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 any 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 Loan Party and its own decision to enter into this Agreement and to fund 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 and each Loan Party as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agents have made no representations or warranties concerning any Loan Party, 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 Agents, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making 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 and other information expressly requested by a Lender, no Agent shall have any duty or responsibility to provide any Lender with any notices, reports or certificates furnished to any Agent by any Loan Party or any credit or other information concerning the affairs, financial condition, business or Properties of any Loan Party (or any of its Affiliates) which may come into possession of the Applicable Agent or any of such Agent’s Affiliates or branches.

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks & Mayors Inc.)

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Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon any 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 Loan Party Obligor 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 Loan Party Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agents Agent have made no representations or warranties concerning any Loan PartyObligor, 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 AgentsAgent, and based upon such financial statements, documents documents, and information as it such Lender 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, no the Agent shall have any no duty or responsibility to provide any Lender with any notices, reports reports, or certificates furnished to any the Agent by any Loan Party Obligor or any credit or other information concerning the affairs, financial condition, business business, or Properties of any Loan Party Obligor (or any of its Affiliates) which may come into possession of the Applicable Agent or any of such the Agent’s Affiliates or branchesAffiliates.

Appears in 3 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

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

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Cleveland-Cliffs Inc.), Syndicated Facility Agreement (Cliffs Natural Resources Inc.)

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon any Agent or any other LendersLender, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of each Loan Party and its own decision to enter into this Agreement and to fund 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 and each Loan Party as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agents Agent have made no representations or warranties concerning any Loan Party, 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 AgentsAgent, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making 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 and other information expressly requested by a Lender, no Agent shall have any no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to any Agent by any Loan Party or any credit or other information concerning the affairs, financial condition, business or Properties of any Loan Party (or any of its Affiliates) which may come into possession of the Applicable Agent Agent, or any of such Agent’s Affiliates or branchesits respective Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (YRC Worldwide Inc.), Loan and Security Agreement (YRC Worldwide Inc.)

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon any 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 Loan Party Obligor and its own decision to enter into this Agreement and to fund Loans and participate in US Domestic LC Obligations and/or Canadian and UK LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral and each Loan Party Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agents Agent have made no representations or warranties concerning any Loan PartyObligor, 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 AgentsAgent, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making Loans and participating in US Domestic LC Obligations and/or Canadian and UK 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, no Agent shall have any no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to any Agent by any Loan Party Obligor or any credit or other information concerning the affairs, financial condition, business or Properties of any Loan Party Obligor (or any of its Affiliates) which may come into possession of the Applicable Agent or any of such Agent’s Affiliates or branchesAffiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Commercial Vehicle Group, Inc.)

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Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon Agent, any Collateral 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 Loan Party Obligor and its own decision to enter into this Agreement and to fund 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 and each Loan Party Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders Lenders, Collateral Agents and the Agents Agent have made no representations or warranties concerning any Loan PartyObligor, 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 Lenders, Collateral Agents or the AgentsAgent, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making 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 and other information expressly requested by a Lender, no Agent shall have any no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to any Agent by any Loan Party Obligor or any credit or other information concerning the affairs, financial condition, business or Properties of any Loan Party Obligor (or any of its Affiliates) which may come into possession of the Applicable Agent or any of such Agent’s Affiliates or branchesAffiliates.

Appears in 1 contract

Samples: Loan Agreement (Solo Cup CO)

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon any 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 Loan Party Obligor 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 Loan Party Obligor as such Lender feels necessary. Each Lender further acknowledges and agrees that the other Lenders and the Agents Agent have made no representations or warranties concerning any Loan PartyObligor, 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 AgentsAgent, and based upon such financial statements, documents documents, and information as it such Lender 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, no the Agent shall have any no duty or responsibility to provide any Lender with any notices, reports reports, or certificates furnished to any the Agent by any Loan Party Obligor or any credit or other information concerning the affairs, financial condition, business business, or Properties of any Loan Party Obligor (or any of its Affiliates) which may come into possession of the Applicable Agent or any of such the Agent’s Affiliates or branches's Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology Inc)

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

Appears in 1 contract

Samples: Term Loan and Security Agreement (Key Energy Services Inc)

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