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

Information; Consultation with Counsel and Advisors. 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; 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. Each Noteholder (a) has consulted with its own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent such Noteholder has deemed necessary, (b) 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 exchange of the Notes to which this Agreement relates, and any such questions have been answered to its satisfaction, (c) has had the opportunity to review all publicly available records and filings and all other documents concerning the Company that such Noteholder considers necessary or appropriate in making an investment decision, (d) has reviewed all information that it believes is necessary or appropriate in connection with the exchange of the Notes and (e) has conducted its own due diligence on the Company and the exchange and has made its own investment decisions based upon its own judgment, due diligence and advice from such advisers as such Noteholder has deemed necessary and not upon any view expressed by or on behalf of the Company.

Information; Consultation with Counsel and Advisors. Each Noteholder is 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; it is 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. Each Noteholder The Investors (a) has have consulted with its their own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent such Noteholder has the Investors have deemed necessary, (b) has 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 exchange issuance of the Notes to which this Agreement relates, and any such questions have been answered to its their satisfaction, (c) has have had the opportunity to review all publicly available records and filings and all other documents concerning the Company that such Noteholder considers the Investors consider necessary or appropriate in making an investment decision, (d) has have reviewed all information that it believes is they believe are necessary or appropriate in connection with the exchange issuance of the Notes Notes, and (e) has have conducted its their own due diligence on the Company and the exchange issuance and has made its their own investment decisions based upon its their own judgment, due diligence and advice from such advisers as such Noteholder has the Investors have deemed necessary and not upon any view expressed by or on behalf of the Company.

Information; Consultation with Counsel and Advisors. 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; 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. Each Noteholder (a) has consulted with its own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent such Noteholder has deemed necessary, (b) 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 exchange of the Notes to which this Agreement relates, and any such questions have been answered to its satisfaction, (c) has had the opportunity to review all publicly available records and filings and all other documents concerning the Company that such Noteholder considers necessary or appropriate in making an investment decision, (d) has reviewed all information that it believes is necessary or appropriate in connection with the exchange of the Notes and (e) has conducted its own due diligence on the Company and the exchange and has made its own investment decisions based upon its own judgment, due diligence and advice from such advisers as 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. Each Noteholder 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; 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. Each Noteholder Investor (a) has consulted with its own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent such Noteholder Investor has deemed necessary, (b) 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 exchange issuance of the Notes to which this Agreement relates, and any such questions have been answered to its satisfaction, (c) has had the opportunity to review all publicly available records and filings and all other documents concerning the Company that such Noteholder Investor considers necessary or appropriate in making an investment decision, (d) has reviewed all information that it believes is necessary or appropriate in connection with the exchange issuance of the Notes Notes, and (e) has conducted its own due diligence on the Company and the exchange issuance and has made its their own investment decisions based upon its their own judgment, due diligence and advice from such advisers as such Noteholder Investor has deemed necessary and not upon any view expressed by or on behalf of the Company.

Information; Consultation with Counsel and Advisors. Each Noteholder is The 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; it is 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. Each Noteholder The Noteholders (a) has have consulted with its their own legal, regulatory, tax, business, investment, financial and accounting advisers in connection herewith to the extent such Noteholder has the Noteholders have deemed necessary, (b) has 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 exchange of the First Lien Notes to which this Agreement relates, and any such questions have been answered to its their satisfaction, (c) has have had the opportunity to review all publicly available records and filings and all other documents concerning the Company that such Noteholder considers the Noteholders consider necessary or appropriate in making an investment decision, (d) has have reviewed all information that it believes they believe is necessary or appropriate in connection with the exchange of the First Lien Notes and (e) has have conducted its their own due diligence on the Company and the exchange and has have made its their own investment decisions based upon its their own judgment, due diligence and advice from such advisers as such Noteholder has the Noteholders have deemed necessary and not upon any view expressed by or on behalf of the Company.