Common use of Disclosures; Non-Reliance Clause in Contracts

Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Debt or Lender Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a Debtor's title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (RBX Corp)

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Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each any Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Debt or Lender Senior Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a any Debtor's title to or right to transfer any of the Collateralcollateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Summit Global Logistics, Inc.)

Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Borrower and no neither Collateral Agent nor any Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Term Loan Debt or Lender Revolving Loan Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a DebtorBorrower's title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Collateral Agency and Intercreditor Agreement (Anchor Glass Container Corp /New)

Disclosures; Non-Reliance. Each Creditor Lender has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor and no Creditor Lender shall have any obligation or duty to disclose any such information to any other CreditorLender. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Term Loan Debt or Lender Revolving Loan Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a any Debtor's title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Huffy Corp)

Disclosures; Non-Reliance. Each Creditor Agent and each Noteholder has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Company and no Creditor Agent nor any Noteholder shall have any obligation or duty to disclose any such information to any the other CreditorAgent or other Noteholders (except as required by the Agreements). Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Bridge Note Debt or Lender the Exchanged Note Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a Debtor's any Transaction Party’s title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Nanogen Inc)

Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Debt or Lender Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a Debtor's title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor and Collateral Agency Agreement (RBX Corp)

Disclosures; Non-Reliance. Each Creditor Lender has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Debtors and no Creditor Lender shall have any obligation or duty to disclose any such information to any other CreditorLender. Except as expressly set forth in this Intercreditor AgreementAgreement and in the Agreements, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Supplemental Loan Debt or Lender Revolving Loan Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a Debtor's the title of any Debtor to or the right of any Debtor to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Penn Traffic Co)

Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Debtors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Revolving Loan Debt or Lender the Noteholder Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a any Debtor's or Obligors' title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Block 7932 Inc)

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Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each any Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Debt or Lender Senior Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a any Debtor's title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Aerobic Creations, Inc.)

Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Borrower and the other Obligors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Debt Junior Lien Obligations or Lender Debt the First Lien Obligations or any guarantee or security which may have been granted to any of them in connection therewith, (b) a Debtor's Borrower’s or any other Obligors’ title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (CURO Group Holdings Corp.)

Disclosures; Non-Reliance. Each Creditor has the means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Debtors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Revolving Loan Debt or Lender the Noteholder Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a any Debtor's ’s or Obligors’ title to or right to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Atlantic Express Transportation Corp)

Disclosures; Non-Reliance. Each Secured Creditor has the -------------------------- means to, and ------------------------- shall in the future remain, fully informed as to the financial condition and other affairs of each Debtor Obligors and no Secured Creditor shall have any obligation or duty to disclose any such information to any other Secured Creditor. Except as expressly set forth in this Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Noteholder Debt or Lender Revolving Loan Debt or any guarantee or security which may have been granted to any of them in connection therewith, (b) a Debtor's the title of any Obligor to or the right of any Obligor to transfer any of the Collateral, or (c) any other matter except as expressly set forth in this Intercreditor Agreement.

Appears in 1 contract

Samples: Intercreditor Agreement (Charys Holding Co Inc)

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