Common use of Independent Credit Investigation Clause in Contracts

Independent Credit Investigation. Each Participant by entering into this Participation Agreement agrees that it has, independently and without reliance on Agent or Arranger or any other Participant and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents to which it is a party and that it will, independently and without reliance upon Agent, Arranger or any other Participant and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate Trustee, it being understood that Agent shall forward copies of same to each Participant and the Certificate Trustee) hereunder or under any other Operative Document, Agent shall not have any duty or responsibility to provide any Participant with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 3 contracts

Samples: Participation Agreement (Ferrellgas Partners Finance Corp), Participation Agreement (Ferrellgas Partners Finance Corp), Participation Agreement (Remec Inc)

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Independent Credit Investigation. Each Participant by entering into this Participation Agreement agrees that it has, independently and without reliance on either Agent or Arranger or any other Participant and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents to which it is a party and that it will, independently and without reliance upon Agent, Arranger either Agent or any other Participant Participant, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Neither Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which an Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to an Agent alone (and not also to each Participant and the Certificate TrusteeParticipant, it being understood that such Agent shall forward copies of same to each Participant and the Certificate TrusteeParticipant) hereunder or under any other Operative DocumentAgreement, such Agent shall not have any duty or responsibility to provide any Participant with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliates) that may come into the possession of such Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Adc Telecommunications Inc)

Independent Credit Investigation. Each Participant by entering into this Participation Agreement agrees that it has, independently and without reliance on Agent or Arranger or any other Participant and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents to which it is a party and that it will, independently and without reliance upon Agent, Arranger Agent or any other Participant and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate TrusteeParticipant, it being understood that Agent shall forward copies of same to each Participant and the Certificate TrusteeParticipant) hereunder or under any other Operative Document, Agent shall not have any duty or responsibility to provide any Participant with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Applied Materials Inc /De)

Independent Credit Investigation. Each Participant by entering into this Participation Agreement agrees that it has, independently and without reliance on Agent or Arranger or any other Participant and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents to which it is a party and that it will, independently and without reliance upon Agent, Arranger or any other Participant and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the 81 Certificate Trustee, it being understood that Agent shall forward copies of same to each Participant and the Certificate Trustee) hereunder or under any other Operative Document, Agent shall not have any duty or responsibility to provide any Participant with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Del Monte Foods Co)

Independent Credit Investigation. Each Participant Lessor by entering into this Participation Agreement agrees that it has, independently inde pendently and without reliance on Agent or Arranger or any other Participant Lessor and based on such documents and information as it has deemed appropriateappro priate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents Agreements to which it is a party and that it will, independently and without reliance upon Agent, Arranger Agent or any other Participant Lessor, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties proper ties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate TrusteeLessor, it being understood that Agent shall forward copies of same to each Participant and the Certificate TrusteeLessor) hereunder or under any other Operative DocumentAgreement, Agent shall not have any duty or responsibility to provide any Participant Lessor with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliatesaffiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Consolidated Freightways Corp)

Independent Credit Investigation. Each Participant Lessor by entering into this Participation Agreement agrees that it has, independently and without reliance on Agent or Arranger or any other Participant Lessor and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents Agreements to which it is a party and that it will, independently and without reliance upon Agent, Arranger Agent or any other Participant Lessor, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate TrusteeLessor, it being understood that Agent shall forward copies of same to each Participant and the Certificate TrusteeLessor) hereunder or under any other Operative DocumentAgreement, Agent shall not have any duty or responsibility to provide any Participant Lessor with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliatesaffiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Yellow Roadway Corp)

Independent Credit Investigation. Each Participant Lessor by entering into this Participation Agreement agrees that it has, independently and without reliance on Administrative Agent or Arranger or any other Participant Lessor and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents Agreements to which it is a party and that it will, independently and without reliance upon Agent, Arranger Administrative Agent or any other Participant Lessor, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Administrative Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Administrative Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Administrative Agent alone (and not also to each Participant and the Certificate TrusteeLessor, it being understood that Administrative Agent shall forward copies of same to each Participant and the Certificate TrusteeLessor) hereunder or under any other Operative DocumentAgreement, Administrative Agent shall not have any duty or responsibility to provide any Participant Lessor with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliatesaffiliates) that may come into the possession of Administrative Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Weatherford International Inc /New/)

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Independent Credit Investigation. Each Participant Lessor by entering into this Participation Agreement Lease agrees that it has, independently and without reliance on Agent or Arranger or any other Participant Lessor and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement Lease and each of the other Operative Documents all related documents to which it is a party and that it will, independently and without reliance upon Agent, Arranger Agent or any other Participant Lessor, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement Lease and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement Lease and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate TrusteeLessor, it being understood that Agent shall forward copies of same to each Participant and the Certificate TrusteeLessor) hereunder or under any other Operative DocumentAgreement, Agent shall not have any duty or responsibility to provide any Participant Lessor with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliatesaffiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Us Foodservice/Md/)

Independent Credit Investigation. Each Participant by entering into this Participation Agreement agrees that it has, independently and without reliance on Agent or Arranger or any other Participant and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement and each of the other Operative Documents to which it is a party and that it will, independently and without reliance upon Agent, the Arranger or any other Participant and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate Trustee, it being understood that Agent shall forward copies of same to each Participant and the Certificate Trustee) hereunder or under any other Operative Document, Agent shall not have any duty or responsibility to provide any Participant with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Participation Agreement (Lsi Logic Corp)

Independent Credit Investigation. Each Participant Lessor by entering -------------------------------- into this Participation Agreement Lease agrees that it has, independently and without reliance on Agent or Arranger or any other Participant Lessor and based on such documents and information as it has deemed appropriate, made its own credit analysis of Lessee and its own decision to enter into this Participation Agreement Lease and each of the other Operative Documents to which it is a party and that it will, independently and without reliance upon Agent, Arranger Agent or any other Participant Lessor and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking action under this Participation Agreement Lease and any related documents to which it is a party. Agent shall not be required to keep itself informed as to the performance or observance by Lessee of any other document referred to (directly or indirectly) or provided for herein or to inspect the properties or books of Lessee. Except for notices or statements which Agent is expressly required to give under this Participation Agreement Lease and for notices, reports and other documents and information expressly required to be furnished to Agent alone (and not also to each Participant and the Certificate TrusteeLessor, it being understood that Agent shall forward copies of same to each Participant and the Certificate TrusteeLessor) hereunder or under any other Operative Document, Agent shall not have any duty or responsibility to provide any Participant Lessor with copies of notices or with any credit or other information concerning the affairs, financial condition or business of Lessee (or any of its Affiliates) that may come into the possession of Agent or any of its Affiliates.

Appears in 1 contract

Samples: Lease Intended as Security (Levi Strauss & Co)

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