Common use of Credit Decision; Disclosure of Information Clause in Contracts

Credit Decision; Disclosure of Information. Each Secured Party acknowledges that none of the Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Party also represents that it shall, independently and without reliance upon any 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 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 Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, any Originator or their respective Affiliates which may come into the possession of any of the Agent-Related Persons.

Appears in 7 contracts

Samples: Receivables Funding and Administration Agreement (Td Synnex Corp), Receivables Funding and Administration Agreement (Td Synnex Corp), Receivables Funding and Administration Agreement (Td Synnex Corp)

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Credit Decision; Disclosure of Information. Each Secured Financing Party acknowledges that none neither the Administrative Agent nor any of the Agentits officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by the Administrative Agent or any Agentof its officers, directors, employees, agents, attorneys-Related Person in-fact or Affiliates to any Secured Financing Party as to any matter, including whether the AgentAdministrative Agent or any of its officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, Financing Party represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon the Administrative Agent or any Agentof its officers, directors, employees, agents, attorneys-Related Person 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Financing Party also represents that it shallwill, independently and without reliance upon the Administrative Agent or any Agentof its officers, directors, employees, agents, attorneys-Related Person 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Financing 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 Secured Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, Borrower or any Originator or their respective of its Affiliates which may come into the possession of the Administrative Agent or any of the Agentits officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.

Appears in 6 contracts

Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO Trust), Loan Agreement (Macquarie Infrastructure CO LLC)

Credit Decision; Disclosure of Information. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing the Collateral Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Credit Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing the Collateral Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator or Credit Parties and their respective AffiliatesSubsidiaries, 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 and the other Credit Parties hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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 Borrower, Borrower and the Parent, the Servicer or the Originatorsother Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders by the Administrative Agent or any Managing the Collateral Agent hereinunder the Credit Documents, neither the Administrative Agent nor any Managing the Collateral Agent shall have any duty or responsibility to provide any Secured 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, the Parent, the Servicer, Credit Parties or any Originator or of their respective Affiliates which that may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Amerigroup Corp), Credit Agreement (Accredo Health Inc)

Credit Decision; Disclosure of Information. Each Secured Financing Party acknowledges that none neither the Agents nor any of the Agenttheir officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by the Agents or any Agentof its officers, directors, employees, agents, attorneys-Related Person in-fact or Affiliates to any Secured Financing Party as to any matter, including whether the AgentAgents or any of its officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, Financing Party represents to the Administrative Agent and its Managing Agent Agents that it has, independently and without reliance upon the Agents or any Agentof their officers, directors, employees, agents, attorneys-Related Person 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Financing Party also represents that it shallwill, independently and without reliance upon the Agents or any Agentof their officers, directors, employees, agents, attorneys-Related Person 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Financing Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, Borrower or any Originator or their respective of its Affiliates which may come into the possession of the Agents or any of the Agenttheir officers, directors, employees, agents, attorneys-Related Personsin-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 ADMINISTRATIVE AGENT. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators Borrower or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator or their respective AffiliatesBorrower and its 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 hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders 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 Secured Party Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, Borrower or any Originator or their respective of its Affiliates which may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 2 contracts

Samples: Credit Agreement (Citgo Petroleum Corp), Term Loan Agreement (Citgo Petroleum Corp)

Credit Decision; Disclosure of Information. BY THE ADMINISTRATIVE AGENT. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders 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 Secured 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, the Parent, the Servicer, Loan Parties or any Originator or of their respective Affiliates which may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Credit Agreement (Levi Strauss & Co)

Credit Decision; Disclosure of Information. Each Secured Party acknowledges that none of the Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Party also represents that it shall, independently and without reliance upon any Agent-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 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 Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, any Originator or their respective Affiliates which may come into the possession of any of the Agent-Related Persons.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)

