Common use of Lack of Reliance Clause in Contracts

Lack of Reliance. on the Administrative Agent, the Documentation Agent and the Syndication Agent. Independently and without reliance upon the Administrative Agent, the Documentation Agent and the Syndication Agent, each Bank and the holder of 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 Furniture Brands 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 Furniture Brands and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent, the Documentation Agent and the Syndication Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any 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. None of the Administrative Agent, the Documentation Agent or the Syndication Agent or any of their respective affiliates nor any of their respective officers, directors, agents, or employees shall be responsible to any 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 Credit Document or the financial condition of Furniture Brands 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 Agreement or any other Credit Document, or the financial condition of Furniture Brands and its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Lack of Reliance. on ON THE ADMINISTRATIVE AGENT AND THE SYNDICATION AGENT. Each Lender expressly acknowledges that none of the Administrative Agent, the Documentation Syndication Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Administrative Agent or the Syndication AgentAgent hereinafter taken, including any review of the affairs of the Borrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent or the Syndication Agent to any Lender. Independently and without reliance upon the Administrative Agent, the Documentation Syndication Agent and the Syndication Agentor any other Lender, each Bank Lender and the holder of each Note, to the extent it deems appropriate and based on such documents and information as it deems appropriate, has made and shall continue to make (i) its own independent investigation of the business, assets, operations, property, prospects, financial condition and other conditions and affairs of Furniture Brands the Borrower 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 credit analysis and appraisal of the creditworthiness of Furniture Brands the Borrower and its Subsidiaries and, except as expressly provided in this Agreement, neither the Administrative Agent, the Documentation Agent and nor the Syndication Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Bank Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its the possession of the Administrative Agent, the Syndication Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates before the making of the Loans or at any time or times thereafter. None of the The Administrative Agent, the Documentation Agent or and the Syndication Agent or any of their respective affiliates nor any of their respective officers, directors, agents, or employees shall not be responsible to any Bank 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 Credit Document or the financial condition of Furniture Brands the Borrower 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 Agreement or any other Credit Document, or the financial condition of Furniture Brands the Borrower and its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Lack of Reliance. on the Administrative Agent, the Documentation Agent and the Syndication Agent. