Credit Decision; Disclosure of Information. Each Financing Party acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates to any Financing Party as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates have disclosed material information in their possession. Each Financing Party represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 Loan Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Appears in 6 contracts
Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO Trust)
Credit Decision; Disclosure of Information. Each Financing Secured Party acknowledges that neither none of the Administrative Agent nor any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereafter or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party the Borrower, the Parent, the Servicer, the Originators or any Affiliate thereofof their respective Affiliates, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Secured Party as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties and Borrower, the Parent, the Servicer, each Originator or their respective SubsidiariesAffiliates, 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 Borrower hereunder. Each Financing Secured Party also represents that it willshall, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Related 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 Borrower, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Financing Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall not have any duty or responsibility to provide any Financing Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower Borrower, the Parent, the Servicer, any Originator or any of its their respective Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysthe Agent-in-fact or AffiliatesRelated Persons.
Appears in 6 contracts
Samples: Receivables Funding and Administration Agreement (Td Synnex Corp), Receivables Funding and Administration Agreement (Td Synnex Corp), Receivables Funding and Administration Agreement (Synnex Corp)
Credit Decision; Disclosure of Information. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter or the Collateral Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Credit Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent and the Collateral Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Credit Parties and their respective Subsidiaries, 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 Borrower and the other Credit Parties hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan 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 BorrowerBorrower and the other Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent hereinor the Collateral Agent under the Credit Documents, neither the Administrative Agent nor the Collateral Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Borrower Credit Parties or any of its their respective Affiliates which that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Amerigroup Corp), Credit Agreement (Accredo Health Inc)
Credit Decision; Disclosure of Information. BY ADMINISTRATIVE AGENT. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party the Borrower or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties Borrower and their respective its Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 2 contracts
Samples: Credit Agreement (Citgo Petroleum Corp), Term Loan Agreement (Citgo Petroleum Corp)
Credit Decision; Disclosure of Information. Each Financing Party acknowledges that neither the Administrative Agent Agents nor any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates to any Financing Party as to any matter, including whether the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates have disclosed material information in their possession. Each Financing Party represents to the Administrative Agent Agents that it has, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 Loan Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party also represents that it will, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties by the Administrative Agent herein, the Administrative neither Agent shall not have any duty or responsibility to provide any Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates which may come into the possession of the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Appears in 2 contracts
Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO LLC)
Credit Decision; Disclosure of Information. BY THE ADMINISTRATIVE AGENT. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Borrower Loan Parties or any of its their respective Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 1 contract
Samples: Credit Agreement (Levi Strauss & Co)
Credit Decision; Disclosure of Information. Each Financing Party acknowledges that neither the Administrative Agent Agents nor any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates to any Financing Party as to any matter, including whether the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates have disclosed material information in their possession. Each Financing Party represents to the Administrative Agent Agents that it has, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the 63 business, prospects, operations, property, financial and other condition and creditworthiness of the Loan Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party also represents that it will, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties by the Administrative Agent herein, the Administrative neither Agent shall not have any duty or responsibility to provide any Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates which may come into the possession of the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Appears in 1 contract
Credit Decision; Disclosure of Information. Each Financing Secured Party acknowledges that neither none of the Administrative Agent nor any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereafter or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party the Borrower, the Parent, the Servicer, the Originators or any Affiliate thereofof their respective Affiliates, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Secured Party as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties and Borrower, the Parent, the Servicer, each Originator or their respective SubsidiariesAffiliates, 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 Borrower hereunder. Each Financing Secured Party also represents that it willshall, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 Loan Related 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 Borrower, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Financing Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall not have any duty or responsibility to provide any Financing Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower Borrower, the Parent, the Servicer, any Originator or any of its their respective Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysthe Agent-in-fact or AffiliatesRelated Persons.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)
Credit Decision; Disclosure of Information. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent or the Collateral Agent hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Credit Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent and the Collateral Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Credit Parties and their respective Subsidiaries, 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 Borrower and the other Credit Parties hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan 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 BorrowerBorrower and the other Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent hereinor the Collateral Agent under the Credit Documents, neither the Administrative Agent nor the Collateral Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Borrower Credit Parties or any of its their respective Affiliates which that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 1 contract
Credit Decision; Disclosure of Information. BY ADMINISTRATIVE AGENT. Each Financing Party Lender and participant acknowledges that neither the no Administrative Agent nor any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party Borrower or any Affiliate thereofof its Subsidiaries or Affiliates, shall be deemed to constitute any representation or warranty by the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender or participant as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender, including any Lender by assignment, and each participant represents to the Administrative Agent that it has, independently and without reliance upon the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties any Borrower and their respective Subsidiariesits Subsidiaries and Affiliates, 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 any Borrower hereunder. Each Financing Party Lender and participant also represents that it will, independently and without reliance upon the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan DocumentsCompany Guaranty, 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 Borrowerany Borrower and its Subsidiaries and Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party Lender or participant with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the any Borrower or any of its Subsidiaries or Affiliates which may come into the possession of the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 1 contract
Credit Decision; Disclosure of Information. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Credit Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Credit Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Credit Agreement and to extend credit to the Borrower Borrowers hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan 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 BorrowerBorrowers and the other Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Borrower Credit Parties or any of its their respective Affiliates which that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 1 contract
