Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents or the financial condition or prospects of any Borrower or any Guarantor, or the existence of any Event of Default or any Default.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc), Revolving Credit and Security Agreement (Build a Bear Workshop Inc), Revolving Credit and Security Agreement (Finish Line Inc /In/)
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor Loan Party pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or GuarantorLoan Party, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorLoan Party, or the existence of any Event of Default or any Default.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Worthington Steel, Inc.), Revolving Credit, Term Loan and Security Agreement (Ati Inc), Revolving Credit and Security Agreement (Allegheny Technologies Inc)
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower Loan Party and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor Loan Party pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorLoan Party, or the existence of any Event of Default or any Default.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other the Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each Borrower and each Guarantor Credit Party in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Credit Party, and, except as expressly provided in this Credit Agreement, the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) The Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any Lender for any recitalsstatement, statements, information, representations warranty or warranties herein representation made in or in any agreement, document, certificate or statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Credit Agreement or any Other other Credit Document, or of (ii) the financial condition contents of any Borrower certificate, report or Guarantorother document delivered hereunder or thereunder or in connection herewith or therewith, or be required to make any inquiry concerning either (iii) the performance or observance of any of the covenants, agreements or other terms, provisions or conditions set forth herein or therein or the occurrence of any Default or Event of Default, (iv) the validity, enforceability, effectiveness or genuineness of this Credit Agreement, any other Credit Document or any other agreement, instrument or document, or (v) the Note, the Other Documents or the financial condition or prospects satisfaction of any Borrower condition set forth in Article IV or any Guarantorelsewhere herein, or other than to confirm receipt of items expressly required to be delivered to the existence of any Event of Default or any DefaultAgent.
Appears in 2 contracts
Samples: Senior Secured Credit Facility (TransMontaigne Partners L.P.), Senior Secured Credit Facility (TLP Equity Holdings, LLC)
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorBorrower, or the existence of any Event of Default or any Default.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation)
Lack of Reliance on Agent. Independently and without reliance upon the Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor Loan Party pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorLoan Party, or the existence of any Event of Default or any Default.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Invacare Corp), Revolving Credit and Security Agreement (Invacare Corp)
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorBorrower, or the existence of any Event of Default or any Default.. [PHI Group] Revolving Credit, Term Loan and Security Agreement
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each Borrower Borrower, Guarantor and each Guarantor any other Lender in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower Borrower, Guarantor and each Guarantor. any other Lender, and, except as expressly provided in this Agreement, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loan or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectability, priority or sufficiency of this Agreement Agreement, any of the other Loan Documents or any Other Document, notes or of the financial or other condition of any Borrower or any Guarantor, or . Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementAgreement or the other Loan Documents, the Note, the Other Documents or the financial condition or prospects of any Borrower or any Guarantor, or the existence or possible existence of any Event of Default or any Default.
Appears in 2 contracts
Samples: Debtor in Possession Loan Agreement (Ener1 Inc), Loan Agreement (Ener1 Inc)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other the Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each the Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. the Borrower, and, except as expressly provided in this Agreement, the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances initial Revolving Credit Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectability, priority or sufficiency of this Agreement or any Other Document, the Notes or the financial or other condition of the financial condition of any Borrower or Guarantor, or Borrower. The Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementAgreement or the Notes, the Note, the Other Documents or the financial condition or prospects of any Borrower or any Guarantorthe Borrower, or the existence or possible existence of any Default or Event of Default or Default, unless specifically requested to do so in writing by any DefaultLender.
Appears in 1 contract
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of Agent, each Borrower Obligor and each Guarantor any other Lender in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of Agent, each Borrower Obligor and each Guarantor. any other Lender, and, except as expressly provided in this Agreement, Agent shall not have no any duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Agreement or the Other Agreements or any Other Document, notes or of the financial or other condition of any Borrower or Guarantor, or Obligor. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, Agreement or the Other Documents Agreements, or the financial condition or prospects of any Borrower or any GuarantorObligor, or the existence or possible existence of any Event of Default or any Default.
Appears in 1 contract
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor Credit Party pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or GuarantorCredit Party, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorCredit Party, or the existence of any Event of Default or any Default.