Credit Decision; Disclosure of Information. Each Secured Financing Party acknowledges that none neither the Agents nor any of the Agenttheir officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by the Agents or any Agentof its officers, directors, employees, agents, attorneys-Related Person in-fact or Affiliates to any Secured Financing Party as to any matter, including whether the AgentAgents or any of its officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, Financing Party represents to the Administrative Agent and its Managing Agent Agents that it has, independently and without reliance upon the Agents or any Agentof their officers, directors, employees, agents, attorneys-Related Person 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Financing Party also represents that it shallwill, independently and without reliance upon the Agents or any Agentof their officers, directors, employees, agents, attorneys-Related Person 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Financing Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, Borrower or any Originator or their respective of its Affiliates which may come into the possession of the Agents or any of the Agenttheir officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

Credit Decision; Disclosure of Information. Each Secured Party acknowledges that none of the Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Party also represents that it shall, independently and without reliance upon any 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 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 Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the 58 Borrower, the Parent, the Servicer, any Originator or their respective Affiliates which may come into the possession of any of the Agent-Related Persons.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)

Credit Decision; Disclosure of Information. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing the Collateral Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Credit Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing the Collateral Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator or Credit Parties and their respective AffiliatesSubsidiaries, 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 and the other Credit Parties hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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 Borrower, Borrower and the Parent, the Servicer or the Originatorsother Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders by the Administrative Agent or any Managing the Collateral Agent hereinunder the Credit Documents, neither the Administrative Agent nor any Managing the Collateral Agent shall have any duty or responsibility to provide any Secured 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, the Parent, the Servicer, Credit Parties or any Originator or of their respective Affiliates which that may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Credit Agreement (Iasis Healthcare Corp)

Credit Decision; Disclosure of Information. Each Secured Financing Party acknowledges that none neither the Agents nor any of the Agent-Related Persons 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 or any Managing Agent hereinafter Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by the Agents or any Agent-Related Person of its officers, directors, employees, agents, attorneys in fact or Affiliates to any Secured Financing Party as to any matter, including whether the Agent-Related Persons Agents or any of its officers, directors, employees, agents, attorneys in fact or Affiliates have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, Financing Party represents to the Administrative Agent and its Managing Agent Agents that it has, independently and without reliance upon the Agents or any Agent-Related Person of 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Financing Party also represents that it shallwill, independently and without reliance upon the Agents or any Agent-Related Person of 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Financing Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, Borrower or any Originator or their respective of its Affiliates which may come into the possession of the Agents or any of the Agent-Related Personstheir officers, directors, employees, agents, attorneys in fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

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Credit Decision; Disclosure of Information. BY THE ADMINISTRATIVE AGENT. Each Secured Party Bank 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 or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators or any of their respective AffiliatesFund, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Secured Party Bank as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Secured PartyBank, including any Lender Bank by assignment, represents to the Administrative Agent and its Managing 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 Borrower, the Parent, the Servicer, each Originator or their respective AffiliatesFund, 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 Borrower Fund hereunder. Each Secured Party Bank 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 Related 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 Borrower, the Parent, the Servicer or the OriginatorsFund. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Banks 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 Secured Party Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, any Originator or their respective Affiliates Fund which may come into the possession of any of the Agent-Administrative Agent- Related Persons.

Appears in 1 contract

Samples: Credit Agreement (Liberty Floating Rate Advantage Fund)

Credit Decision; Disclosure of Information. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing the Collateral Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Credit Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing the Collateral Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator or Credit Parties and their respective AffiliatesSubsidiaries, 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 and the other Credit Parties hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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 Borrower, Borrower and the Parent, the Servicer or the Originatorsother Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders by the Administrative Agent or any Managing the Collateral Agent hereinunder the Credit Documents, neither the Administrative Agent nor any Managing the Collateral Agent shall have any duty or responsibility to provide any Secured 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, the Parent, the Servicer, Credit Parties or any Originator or of their respective Affiliates which may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Credit Agreement (Ameripath Inc)

