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

Due Diligence and Non-Reliance. Each Purchaser acknowledges and agrees that it has, independently and without reliance upon Agent or any other Purchaser, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of the Company and its own decision to enter into this Agreement. Without limiting Section 5.7, each Purchaser has made such inquiries as it feels necessary concerning the Transaction Documents, Collateral and the Company. Each Purchaser acknowledges and agrees that the other Purchasers have made no representations or warranties concerning the Company, any Collateral or the legality, validity, sufficiency or enforceability of any Transaction Documents or Secured Obligations. Each Purchaser will, independently and without reliance upon any other Purchaser, 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 taking or refraining from any action under any Transaction Documents. Except for notices, reports and other information expressly requested by a Purchaser, but subject to the limitations set forth in Section 11.16, Agent shall have no duty or responsibility to provide any Purchaser with any notices, reports or certificates furnished to Agent by the Company or any credit or other information concerning the affairs, financial condition, business or properties of the Company (or any of its Affiliates) which may come into possession of Agent or its Affiliates.

Due Diligence and Non-Reliance. Each Purchaser Bank acknowledges and agrees that it has, independently and without reliance upon Agent or any other PurchaserBank, and based upon such documents, information information, and analyses as it has deemed appropriate, made its own credit analysis of the Company Borrower and its own decision to enter into this AgreementAgreement and to fund Loans hereunder. Without limiting Section 5.7, each Purchaser Each Bank has made such inquiries as it feels necessary concerning the Transaction Loan Documents, Collateral and the CompanyBorrower as such Bank feels necessary. Each Purchaser Bank further acknowledges and agrees that the other Purchasers Banks and Agent have made no representations or warranties concerning the Companyany Obligor or Subsidiary, any Collateral or the legality, validity, sufficiency sufficiency, or enforceability of any Transaction Loan Documents or Secured Obligations. Each Purchaser Bank will, independently and without reliance upon any the other PurchaserBanks or Agent, and based upon such financial statements, documents 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 Letters of Credit and in taking or refraining from any action under any Transaction Loan Documents. Except as expressly required hereby and except for notices, reports reports, and other information expressly requested by a Purchaser, but subject to the limitations set forth in Section 11.16Bank, Agent shall have no duty or responsibility to provide any Purchaser Bank with any notices, reports reports, or certificates furnished to Agent by the Company any Obligor or Subsidiary or any credit or other information concerning the affairs, financial condition, business business, or properties Properties of the Company (any Obligor or any of its Affiliates) Subsidiary which may come into possession of Agent or any of its Affiliatesaffiliates.

Due Diligence and Non-Reliance. Each Purchaser Lender acknowledges and agrees that it has, independently and without reliance upon Agent or any other PurchaserLender, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of the Company each Borrower and its own decision to enter into this AgreementAgreement and to fund Advances hereunder. Without limiting Section 5.7, each Purchaser Each Lender has made such inquiries as it feels necessary concerning the Transaction Loan Documents, Collateral and the CompanyBorrowers. Each Purchaser Lender acknowledges and agrees that the other Purchasers Lenders have made no representations or warranties concerning the Companyany Borrower, any Collateral or the legality, validity, sufficiency or enforceability of any Transaction Loan Documents or Secured Obligations. Each Purchaser Lender will, independently and without reliance upon any other PurchaserLender, 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 Advances, and in taking or refraining from any action under any Transaction Loan Documents. Except for notices, reports and other information expressly requested by a Purchaser, but subject to the limitations set forth in Section 11.16Lender, Agent shall have no duty or responsibility to provide any Purchaser Lender with any notices, reports or certificates furnished to Agent by the Company any Borrower or any credit or other information concerning the affairs, financial condition, business or properties Properties of the Company any Borrower (or any of its Affiliatesaffiliates) which may come into possession of Agent or its Affiliatesaffiliates.

Due Diligence and Non-Reliance. Each Purchaser Lender acknowledges and agrees that it has, independently and without reliance upon Agent or any other PurchaserLender, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of the Company each Borrower and its own decision to enter into this AgreementAgreement and to fund Protective Advances hereunder. Without limiting Section 5.7, each Purchaser Each Lender has made such inquiries as it feels necessary concerning the Transaction Loan Documents, Collateral and the CompanyBorrowers. Each Purchaser Lender acknowledges and agrees that the other Purchasers Lenders have made no representations or warranties concerning the Companyany Borrower, any Collateral or the legality, validity, sufficiency or enforceability of any Transaction Loan Documents or Secured Obligations. Each Purchaser Lender will, independently and without reliance upon any other PurchaserLender, 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 Protective Advances, and in taking or refraining from any action under any Transaction Loan Documents. Except for notices, reports and other information expressly requested by a Purchaser, but subject to the limitations set forth in Section 11.16Lender, Agent shall have no duty or responsibility to provide any Purchaser Lender with any notices, reports or certificates furnished to Agent by the Company any Borrower or any credit or other information concerning the affairs, financial condition, business or properties Properties of the Company any Borrower (or any of its Affiliatesaffiliates) which may come into possession of Agent or its Affiliatesaffiliates.

Due Diligence and Non-Reliance. Each Purchaser Lender acknowledges and agrees that it has, independently and without reliance upon Agent or any other PurchaserLenders, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of the Company each Obligor and its own decision to enter into this AgreementAgreement and to fund Loans hereunder. Without limiting Section 5.7, each Purchaser Each Lender has made such inquiries as it feels necessary concerning the Transaction Loan Documents, Collateral and the CompanyObligors. Each Purchaser Lender acknowledges and agrees that the other Purchasers Lenders have made no representations or warranties concerning the Companyany Obligor, any Collateral or the legality, validity, sufficiency or enforceability of any Transaction Loan Documents or Secured Obligations. Each Purchaser Lender will, independently and without reliance upon any other PurchaserLender, 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 in taking or refraining from any action under any Transaction Loan Documents. Except for notices, reports and other information expressly requested by a Purchaser, but subject to the limitations set forth in Section 11.16Lender, Agent shall have no duty or responsibility to provide any Purchaser Lender with any notices, reports or certificates furnished to Agent by the Company any Obligor or any credit or other information concerning the affairs, financial condition, business or properties Properties of the Company any Obligor (or any of its Affiliates) which may come into possession of Agent or its Affiliates.