Appears in 1 contract
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lenderthe Agent, each Lender Bank and the holder of each Revolving Note, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower Holding and each Guarantor its Subsidiaries in connection with the making and the continuance of the Advances hereunder Revolving Loans and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower Holding and each Guarantor. its Subsidiaries and, except as expressly provided in this Agreement, the Agent shall not have no any duty or responsibility, either initially or on a continuing basis, to provide any Lender Bank or the holder of any Revolving Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Revolving Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereofthereafter. The Agent shall not be responsible to any Lender Bank or the holder of any Revolving Note for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability perfection, collectibility, priority or sufficiency of this Agreement or any Other Document, other Credit Document or of the financial condition of any Borrower or Guarantor, Holding and its Subsidiaries or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementAgreement or any other Credit Document, the Note, the Other Documents or the financial condition or prospects of any Borrower or any Guarantor, Holding and its Subsidiaries or the existence or possible existence of any Default or Event of Default or any Default.
Appears in 1 contract
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to 147420493 the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorBorrower, or the existence of any Event of Default or any Default.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each Borrower Borrowers and each Guarantor the Guarantors in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower Borrowers and each Guarantor. the Guarantors, and, except as expressly provided in this Agreement, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Agreement Agreement, the Loan Documents, or the Notes or the financial or other condition of Borrowers, any Guarantor or any Other Document, or of the financial condition of any Borrower or Guarantor, or other Person. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteLoan Documents, or the Other Documents Notes or the financial condition or prospects of Borrowers, any Borrower Guarantor or any Guarantorother Person, or the existence or possible existence of any Unmatured Event of Default or Event of Default, unless specifically requested to do so in writing by any DefaultLender.
Appears in 1 contract
Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each Borrower Borrowers and each Guarantor the Guarantors in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower Borrowers and each Guarantor. the Guarantors, and, except as expressly provided in this Agreement, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Agreement Agreement, the Loan Documents, or the Notes or the financial or other condition of Borrowers, any Guarantor or any Other Document, or of the financial condition of any Borrower or Guarantor, or other Person. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteLoan Documents, or the Other Documents Notes or the financial condition or prospects of Borrowers, any Borrower Guarantor or any Guarantorother Person, or the existence or possible existence of any Unmatured Event of Default or Event of Default, unless specifically requested to do so in writing by any DefaultLender.
Appears in 1 contract
Samples: Revolving Credit Agreement (National Technical Systems Inc /Ca/)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (iA) its own independent investigation of the financial or other condition and affairs of Agent, each Borrower and each Guarantor any other Lender in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (iiB) its own appraisal of the creditworthiness of Agent, each Borrower and each Guarantor. any other Lender, and, except as expressly provided in this Agreement, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Revolving Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Agreement Agreement, any of the other Loan Documents or any Other Document, notes or of the financial or other condition of any Borrower or Guarantor, or Borrower. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementAgreement or the other Loan Documents, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorBorrower, or the existence or possible existence of any Event of Default or any Default.
Appears in 1 contract
Samples: Loan and Security Agreement (Teletouch Communications Inc)
Lack of Reliance on Agent. (a) Independently and without reliance upon Agent or any other the Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Borrower, and, except as expressly provided in this Agreement, the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
(b) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Credit Agreement or any Other Document, the Notes or of the financial or other condition of any Borrower or Guarantor, or Borrower. The Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementCredit Agreement or the Notes, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorBorrower, or the existence or possible existence of any Default or Event of Default or Default, unless specifically requested to do so in writing by any DefaultLender.
Appears in 1 contract
Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Borrower or Guarantor Loan Party pursuant to the terms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorLoan Party, or the existence of any Event of Default or any Default.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Ampco Pittsburgh Corp)
Lack of Reliance on Agent. a. Independently and without reliance upon Agent or any other Agent, each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of each Borrower and each Guarantor Borrowers in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. Borrowers, and, except as expressly provided in this Credit Agreement, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances Loans or at any time or times thereafter except as shall be provided by any Borrower or Guarantor pursuant to the terms hereof. thereafter.
b. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Credit Agreement or any Other Document, the Notes or of the financial or other condition of any Borrower or Guarantor, or Borrowers. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementCredit Agreement or the Notes, the Note, the Other Documents or the financial condition or prospects of any Borrower or any GuarantorBorrowers, or the existence or possible existence of any Default or Event of Default or Default, unless specifically requested to do so in writing by any DefaultLender.
Appears in 1 contract