Common use of Lack of Reliance on Agent Clause in Contracts

Lack of Reliance on Agent. Independently and without reliance upon Agent, each Secured Party, 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 Company and its subsidiaries in connection with such Secured Party’s investment in Debtors, the creation and continuance of the Obligations, the transactions contemplated by the Transaction Documents, and the taking or not taking of any action in connection therewith, and (ii) its own appraisal of the creditworthiness of Company and its subsidiaries, and of the value of the Collateral from time to time, and Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Secured Party with any credit, market or other information with respect thereto, whether coming into its possession before any Obligations are incurred or at any time or times thereafter. Agent shall not be responsible to Debtors or any Secured Party 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, perfection, collectibility, priority or sufficiency of the Agreement or any other Transaction Document, or for the financial condition of Debtors or the value of any of the Collateral, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of the Agreement or any other Transaction Document, or the financial condition of Debtors, or the value of any of the Collateral, or the existence or possible existence of any default or Event of Default under the Agreement, the Debentures or any of the other Transaction Documents.

Lack of Reliance on Agent. (A) Independently and without reliance upon Agent, each Secured Partyany Lender or any Issuing Lender, to the extent it deems appropriate, has made and shall continue to make (iI) its own independent investigation of the financial or other condition and affairs of Company and its subsidiaries each Credit Party in connection with such Secured Party’s investment in Debtors, the creation and continuance of the Obligations, the transactions contemplated by the Transaction Documents, and the taking or not taking of any action in connection therewith, herewith and (iiII) its own appraisal of (A) the creditworthiness of Company and its subsidiarieseach Credit Party, and of (B) the value of the Collateral from time to timeCollateral, and 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 Secured Party Lender or any Issuing Lender with any credit, market credit or other information with respect thereto, whether coming into its possession before any Obligations are incurred the initial Credit Event or at any time or times thereafter. . (B) Agent shall not be responsible to Debtors any Lender or any Secured Party Issuing Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith, Credit Document or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectibility, priority or sufficiency of the this Credit Agreement or any other Transaction Document, Credit Document or for the financial or other condition of Debtors or the value of any of the Collateral, or Credit Party. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of the this Credit Agreement or any other Transaction Credit Document, or the financial condition of Debtors, or the value of any of the CollateralCredit Party, or the existence or possible existence of any default Default or Event of Default under Default, unless specifically requested to do so in writing by any Lender or Issuing Lender, as the Agreement, the Debentures or any of the other Transaction Documentscase may be.

Lack of Reliance on Agent. (a) Independently and without reliance upon the Agent, each Secured PartyLender, 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 Company the Borrower and its subsidiaries the other Credit Parties in connection with such Secured Party’s investment in Debtors, the creation and continuance of the Obligations, the transactions contemplated by the Transaction Documents, and the taking or not taking of any action in connection therewithherewith, and (ii) its own appraisal of the creditworthiness of Company the Borrower and its subsidiariesthe other Credit Parties, and of and, except as expressly provided in this Agreement, the value of the Collateral from time to time, and Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Secured Party Lender with any credit, market credit or other information with respect thereto, whether coming into its possession before any Obligations are incurred the making of the Loans or at any time or times thereafter. . (b) The Agent shall not be responsible to Debtors or any Secured Party Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith, herewith or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectibility, priority or sufficiency of this Agreement, the Agreement Notes, the Security Documents, or any other Transaction DocumentCredit Documents, or for the financial condition of Debtors the Borrower or the value of any of the Collateralother Credit 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 Agreement Notes, the Security Documents or any the other Transaction DocumentCredit Documents, or the financial condition of Debtors, the Borrower or the value of any of the Collateralother Credit Party, or the existence or possible existence of any default Default or Event of Default under the Agreement, the Debentures or any of the other Transaction DocumentsDefault.

Lack of Reliance on Agent. (a) Independently and without reliance upon Agent, each Secured Partyany Lender or any Issuing 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 Company and its subsidiaries each Credit Party in connection with such Secured Party’s investment in Debtors, the creation and continuance of the Obligations, the transactions contemplated by the Transaction Documents, and the taking or not taking of any action in connection therewith, herewith and (ii) its own appraisal of (A) the creditworthiness of Company and its subsidiarieseach Credit Party, and of (B) the value of the Collateral from time to timeCollateral, and 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 Secured Party Lender or any Issuing Lender with any credit, market credit or other information with respect thereto, whether coming into its possession before any Obligations are incurred the initial Credit Event or at any time or times thereafter. . (b) Agent shall not be responsible to Debtors any Lender or any Secured Party Issuing Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith, Credit Document or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectibility, priority or sufficiency of the this Credit Agreement or any other Transaction Document, Credit Document or for the financial or other condition of Debtors or the value of any of the Collateral, or Credit Party. Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of the this Credit Agreement or any other Transaction Credit Document, or the financial condition of Debtors, or the value of any of the CollateralCredit Party, or the existence or possible existence of any default Default or Event of Default under Default, unless specifically requested to do so in writing by any Lender or Issuing Lender, as the Agreement, the Debentures or any of the other Transaction Documentscase may be.