Samples: Credit Agreement (Bioreliance Corp)
Credit Decision; Disclosure of Information. Each Financing Party acknowledges that neither the Administrative Agent Agents nor any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates to any Financing Party as to any matter, including whether the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates have disclosed material information in their possession. Each Financing Party represents to the Administrative Agent Agents that it has, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the 77 business, prospects, operations, property, financial and other condition and creditworthiness of the Loan Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party also represents that it will, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties by the Administrative Agent herein, the Administrative neither Agent shall not have any duty or responsibility to provide any Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates which may come into the possession of the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Appears in 1 contract
Credit Decision; Disclosure of Information. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Credit Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Credit Parties and their respective Subsidiaries, 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 Borrower Credit Parties hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 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 BorrowerCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent hereinunder the Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Borrower Credit Parties or any of its their respective Affiliates which that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 1 contract
Samples: Revolving Credit Agreement (Caci International Inc /De/)
Credit Decision; Disclosure of Information. BY THE ADMINISTRATIVE AGENT. Each Financing Party Bank acknowledges that neither none of the Administrative Agent nor any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereafter hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereofthe Fund, shall be deemed to constitute any representation or warranty by the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Bank as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Bank, including any Bank by assignment, represents to the Administrative Agent that it has, independently and without reliance upon the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties and their respective SubsidiariesFund, 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 Borrower Fund hereunder. Each Financing Party Bank also represents that it will, independently and without reliance upon the any Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan 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 BorrowerFund. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Banks by the Administrative Agent herein, the Administrative Agent shall not have any duty or responsibility to provide any Financing Party Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates Fund which may come into the possession of any of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or AffiliatesAgent- Related Persons.
Appears in 1 contract
Samples: Credit Agreement (Liberty Floating Rate Advantage Fund)
Credit Decision; Disclosure of Information. Each Financing Secured Party acknowledges that neither none of the Administrative Agent nor any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereafter or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party the Borrower, the Parent, the Servicer, the Originators or any Affiliate thereofof their respective Affiliates, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Secured Party as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person and based on such documents and information as it has deemed 744861979 10435078 appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Loan Parties and Borrower, the Parent, the Servicer, each Originator or their respective SubsidiariesAffiliates, 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 Borrower hereunder. Each Financing Secured Party also represents that it willshall, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Related 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 Borrower, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Financing Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall not have any duty or responsibility to provide any Financing Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower Borrower, the Parent, the Servicer, any Originator or any of its their respective Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysthe Agent-in-fact or AffiliatesRelated Persons.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)
Credit Decision; Disclosure of Information. Each Financing Party acknowledges that neither the Administrative Agent Agents nor any of its their officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliates to any Financing Party as to any matter, including whether the Administrative Agent Agents or any of its officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliates have disclosed material information in their possession. Each Financing Party represents to the Administrative Agent Agents that it has, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliates 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 Loan Parties and their respective Subsidiaries, and all applicable bank or other regulatory Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Financing Party also represents that it will, independently and without reliance upon the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliates 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 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 Borrower. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties by the Administrative Agent herein, the Administrative neither Agent shall not have any duty or responsibility to provide any Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower or any of its Affiliates which may come into the possession of the Administrative Agent Agents or any of its their officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliates.
Appears in 1 contract
Credit Decision; Disclosure of Information. Each Financing Party Lender acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneysno Agent-in-fact or Affiliates Related Person has made any representation or warranty to it, and that no act by the Administrative Agent hereafter or the Collateral Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Credit Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Party Lender as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Lender represents to the Administrative Agent and the Collateral Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Credit Parties and their respective Subsidiaries, 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 Borrower and the other Credit Parties hereunder. Each Financing Party Lender also represents that it will, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan 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 BorrowerBorrower and the other Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Financing Parties Lenders by the Administrative Agent hereinor the Collateral Agent under the Credit Documents, neither the Administrative Agent nor the Collateral Agent shall not have any duty or responsibility to provide any Financing Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Borrower Credit Parties or any of its their respective Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or AffiliatesRelated Person.
Appears in 1 contract
Samples: Credit Agreement (Ameripath Inc)
Credit Decision; Disclosure of Information. Each Financing Secured Party acknowledges that neither none of the Administrative Agent nor any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereafter or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of any Loan Party the Borrower, the Parent, the Servicer, the Originators or any Affiliate thereofof their respective Affiliates, shall be deemed to constitute any representation or warranty by the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Person to any Financing Secured Party as to any matter, including whether the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates Related Persons have disclosed material information in their possession. Each Financing Party Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Parties and Borrower, the Parent, the Servicer, each Originator or their respective SubsidiariesAffiliates, 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 Borrower hereunder. Each Financing Secured Party also represents that it willshall, independently and without reliance upon the Administrative Agent or any of its officers, directors, employees, agents, attorneysAgent-in-fact or Affiliates 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 Loan Related 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 Borrower, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Financing Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall not have any duty or responsibility to provide any Financing Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower 58 Borrower, the Parent, the Servicer, any Originator or any of its their respective Affiliates which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneysthe Agent-in-fact or AffiliatesRelated Persons.
Appears in 1 contract
Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)