Common use of Lack of Reliance on Agent Clause in Contracts

Lack of Reliance on Agent. (a) Independently and without reliance upon the Agent, 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 the Borrower and the other Loan Parties in connection with taking or not taking any action related hereto and (ii) its own appraisal of the creditworthiness of the Borrower and the other Loan Parties, 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 initial Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (b) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement or the Revolving Credit Notes or the financial or other condition of the Borrower and the other Loan Parties. 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 Agreement or any other Loan Document, the financial condition of the Borrower and the other Loan Parties, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (a) Independently and without reliance upon the Agent, 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 the Agent, each Borrower and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (iiB) its own appraisal of the creditworthiness of the Agent, each Borrower and the any other Loan PartiesLender, 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 initial Revolving Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (b) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement Agreement, any of the other Loan Documents or the Revolving Credit Notes any notes or the financial or other condition of the Borrower and the other Loan Partiesany 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 Agreement or any the other Loan DocumentDocuments, or the financial condition of the Borrower and the other Loan Partiesany Borrower, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (ai) Independently and without reliance upon the Agent, 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 the Borrower Agent, each Obligor and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (iiB) its own appraisal of the creditworthiness of the Borrower Agent, each Obligor and the any other Loan PartiesLender, 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 with any credit or other information with respect thereto, whether coming into its possession before the making of the initial Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (bii) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement or the Revolving Credit Notes any notes or the financial or other condition of the Borrower and the other Loan Partiesany Obligor. 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 Agreement or any other Loan Documentthe notes, or the financial condition of the Borrower and the other Loan Partiesany Obligor, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (ai) Independently and without reliance upon the Agent, 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 the Borrower Agent, each Obligor and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (iiB) its own appraisal of the creditworthiness of the Borrower Agent, each Obligor and the any other Loan PartiesLender, 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 with any credit or other information with respect thereto, whether coming into its possession before the making of the initial Loans or the issuance of the Initial Letter of Credit Term Loan or at any time or times thereafter. (bii) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement or the Revolving Credit Notes Other Agreements or any notes or the financial or other condition of the Borrower and the other Loan Partiesany Obligor. 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 Agreement or any other Loan Documentthe Other Agreements, or the financial condition of the Borrower and the other Loan Partiesany Obligor, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (a) Independently and without reliance upon the Agent, 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 the Borrower Agent, each Obligor and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrower Agent, each Obligor and the any other Loan PartiesLender, 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 with any credit or other information with respect thereto, whether coming into its possession before the making of the initial Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (b) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement or the Revolving Credit Notes Other Agreements or any notes or the financial or other condition of the Borrower and the other Loan Partiesany Obligor. 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 Agreement or any other Loan Documentthe Other Agreements, or the financial condition of the Borrower and the other Loan Partiesany Obligor, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (ai) Independently and without reliance upon the Agent, 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 the Borrower Agent, each Obligor and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (iiB) its own appraisal of the creditworthiness of the Borrower Agent, each Obligor and the any other Loan PartiesLender, 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 with any credit or other information with respect thereto, whether coming into its possession before the making of the initial Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (bii) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibilitycollectability, priority or sufficiency of this Agreement Agreement, or the Revolving Credit Notes Other Agreements or any notes or the financial or other condition of the Borrower and the other Loan Partiesany Obligor. 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 Agreement or any other Loan Documentthe Other Agreements, or the financial condition of the Borrower and the other Loan Partiesany Obligor, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (ai) Independently and without reliance upon the Agent, 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 the Borrower Agent, each Obligor and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (iiB) its own appraisal of the creditworthiness of the Borrower Agent, each Obligor and the any other Loan PartiesLender, 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 with any credit or other information with respect thereto, whether coming into its possession before the making of the initial Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (bii) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibilitycollectability, priority or sufficiency of this Agreement or the Revolving Credit Notes Other Agreements or any notes or the financial or other condition of the Borrower and the other Loan Partiesany Obligor. 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 Agreement or any other Loan Documentthe Other Agreements, or the financial condition of the Borrower and the other Loan Partiesany Obligor, or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on Agent. (aA) Independently and without reliance upon the Agent, 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 the Borrower and the other Loan Parties in connection with the taking or not taking of any action related hereto in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrower and the other Loan PartiesBorrower, 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 initial Loans any Loan, Advance or the issuance of the Initial any Letter of Credit or at any time or times thereafter. (bB) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement Agreement, the Notes or the Revolving Credit Notes other Financing Agreements or the financial or other condition of the Borrower and the other Loan PartiesBorrower. 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 Agreement Agreement, the Notes or any of the other Loan DocumentFinancing Agreements, or the financial condition of the Borrower and the other Loan PartiesBorrower, or the existence or possible existence of any Default or Event of Default, unless specifically requested to do so in writing by any Lender.

Lack of Reliance on Agent. (ai) Independently and without reliance upon the Agent, 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 the Borrower Agent, each Obligor and the any other Loan Parties Lender in connection with the taking or not taking of any action related hereto in connection herewith and (iiB) its own appraisal of the creditworthiness of the Borrower Agent, each Obligor and the any other Loan PartiesLender, 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 initial Loans or the issuance of the Initial Letter of Credit or at any time or times thereafter. (bii) The Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectibility, priority or sufficiency of this Agreement or the Revolving Credit Notes any notes or the financial or other condition of the Borrower and the other Loan Partiesany Obligor. 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 Agreement or any other Loan Documentthe notes, or the financial condition of the Borrower and the other Loan Partiesany Obligor, or the existence or possible existence of any Default or Event of Default, unless specifically requested to do so in writing by any Lender.