Guarantor’s Investigation. Each Guarantor acknowledges receipt of a copy of each of this Agreement and the other Financing Documents. Each Guarantor has made an independent investigation of the other Credit Parties and of the financial condition of the other Credit Parties. Neither Agent, Term Loan Servicer nor any Lender has made and neither Agent, Term Loan Servicer nor any Lender does make any representations or warranties as to the income, expense, operation, finances or any other matter or thing affecting any Credit Party nor has Agent, Term Loan Servicer or any Lender made any representations or warranties as to the amount or nature of the Obligations of any Credit Party to which this Article 12 applies as specifically herein set forth, nor has Agent, Term Loan Servicer or any Lender or any officer, agent or employee of Agent, Term Loan Servicer or any Lender or any representative thereof, made any other oral representations, agreements or commitments of any kind or nature, and each Guarantor hereby expressly acknowledges that no such representations or warranties have been made and such Guarantor expressly disclaims reliance on any such representations or warranties.
Appears in 3 contracts
Samples: Credit, Security and Guaranty Agreement (Aspen Aerogels Inc), Credit, Security and Guaranty Agreement (Apyx Medical Corp), Credit, Security and Guaranty Agreement (ViewRay, Inc.)
Guarantor’s Investigation. Each Guarantor acknowledges receipt of a copy of each of this Agreement and the other Financing Loan Documents. Each Guarantor has made an independent investigation of the other Credit Loan Parties and of the financial condition of the other Credit Loan Parties. Neither Agent, Term Loan Servicer nor any Lender has Parties have not made and neither Agent, Term Loan Servicer nor any Lender does Parties do not make any representations or warranties as to the income, expense, operation, finances or any other matter or thing affecting any Credit Loan Party nor has Agent, Term Loan Servicer or any have Lender Parties made any representations or warranties as to the amount or nature of the Obligations of any Credit Loan Party to which this Article 12 XI applies as specifically herein set forth, nor has Agent, Term Loan Servicer or any have Lender Parties or any officer, agent or employee of Agent, Term Loan Servicer or any Lender Parties or any representative thereof, made any other oral representations, agreements or commitments of any kind or nature, and each Guarantor hereby expressly acknowledges that no such representations or warranties have been made and such Guarantor expressly disclaims reliance on any such representations or warranties.
Appears in 2 contracts
Samples: Loan and Security Agreement (BuzzFeed, Inc.), Loan and Security Agreement (890 5th Avenue Partners, Inc.)
Guarantor’s Investigation. Each Guarantor acknowledges receipt of a copy of each of this Agreement and the other Financing Documents. Each Guarantor has made an independent investigation of the other Credit Parties and of the financial condition of the other Credit Parties. Neither Agent, Term Loan Servicer nor any Lender has not made and neither Agent, Term Loan Servicer nor any Lender does not make any representations or warranties as to the income, expense, operation, finances or any other matter or thing affecting any Credit Party nor has Agent, Term Loan Servicer or any Lender made any representations or warranties as to the amount or nature of the Obligations of any Credit Party to which this Article Section 12 applies as specifically herein set forth, nor has Agent, Term Loan Servicer or any Lender or any officer, agent or employee of Agent, Term Loan Servicer or any Lender or any representative thereof, made any other oral representations, agreements or commitments of any kind or nature, and each Guarantor hereby expressly acknowledges that no such representations or warranties have been made and such Guarantor expressly disclaims reliance on any such representations or warranties.
Appears in 2 contracts
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Guarantor’s Investigation. Each Guarantor acknowledges receipt of a copy of each of this Agreement and the other Financing Other Documents. Each Guarantor has made an independent investigation of the other Credit Loan Parties and of the financial condition of the other Credit Loan Parties. Neither Agent, Term Loan Servicer Agent nor any Lender nor Term Lender has made and neither Agent, Term Loan Servicer Agent nor any Lender nor Term Lender does make any representations or warranties as to the income, expense, operation, finances or any other matter or thing affecting any Credit Loan Party nor has Agent, Term Loan Servicer Agent or any Lender or Term Lender made any representations or warranties as to the amount or nature of the Obligations of any Credit Loan Party to which this Article 12 XV applies as specifically herein set forth, nor has Agent, Term Loan Servicer or any Lender or Term Lender, or any officer, agent or employee of Agent, Term Loan Servicer or any Lender or Term Lender, or any representative thereof, made any other oral representations, agreements or commitments of any kind or nature, and each Guarantor hereby expressly acknowledges that no such representations or warranties have been made and such Guarantor expressly disclaims reliance on any such representations or warranties.
Appears in 2 contracts
Samples: Financing Agreement (Rafaella Apparel Group,inc.), Financing Agreement (Rafaella Apparel Group,inc.)
Guarantor’s Investigation. Each Guarantor acknowledges receipt of a copy of each of this Agreement and the other Financing Documents. Each Guarantor has made an independent investigation of the other Credit Parties and of the financial condition of the other Credit Parties. Neither Agent, Term Loan Servicer Agent nor any Lender has made and neither Agent, Term Loan Servicer Agent nor any Lender does make any representations or MidCap / Cerus / Credit, Security and Guaranty Agreement (Revolving Loan) 202312840 v5 warranties as to the income, expense, operation, finances or any other matter or thing affecting any Credit Party nor has Agent, Term Loan Servicer Agent or any Lender made any representations or warranties as to the amount or nature of the Obligations of any Credit Party to which this Article 12 applies as specifically herein set forth, nor has Agent, Term Loan Servicer Agent or any Lender or any officer, agent or employee of Agent, Term Loan Servicer Agent or any Lender or any representative thereof, made any other oral representations, agreements or commitments of any kind or nature, and each Guarantor hereby expressly acknowledges that no such representations or warranties have been made and such Guarantor expressly disclaims reliance on any such representations or warranties.
Appears in 1 contract
Samples: Credit, Security and Guaranty Agreement (Cerus Corp)
Guarantor’s Investigation. Each Guarantor acknowledges receipt of a copy of each of this Agreement and the other Financing Documents. Each Guarantor has made an independent investigation of the other Credit Parties and of the financial condition of the other Credit Parties. Neither Agent, Term Loan Servicer Agent nor any Lender has made and neither Agent, Term Loan Servicer Agent nor any Lender does make any representations or warranties as to the income, expense, operation, finances or any other matter or thing affecting any Credit Party nor has Agent, Term Loan Servicer Agent or any Lender made any representations or warranties as to the amount or nature of the Obligations of any Credit [***]: CONFIDENTIAL PORTIONS OMITTED AND FILED SEPARATELY WITH THE COMMISSION. Quotient Credit Agreement 45 Party to which this Article 12 Section 15 applies as specifically herein set forth, nor has Agent, Term Loan Servicer Agent or any Lender or any officer, agent or employee of Agent, Term Loan Servicer Agent or any Lender or any representative thereof, made any other oral representations, agreements or commitments of any kind or nature, and each Guarantor hereby expressly acknowledges that no such representations or warranties have been made and such Guarantor expressly disclaims reliance on any such representations or warranties.
Appears in 1 contract
Samples: Credit, Guaranty and Security Agreement (Quotient LTD)