Common use of Lack of Reliance on the Administrative Agent Clause in Contracts

Lack of Reliance on the Administrative Agent. Independently and without reliance on the Administrative Agent, each Lender, to the extent it has deemed appropriate, has made and shall continue to make (i) its own independent investigations of the financial condition and affairs of the Borrower in connection with the making and the continuance of any Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrower and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide the Lenders with any credit or other information with respect thereto, whether coming into its possession before the making of any Loans or at any time or times thereafter. The Administrative 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, perfection, collectibility, priority or sufficiency of this Agreement or any other Credit 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 Credit Document, or the satisfaction of any of the conditions precedent set forth in Article 4 (CONDITIONS TO CREDIT EXTENSIONS) or the financial condition of the Borrower or the existence or possible existence of any Default.

Appears in 2 contracts

Samples: Credit Agreement (FS Energy & Power Fund), Credit Agreement (FS Investment CORP)

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Lack of Reliance on the Administrative Agent. Independently and without reliance on the Administrative Agent, each Lender, to the extent Each Lender acknowledges that it has deemed appropriate, has made and shall continue to make (i) its own independent investigations investigation of the financial condition and affairs of the Borrower each Loan Party and each of their Subsidiaries in connection with the making and the continuance of any 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 each Loan Party and each of their Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide the Lenders any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of any the Loans or at any time or times thereafter. The Administrative 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, perfection, collectibility, priority or sufficiency of this Agreement or any other Credit Loan Document or the financial condition of the Borrower any Loan Party 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 Credit Loan Document, or the satisfaction of any of the conditions precedent set forth in Article 4 (CONDITIONS TO CREDIT EXTENSIONS) or the financial condition of the Borrower any Loan Party or any of its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Wyndham International Inc)

Lack of Reliance on the Administrative Agent. Independently and without reliance on the Administrative Agent, each Lender, to the extent it has deemed appropriate, has made and shall continue to make (i) its own independent investigations of the financial condition and affairs of the Borrower in connection with the making and the continuance of any Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of the Borrower and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide the Lenders with any credit or other information with respect thereto, whether coming into its possession before the making of any Loans or at any time or times thereafter. The Administrative 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, perfection, collectibilitycollectability, priority or sufficiency of this Agreement or any other Credit 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 Credit Document, or the satisfaction of any of the conditions precedent set forth in Article 4 (CONDITIONS TO CREDIT EXTENSIONS) or the financial condition of the Borrower or the existence or possible existence of any Default.

Appears in 1 contract

Samples: Credit Agreement (Corporate Capital Trust, Inc.)

Lack of Reliance on the Administrative Agent. (a) Independently and without reliance on upon the Administrative Agent, each Lender, to the extent it has deemed deems appropriate, has made and shall continue to make (i) its own independent investigations investigation of the financial condition and affairs of the Borrower Consolidated Companies in connection with the making and the continuance of any Loans and the taking or not taking of any action in connection herewith herewith, and (ii) its own appraisal of the creditworthiness of the Borrower Consolidated Companies, and, except as expressly provided in this Agreement, the Administrative Agent shall not have any no duty or responsibility, either initially or on a continuing basis, to provide the Lenders any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of any the Loans or at any time or times thereafter. . (b) The Administrative 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, perfection, collectibility, priority or sufficiency of this Agreement Agreement, the Notes, the Subsidiary Guaranties, or any other Credit Document documents contemplated hereby or thereby, or the financial condition of the Borrower Consolidated Companies, or be required to make any inquiry concerning concurring either the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit DocumentAgreement, the Notes, the Subsidiary Guaranties, or the satisfaction of any of the conditions precedent set forth in Article 4 (CONDITIONS TO CREDIT EXTENSIONS) other documents contemplated hereby or thereby, or the financial condition of the Borrower Consolidated Companies, or the existence or possible existence of any Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (CBRL Group Inc)

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Lack of Reliance on the Administrative Agent. Independently and without reliance on upon the Administrative Agent, each LenderBank, to the extent it has deemed deems appropriate, has made and shall continue to make (i) its own independent investigations investigation of the financial condition and affairs of the Borrower Borrowers in connection with the making and the continuance of any 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 Borrowers and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide the Lenders any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loans Loan or at any time or times thereafter. The Administrative Agent shall not be responsible to any Lender Bank 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 Credit Document or the financial condition of the any Borrower or Borrowers, 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 Credit Document, or the satisfaction of any of the conditions precedent set forth in Article 4 (CONDITIONS TO CREDIT EXTENSIONS) or the financial condition of the any Borrower or Borrowers, or the existence or possible existence of any Default or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Nicholas Applegate Fund Inc)

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