Common use of Information; Consultation with Counsel and Advisors Clause in Contracts

Information; Consultation with Counsel and Advisors. The Investors are entering into this Agreement as principal (and not as agent or in any other capacity); none of the Company or any of the Company’s affiliates or agents are acting as a fiduciary for it; they are entering into this Agreement with a full understanding of the terms, conditions and risks thereof and it is capable of and willing to assume those risks. The Investors (a) have consulted with their own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent the Investors have deemed necessary, (b) have received from the Company all necessary information relating to the Company and its business and had a reasonable opportunity to ask questions of and receive answers from officers and representatives of the Company concerning its financial condition and results of operations and the issuance of the Notes to which this Agreement relates, and any such questions have been answered to their satisfaction, (c) have had the opportunity to review all publicly available records and filings and all other documents concerning the Company that the Investors consider necessary or appropriate in making an investment decision, (d) have reviewed all information that they believe are necessary or appropriate in connection with the issuance of the Notes, and (e) have conducted their own due diligence on the Company and the issuance and has made their own investment decisions based upon their own judgment, due diligence and advice from such advisers as the Investors have deemed necessary and not upon any view expressed by or on behalf of the Company.

Information; Consultation with Counsel and Advisors. The Investors are Each Noteholder is entering into this Agreement as principal (and not as agent or in any other capacity); none of the Company Company, Parent or any of the Company’s or Parent’s affiliates or agents are acting as a fiduciary for it; they are it is entering into this Agreement with a full understanding of the terms, conditions and risks thereof and it is capable of and willing to assume those risks. The Investors Each Noteholder (a) have has consulted with their its own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent the Investors have such Noteholder has deemed necessary, (b) have has received from the Company all necessary information relating to the Company and its business and had a reasonable opportunity to ask questions of and receive answers from officers and representatives of the Company concerning its financial condition and results of operations and the issuance exchange of the Notes to which this Agreement relates, and any such questions have been answered to their its satisfaction, (c) have has had the opportunity to review all publicly available records and filings and all other documents concerning the Company that the Investors consider such Noteholder considers necessary or appropriate in making an investment decision, (d) have has reviewed all information that they believe are it believes is necessary or appropriate in connection with the issuance exchange of the Notes, Notes and (e) have has conducted their its own due diligence on the Company and the issuance exchange and has made their its own investment decisions based upon their its own judgment, due diligence and advice from such advisers as the Investors have such Noteholder has deemed necessary and not upon any view expressed by or on behalf of the CompanyCompany or Parent.

Information; Consultation with Counsel and Advisors. The Investors Noteholders are entering into this Agreement as principal (and not as agent or in any other capacity); none of the Company or any of the Company’s affiliates or agents are acting as a fiduciary for itthem; they are entering into this Agreement with a full understanding of the terms, conditions and risks thereof and it is they are capable of and willing to assume those risks. The Investors Noteholders (a) have consulted with their own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent the Investors Noteholders have deemed necessary, (b) have received from the Company all necessary information relating to the Company and its business and had a reasonable opportunity to ask questions of and receive answers from officers and representatives of the Company concerning its financial condition and results of operations and the issuance exchange of the First Lien Notes to which this Agreement relates, and any such questions have been answered to their satisfaction, (c) have had the opportunity to review all publicly available records and filings and all other documents concerning the Company that the Investors Noteholders consider necessary or appropriate in making an investment decision, (d) have reviewed all information that they believe are is necessary or appropriate in connection with the issuance exchange of the Notes, First Lien Notes and (e) have conducted their own due diligence on the Company and the issuance exchange and has have made their own investment decisions based upon their own judgment, due diligence and advice from such advisers as the Investors Noteholders have deemed necessary and not upon any view expressed by or on behalf of the Company.

Information; Consultation with Counsel and Advisors. The Investors are Each Noteholder is entering into this Agreement as principal (and not as agent or in any other capacity); none of the Company or any of the Company’s affiliates or agents are acting as a fiduciary for it; they are it is entering into this Agreement with a full understanding of the terms, conditions and risks thereof and it is capable of and willing to assume those risks. The Investors Each Noteholder (a) have has consulted with their its own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent the Investors have such Noteholder has deemed necessary, (b) have has received from the Company all necessary information relating to the Company and its business and had a reasonable opportunity to ask questions of and receive answers from officers and representatives of the Company concerning its financial condition and results of operations and the issuance exchange of the Notes to which this Agreement relates, and any such questions have been answered to their its satisfaction, (c) have has had the opportunity to review all publicly available records and filings and all other documents concerning the Company that the Investors consider such Noteholder considers necessary or appropriate in making an investment decision, (d) have has reviewed all information that they believe are it believes is necessary or appropriate in connection with the issuance exchange of the Notes, Notes and (e) have has conducted their its own due diligence on the Company and the issuance exchange and has made their its own investment decisions based upon their its own judgment, due diligence and advice from such advisers as the Investors have such Noteholder has deemed necessary and not upon any view expressed by or on behalf of the Company.

Information; Consultation with Counsel and Advisors. The Investors are Each Investor is entering into this Agreement as principal (and not as agent or in any other capacity); none of the Company or any of the Company’s affiliates or agents are acting as a fiduciary for it; they are it is entering into this Agreement with a full understanding of the terms, conditions and risks thereof and it is capable of and willing to assume those risks. The Investors Each Investor (a) have has consulted with their its own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent the Investors have such Investor has deemed necessary, (b) have has received from the Company all necessary information relating to the Company and its business and had a reasonable opportunity to ask questions of and receive answers from officers and representatives of the Company concerning its financial condition and results of operations and the issuance of the Notes to which this Agreement relates, and any such questions have been answered to their its satisfaction, (c) have has had the opportunity to review all publicly available records and filings and all other documents concerning the Company that the Investors consider such Investor considers necessary or appropriate in making an investment decision, (d) have has reviewed all information that they believe are it believes is necessary or appropriate in connection with the issuance of the Notes, and (e) have has conducted their its own due diligence on the Company and the issuance and has made their own investment decisions based upon their own judgment, due diligence and advice from such advisers as the Investors have such Investor has deemed necessary and not upon any view expressed by or on behalf of the Company.