Common use of Due Diligence and Non-Reliance Clause in Contracts

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligor, any Collateral, or the legality, validity, sufficiency, or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, and information as such Lender deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the any Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor Loan Party and its own decision to enter into this Agreement and to fund Revolving Loans and participate in US LC Obligations and/or Canadian LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor Loan Party as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent Agents have made no representations or warranties concerning any ObligorLoan Party, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the AgentAgents, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in US LC Obligations and/or Canadian LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the no Agent shall have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the any Agent by any Obligor Loan Party or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor Loan Party (or any of its Affiliates) which may come into possession of the Applicable Agent or any of the such Agent’s AffiliatesAffiliates or branches.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent, Collateral Agent, Documentation Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Revolver Loans and participate in LC Obligations hereunder. Each Lender Secured Party has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessaryObligors. Each Lender further Secured Party acknowledges and agrees that the other Lenders and the Agent Secured Parties have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender Secured Party will, independently and without reliance upon the any other Lenders or the AgentSecured Party, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Revolver Loans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the none of Agent, Collateral Agent or Documentation Agent shall have no any duty or responsibility to provide any Lender Secured Party with any notices, reports, reports or certificates furnished to the Agent, Collateral Agent or Documentation Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent, Collateral Agent, Documentation Agent or any of the Agent’s their respective Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Administrative Agent or any other LendersLenders or any of their respective Related Parties, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunderLoans. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Administrative Agent and their respective Related Parties have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the AgentAdministrative Agent or any of their respective Related Parties, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Administrative Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Administrative Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Administrative Agent or any of the Administrative Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the any Agent, any Collateral Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC L/C Obligations hereunder. Each Lender has made such inquiries concerning the Loan Credit Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders Lenders, Collateral Agents and the Agent Agents have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Credit Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the AgentAgents, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC L/C Obligations, and in taking or refraining from any action under any Loan Credit Documents. Except for notices, reports, reports and other information expressly requested by a LenderLender or that an Agent has expressly agreed to provide Lenders herein, the no Agent nor any Collateral Agent shall have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the such Agent or such Collateral Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the such Agent or such Collateral Agent or any of the such Agent’s Affiliatesor Collateral Agent’s Affiliates or branches.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent Agent, Australian Security Trustee or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor Loan Party and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations Letters of Credit hereunder. Each Lender (and Bank Product Provider) has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessaryLoan Parties. Each Lender further (and Bank Product Provider) acknowledges and agrees that the other Lenders (and the Agent Bank Product Providers) have made no representations or warranties concerning any ObligorLoan Party, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender (and Bank Product Provider) will, independently and without reliance upon the any other Lenders Lender (or the AgentBank Product Provider), and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsLetters of Credit, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender (or Bank Product Provider) with any notices, reports, reports or certificates furnished to the Agent by any Obligor Loan Party or any credit or other information concerning the affairs, financial condition, business, business or Properties properties of any Obligor Loan Party (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates-Related Person.

Due Diligence and Non-Reliance. Each Lender Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other LendersBank, and based upon such documents, information, and analyses as it has deemed appropriate, made its own credit analysis of each Obligor Borrower and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender Bank has made such inquiries concerning the Loan Documents, the Collateral, and each Obligor Borrower as such Lender Bank feels necessary. Each Lender Bank further acknowledges and agrees that the other Lenders Banks and the Agent have made no representations or warranties concerning any Obligor, any CollateralObligor or Subsidiary, or the legality, validity, sufficiency, or enforceability of any Loan Documents or Obligations. Each Lender Bank will, independently and without reliance upon the other Lenders Banks or the Agent, and based upon such financial statements, documents, and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, Letters of Credit and in taking or refraining from any action under any Loan Documents. Except as expressly required hereby and except for notices, reports, and other information expressly requested by a LenderBank, the Agent shall have no duty or responsibility to provide any Lender Bank with any notices, reports, or certificates furnished to the Agent by any Obligor or Subsidiary or any credit or other information concerning the affairs, financial condition, business, or Properties of any Obligor (or any of its Affiliates) Subsidiary which may come into possession of the Agent or any of the Agent’s Affiliatesits affiliates.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving the Loans to be made by it hereunder, issue Letters of Credit and participate purchase participations in the LC Obligations hereunder. Each pursuant to Section 2.3.2, and each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s 's Affiliates.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and Agreement, to fund Revolving the Loans to be made by it, issue Letters of Credit and participate purchase participations in the LC Obligations hereunder. Each pursuant to Section 2.3.2, and each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving the Loans to be made by it hereunder and participate to purchase participations in the LC Obligations hereunder. Each pursuant to Section 1.3.2 hereof, and each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s 's Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other LendersLender, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor Borrower and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations Protective Advances hereunder. Each Lender has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessaryBorrowers. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any ObligorBorrower, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Secured Obligations. Each Lender will, independently and without reliance upon the any other Lenders or the AgentLender, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsProtective Advances, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor Borrower or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor Borrower (or any of its Affiliatesaffiliates) which may come into possession of the Agent or any of the Agent’s Affiliatesits affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessaryObligors. Each Lender further acknowledges and agrees that the other Lenders and the Agent Secured Parties have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the any other Lenders or the AgentSecured Party, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsLoans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s its Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent, any Collateral Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders Lenders, Collateral Agents and the Agent have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders Lenders, Collateral Agents or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Loan Agreement and to fund Revolving Term Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsTerm Loans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement Agreement, to fund the Loans to be made by it hereunder and to fund Revolving Loans purchase Letter of Credit Participations, and participate in LC Obligations hereunder. Each each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or with respect to the legality, validity, sufficiency, sufficiency or 129 enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s 's Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in Domestic LC Obligations and UK LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in Domestic LC Obligations and UK LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving the Loans to be made by it hereunder, and participate purchase participations in the LC Obligations hereunder. Each Outstandings pursuant to SECTION 1.3.1 hereof, and each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.,

