Lack of Reliance on the Administrative Agent. Independently and without reliance upon the Administrative Agent, each Lender and each holder of any 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 the Borrower in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrower, except as expressly provided in this Agreement, the Administrative Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender or the holder of any Note 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 this Agreement or any other Financing Document or the financial condition of the Borrower or 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 Financing Document, or the financial condition of the Borrower or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Pg&e Corp)
Lack of Reliance on the Administrative Agent. Independently and without reliance upon the Administrative Agent, each Lender Bank (which for purposes of this Section 11.03 includes the Swingline Bank) and each the holder of any each Note, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation and appraisal of the financial condition and affairs of the Borrower Borrowers and the Guarantor in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrowerand, except as expressly provided in this Agreement, the Administrative Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender Bank or the holder of any Note 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 this Agreement or any other Financing Credit Document or the financial condition of the Borrower Borrowers or the 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 or any other Financing Credit Document, or the financial condition of the Borrower Borrowers or the Guarantor or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Omnicom Group Inc)
Lack of Reliance on the Administrative Agent. Independently and without reliance upon the Administrative Agent, each Lender Bank and each the holder of any each 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 Parent and the Borrower in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of Parent and the BorrowerBorrower and, except as expressly provided in this Agreement, the Administrative 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 Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender Bank or the holder of any Note 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 this Agreement or any other Financing Credit Document or the financial condition of Parent and the Borrower or 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 Financing Credit Document, or the financial condition of Parent and the Borrower or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Gleason Corp /De/)
Lack of Reliance on the Administrative Agent. Independently and without reliance upon the Administrative Agent, each Lender and each holder of any NoteLender, 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 the Borrower Holdings and its Subsidiaries in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the BorrowerHoldings and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent shall not have no any duty or responsibility, either initially or on a continuing basis, to provide any Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender or the holder of any Note 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, collectibilitycollectability, priority or sufficiency of this Agreement or any other Financing Credit Document or the financial condition of the Borrower Holdings or any of 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 Agreement or any other Financing Credit Document, or the financial condition of the Borrower Holdings or any of its Subsidiaries or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Samples: Short Term Credit Agreement (CURO Group Holdings Corp.)
Lack of Reliance on the Administrative Agent. Independently and without reliance upon the Administrative Agent, each Lender and each holder of any NoteLender, to the extent it deems appropriate, has made and shall continue to make (ia) its own independent investigation of the financial condition and affairs of the Borrower Parent and its Subsidiaries in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (iib) its own appraisal of the creditworthiness of the BorrowerParent and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent shall not have no any duty or responsibility, either initially or on a continuing basis, to provide any Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender or the holder of any Note 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, collectibilitycollectability, priority or sufficiency of this Agreement or any other Financing Loan Document or the financial condition of the Borrower Parent and their Subsidiaries or 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 Financing Loan Document, or the financial condition of the Borrower Parent and their Subsidiaries or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Lack of Reliance on the Administrative Agent. Independently and without reliance upon the Administrative Agent, each Lender and each the holder of any each 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 the Borrower Credit Parties in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the BorrowerCredit Parties and, except as expressly provided in this Agreement, the Administrative Agent shall not have no any duty or responsibility, either initially or on a continuing basis, to provide any Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender or the holder of any Note 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 this Agreement or any other Financing Credit Document or the financial condition of the Borrower Credit Parties or 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 Financing Credit Document, or the financial condition of the Borrower Credit Parties or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Lack of Reliance on the Administrative Agent. Independently and -------------------------------------------- without reliance upon the Administrative Agent, each Lender and each holder of any 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 the Borrower in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrower, except as expressly provided in this Agreement, the Administrative Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender or the holder of any Note 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 this Agreement or any other Financing Document or the financial condition of the Borrower or 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 Financing Document, or the financial condition of the Borrower or the existence or possible existence of any Default or Event of Default.
Appears in 1 contract
Samples: Credit Agreement (Pg&e Corp)