Field Examination Reports; Confidentiality; Disclaimers by Xxxxxxx; Other Reports and Information. By becoming a party to this Agreement, Administrative Agent and each Lender: (a) is deemed to have requested that Collateral Agent furnish Administrative Agent and such Lender, promptly after it becomes available, a copy of each field examination report respecting Parent, any Borrower or its Restricted Subsidiaries (each, a “Report”) prepared by or at the request of Collateral Agent, and Collateral Agent shall so furnish Administrative Agent and each Lender with such Reports, (b) expressly agrees and acknowledges that Collateral Agent does not (i) make any representation or warranty as to the accuracy of any Report, and (ii) shall not be liable for any information contained in any Report, (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Collateral Agent or other party performing any field examination will inspect only specific information regarding Parent, Borrowers and their Restricted Subsidiaries and will rely significantly upon Parent’s, Borrowers’ and their Restricted Subsidiaries’ books and records, as well as on representations of Borrowers’ personnel,
Appears in 1 contract
Field Examination Reports; Confidentiality; Disclaimers by Xxxxxxx; Other Reports and Information. By becoming a party to this Agreement, Administrative Agent and each Lender: (a) is deemed to have requested that Collateral Agent furnish Administrative Agent and such Lender, promptly after it becomes available, a copy of each field examination report respecting Parent, any Borrower Loan Party or its Restricted Subsidiaries (each, a “Report”) prepared by or at the request of Collateral Agent, and Collateral Agent shall so furnish Administrative Agent and each Lender with such Reports, (b) expressly agrees and acknowledges that Collateral Agent does not (i) make any representation or warranty as to the accuracy of any Report, and (ii) shall not be liable for any information contained in any Report, (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Collateral Agent or other party performing any field examination will inspect only specific information regarding Parent, Borrowers the Loan Parties and their Restricted Subsidiaries and will rely significantly upon Parent’s, Borrowers’ and their Restricted Subsidiaries’ books and records, as well as on representations of Borrowers’ personnel,, (d) agrees to keep all Reports and other material, non-public information regarding the Loan Parties and their Subsidiaries and their operations, assets, and existing and contemplated business plans in a confidential manner in accordance with Section 17.9, and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees: (i) to hold Agent and any other Lender preparing a Report
Appears in 1 contract
Samples: Credit Agreement and Loan Documents (Nautilus, Inc.)
Field Examination Reports; Confidentiality; Disclaimers by Xxxxxxx; Other Reports and Information. By becoming a party to this Agreement, Administrative Agent and each Lender: (a) is deemed to have requested that Collateral Agent furnish Administrative Agent and such Lender, promptly after it becomes available, a copy of each field examination report respecting Parent, any Borrower Loan Party or its Restricted Subsidiaries (each, a “Report”) prepared by or at the request of Collateral Agent, and Collateral Agent shall so furnish Administrative Agent and each Lender with such Reports, (b) expressly agrees and acknowledges that Collateral Agent does not (i) make any representation or warranty as to the accuracy of any Report, and (ii) shall not be liable for any information contained in any Report, (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Collateral Agent or other party performing any field examination will inspect only specific information regarding Parent, Borrowers the Loan Parties and their Restricted Subsidiaries and will rely significantly upon Parent’s, Borrowers’ and their its Restricted Subsidiaries’ books and records, as well as on representations of Borrowers’ personnel,, (d) agrees to keep all Reports and other material, non-public information regarding the Loan Parties and their Restricted Subsidiaries and their operations, assets, and existing and contemplated business plans in a confidential manner in accordance with Section 17.9, and
Appears in 1 contract
Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.)
Field Examination Reports; Confidentiality; Disclaimers by Xxxxxxx; Other Reports and Information. By becoming a party to this Agreement, Administrative Agent and each Lender: (a) is deemed to have requested that Collateral Agent furnish Administrative Agent and such Lender, promptly after it becomes available, a copy of each field examination report respecting Parent, any Borrower Loan Party or its Restricted Subsidiaries (each, a “"Report”") prepared by or at the request of Collateral Agent, and Collateral Agent shall so furnish Administrative Agent and each Lender with such Reports, (b) expressly agrees and acknowledges that Collateral Agent does not (i) make any representation or warranty as to the accuracy of any Report, and (ii) shall not be liable for any information contained in any Report, (c) expressly agrees and acknowledges that the Reports are not comprehensive audits or examinations, that Collateral Agent or other party performing any field examination will inspect only specific information regarding Parent, Borrowers the Loan Parties and their Restricted Subsidiaries and will rely significantly upon Parent’s, Borrowers’ Loan Parties and their Restricted Subsidiaries’ ' books and records, as well as on representations of Borrowers’ ' personnel,, (d) agrees to keep all Reports and other material, non-public information regarding the Loan Parties and their Subsidiaries and their operations, assets, and existing and contemplated business plans in a confidential manner in accordance with Section 17.9, and (e) without limiting the generality of any other indemnification provision contained in this Agreement, agrees: (i) to hold Agent and any other Lender preparing a Report harmless from any
Appears in 1 contract