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessaryObligors. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the any other Lenders or the AgentLender, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsLoans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s its Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunderthe Term Loans. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further expressly acknowledges and agrees that the other Lenders Lenders, Agent and the Agent Agent-Related Persons have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or ObligationsObligations and that no act by Agent hereafter taken, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligationsthe Term Loans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lenderany Lender (to the extent such Lender is entitled to such information under the express terms of this Agreement or any other Loan Document), the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, operations, prospects, creditworthiness or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other LendersLender, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor the Borrower and its own decision to enter into this Agreement and to fund Revolving Term Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, DIP Collateral and each Obligor as such Lender feels necessarythe Borrower. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligorthe Borrower, any Collateral, DIP Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the any other Lenders or the AgentLender, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligationsthe Term Loans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor the Borrower or any credit or other information concerning the affairs, financial condition, business, business or Properties properties of any Obligor the Borrower (or any of its Affiliatesaffiliates) which may come into possession of the Agent or any of the Agent’s Affiliatesits affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the any Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC L/C Obligations hereunder. Each Lender has made such inquiries concerning the Loan Credit Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent Agents have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Credit Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the AgentAgents, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC L/C Obligations, and in taking or refraining from any action under any Loan Credit Documents. Except for notices, reports, reports and other information expressly requested by a LenderLender or that an Agent has expressly agreed to provide Lenders herein, the no Agent shall have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the such Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the such Agent or any of the such Agent’s AffiliatesAffiliates or branches.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving the Loans to be made by it hereunder and participate to purchase participations in LC Obligations hereunderthe Letter of Credit Outstandings pursuant to Section 1.37. Each hereof, and each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon any of the Agent Agents or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent Agents have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the AgentAgents, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, none of the Agent Agents shall have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Administrative Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of any of the Agent Agents or any of the Agent’s Agents’ Affiliates.

Due Diligence and Non-Reliance. Each Lender hereby acknowledges and agrees represents that it has, independently and without reliance upon the Agent or any the other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving the Loans to be made by it hereunder and participate to purchase participations in the LC Obligations hereunder. Each Outstandings [pursuant to Section 1.3.2 hereof], and each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessarynecessary and appropriate, and has taken such care on its own behalf as would have been the case had it entered into the other Loan Documents without the intervention or participation of the other Lenders or Agent. Each Lender hereby further acknowledges and agrees represents that the other Lenders and the Agent have not made no any representations or warranties to it concerning any Obligor, any Collateral, of the Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any of the Loan Documents or ObligationsDocuments. Each Lender also hereby acknowledges that it will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from to take any other action under this Agreement or any of the other Loan Documents. Except for notices, reports, reports and other information expressly requested required to be furnished to Lenders by a LenderAgent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s 's Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligor, any Collateral, or the legality, validity, sufficiency, or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, and information as such Lender deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s 's Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other LendersLender, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor Borrower and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations Advances hereunder. Each Lender has made such inquiries as it feels necessary concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessaryBorrowers. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any ObligorBorrower, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Secured Obligations. Each Lender will, independently and without reliance upon the any other Lenders or the AgentLender, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsAdvances, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor Borrower or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor Borrower (or any of its Affiliatesaffiliates) which may come into possession of the Agent or any of the Agent’s Affiliatesits affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lenders, and based upon such documents, information, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund Revolving Loans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral, Collateral and each Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agent have made no representations or warranties concerning any Obligor, any Collateral, Collateral or the legality, validity, sufficiency, sufficiency or enforceability of any Loan Documents or Obligations. Each Lender will, independently and without reliance upon the other Lenders or the Agent, and based upon such financial statements, documents, documents and information as such Lender it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Revolving Loans and participating in LC ObligationsLoans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports, reports and other information expressly requested by a Lender, the Agent shall have no duty or responsibility to provide any Lender with any notices, reports, reports or certificates furnished to the Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, business or Properties of any Obligor (or any of its Affiliates) which may come into possession of the Agent or any of the Agent’s Affiliates.