent‑Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or Borrowers and their respective AffiliatesSubsidiaries, and all applicable bank or other regulatory laws Requirement of Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Credit Agreement and to extend credit to the SPV Borrowers hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Agent‑Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Credit Agreement and the other Transaction Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the OriginatorsBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPV, the Master Servicer, the Originators Borrowers or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsAgent‑Related Person.

Appears in 1 contract

Samples: Credit Agreement (PNM Resources Inc)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent acknowledges that none of the Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or their respective Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV hereunder. Each Investor and Funding Agent also represents that it shall, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Exhibit 10(j) property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPV, the Master Servicer, the Originators or their respective Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Samples: Transfer and Release Agreement (Arrow Electronics Inc)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the Administrative no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or Loan Parties and their respective AffiliatesSubsidiaries, and all applicable bank or other regulatory laws Laws relating to the transactions contemplated hereby, and made its own 86 decision to enter into this Agreement and to extend credit to the SPV Borrowers hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer or the OriginatorsBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the SPV, the Master Servicer, the Originators Loan Parties or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Libbey Inc)

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Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the no Administrative Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPVBorrower, the Master Servicer, the Originators any Guarantor or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPVBorrower, the Master Servicer, the Originators or Guarantors and their respective AffiliatesSubsidiaries, and all applicable bank or other regulatory laws Applicable Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV Borrower hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, Borrower and the Master Servicer or the OriginatorsGuarantors. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPV, Borrower or any of the Master Servicer, the Originators Guarantors or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Loan Agreement (Medcath Corp)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent Lender acknowledges that none of the Administrative Agent-Related Persons no Agent‑Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPV, the Master Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Agent‑Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Agent‑Related Persons have disclosed material information in their possession. Each Investor and Funding Agent, including any Investor or Funding Agent by assignment, Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Agent‑Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer, the Originators or Loan Parties and their respective AffiliatesSubsidiaries, and all applicable bank or other regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV Borrower and the other Loan Parties hereunder. Each Investor and Funding Agent Lender also represents that it shallwill, independently and without reliance upon any Administrative Agent-Related Agent‑Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, Borrower and the Master Servicer or the Originatorsother Loan Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the SPV, the Master Servicer, the Originators Loan Parties or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsAgent‑Related Person.

Appears in 1 contract

Samples: Bridge Credit Agreement (Novelion Therapeutics Inc.)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor and Funding Agent of the Lenders acknowledges that none of the Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPVany Diamond Resorts Party, the Master Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor or Funding Agent Lender as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding Agentof the Lenders, including any Investor or Funding Agent Lender by assignment, represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPVeach Diamond Resorts Party, the Master Servicer, the Originators or their respective Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV Borrower hereunder. Each Investor and Funding Agent of the Lenders also represents that it shall, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPV, the Master Servicer each Diamond Resorts Party or the Originatorstheir respective Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or the Funding Agents Lenders by the Administrative Agent hereinhereunder, the Administrative Agent shall not have any duty or responsibility to provide any Investor or Funding Agent Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPVany Diamond Resorts Party, the Master Servicer, the Originators or their respective Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Samples: Loan Agreement (Diamond Resorts International, Inc.)

Credit Decision; Disclosure of Information by the Administrative Agent. Each Investor Purchaser and Funding Agent the Insurer acknowledges that none of the Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the SPVTransferor, the Master Servicer, Seller or the Originators Servicer or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Investor Purchaser or Funding Agent the Insurer as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Investor and Funding AgentPurchaser, including any Investor or Funding Agent Purchaser by assignment, and the Insurer represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the SPVTransferor, the Master Servicer, Seller or the Originators Servicer or any of their respective Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the SPV Seller hereunder. Each Investor Purchaser and Funding Agent the Insurer also represents that it shall, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the SPVTransferor, the Master Servicer Seller or the OriginatorsServicer. Except for notices, reports and other documents expressly herein required to be furnished to the Investors or Purchasers and the Funding Agents Insurer by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Investor Purchaser or Funding Agent the Insurer with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the SPVTransferor, the Master Servicer, Seller or the Originators Servicer or any of their respective Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Raytheon Co/)

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