Common use of Independent Credit Decision Clause in Contracts

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc), Letter of Credit Agreement (Childrens Place Retail Stores Inc)

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Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrowers, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; Acceptance and (b) agrees that it will, independently and without reliance upon the Assignor, the any Agent or any other Lender Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of delivered on the Loan AgreementClosing Date, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and AcceptanceAgreement; and (b) agrees that it will, independently and without reliance upon the Assignor, the Arranger, the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Assignment Agreement (Pro Fac Cooperative Inc)

Independent Credit Decision. The Assignee Assignee: (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 12 of the Loan Credit Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the AssignorAssignors, the Agent or any other Lender Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Continental Resources Inc)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 7.09 of the Loan Credit ------------ Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and AcceptanceAgreement; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent Agent, or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Georgia Pacific Corp)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrowers and Guarantors, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Johnstone Tank Trucking Ltd.)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 7.01 of the Loan Credit Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Impac Group Inc /De/)

Independent Credit Decision. The Assignee (a) acknowledges that it has --------------------------- received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 12 of the Loan Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 1 contract

Samples: Loan Agreement (Gothic Energy Corp)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan and Security Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrower, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan and Security Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (LDM Technologies Inc)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementCompany and its Subsidiaries, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Owens Corning)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 6.02 of the Loan Credit Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan AgreementCredit Agreement.5.

Appears in 1 contract

Samples: Revolving Credit Agreement (Compaq Computer Corp)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits theretoto the Loan Agreement, together with copies of the most recent financial statements referred to in Section 6.3 4.01 of the Loan Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and AcceptanceAgreement; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent Administrative Agent, the Arranger or any other Lender Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 1 contract

Samples: Subordinated Term Loan Agreement (Wellpoint Health Networks Inc /Ca/)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementParent and its Consolidated Subsidiaries, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Acme Metals Inc /De/)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 6.1 of the Loan Credit Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and AcceptanceAssumption; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Alleghany Corp /De)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan and Security Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrower and Guarantors, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan and Security Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Eddie Bauer Holdings, Inc.)

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Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrowers and Guarantors, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/)

Independent Credit Decision. The Each Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 10.1 of the Loan Credit Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent Agents or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Master Assignment and Acceptance Agreement (Dura Automotive Systems Inc)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred of Parent and its Subsidiaries delivered pursuant to in Section 6.3 the terms of the Loan Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; Acceptance and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Delco Remy International Inc)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules Schedule and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrower, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (GTY Technology Holdings Inc.)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit and Security Agreement and the Annexes, Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrowers, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit and Security Agreement.

Appears in 1 contract

Samples: Credit and Security Agreement (PSS World Medical Inc)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Credit Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 8.09 of the Loan Credit Agreement, and such other documents and ------------ information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and AcceptanceAgreement; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent Agent, or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Georgia Pacific Corp)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Term Loan and Security Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrower, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Term Loan and Security Agreement.

Appears in 1 contract

Samples: Term Loan and Security Agreement (LDM Technologies Inc)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 6.1 of the Loan ----------- Agreement, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Administrative Agent or any other Lender Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan Agreement and the Co-Lender Agreement.

Appears in 1 contract

Samples: Credit Loan Agreement (Catellus Development Corp)

Independent Credit Decision. The Assignee (a) acknowledges that it has received a copy of the Loan and Security Agreement and the Schedules and Exhibits thereto, together with copies of the most recent financial statements referred to in Section 6.3 of the Loan AgreementBorrowers, and such other documents and information as it has deemed appropriate to make its own credit and legal analysis and decision to enter into this Assignment and Acceptance; and (b) agrees that it will, independently and without reliance upon the Assignor, the Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and legal decisions in taking or not taking action under the Loan and Security Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Finance Co)

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