Credit Decision; Disclosure of Information. Each Secured Financing Party acknowledges that none neither the Agents nor any of the Agenttheir officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter Agents hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Loan Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by the Agents or any Agentof its officers, directors, employees, agents, attorneys-Related Person in-fact or Affiliates to any Secured Financing Party as to any matter, including whether the AgentAgents or any of its officers, directors, employees, agents, attorneys-Related Persons in-fact or Affiliates have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, Financing Party represents to the Administrative Agent and its Managing Agent Agents that it has, independently and without reliance upon the Agents or any Agentof their officers, directors, employees, agents, attorneys-Related Person 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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Financing Party also represents that it shallwill, independently and without reliance upon the Agents or any Agentof their officers, directors, employees, agents, attorneys-Related Person 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 Related 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, the Parent, the Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Security Financing Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Financing Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, Borrower or any Originator or their respective of its Affiliates which may come into the possession of the Agents or any of the Agenttheir officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

Credit Decision; Disclosure of Information. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Credit Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator or Credit 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 Credit Agreement and to extend credit to the Borrower Borrowers hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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 Borrower, Borrowers and the Parent, the Servicer or the Originatorsother Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders 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 Secured 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, the Parent, the Servicer, Credit Parties or any Originator or of their respective Affiliates which that may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Credit Agreement (Bioreliance Corp)

Credit Decision; Disclosure of Information. Each Secured Party acknowledges that none of the Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators or any of their respective Affiliates, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any Agent-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 Borrower, the Parent, the Servicer, each Originator 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 Borrower hereunder. Each Secured Party also represents that it shall, independently and without reliance upon any 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 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 Security Parties by the Administrative Agent or any Managing Agent herein, neither the Administrative Agent nor any Managing Agent shall have any duty or responsibility to provide any Secured Party with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, any Originator or their respective Affiliates which may come into the possession of any of the Agent-Related Persons.

Appears in 1 contract

Samples: Receivables Funding and Administration Agreement (Td Synnex Corp)

Credit Decision; Disclosure of Information. Each Secured Party Lender acknowledges that none of the no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Credit Party or any of their respective AffiliatesAffiliate thereof, shall be deemed to constitute any representation or warranty by any Agent-Related Person to any Secured Party Lender as to any matter, including whether the Agent-Related Persons have disclosed material information in their possession. Each Secured Party, including any Lender by assignment, represents to the Administrative Agent and its Managing Agent that it has, independently and without reliance upon any 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 Borrower, the Parent, the Servicer, each Originator or Credit Parties and their respective AffiliatesSubsidiaries, 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 Credit Parties hereunder. Each Secured Party Lender also represents that it shallwill, independently and without reliance upon any 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 Related 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, the Parent, the Servicer or the OriginatorsCredit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders by the Administrative Agent or any Managing Agent hereinunder the Loan Documents, neither the Administrative Agent nor any Managing Agent shall not have any duty or responsibility to provide any Secured 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, the Parent, the Servicer, Credit Parties or any Originator or of their respective Affiliates which that may come into the possession of any of the Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Revolving Credit Agreement (Caci International Inc /De/)

Credit Decision; Disclosure of Information. BY ADMINISTRATIVE AGENT. Each Secured Party Lender and participant 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 or any Managing Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, the Parent, the Servicer, the Originators any Borrower or any of their respective its Subsidiaries or Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Secured Party Lender or participant as to any matter, including whether the Administrative Agent-Related Persons have disclosed material information in their possession. Each Secured PartyLender, including any Lender by assignment, and each participant represents to the Administrative Agent and its Managing 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 Borrower, the Parent, the Servicer, each Originator or their respective any Borrower and its Subsidiaries and 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 any Borrower hereunder. Each Secured Party Lender and participant 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 Related 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 Borrower, the Parent, the Servicer or the Originatorsany Borrower and its Subsidiaries and Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Security Parties Lenders 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 Secured Party Lender or participant with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Borrower, the Parent, the Servicer, any Originator Borrower or their respective any of its Subsidiaries or Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Samples: Credit Agreement (Dole Food Company Inc)

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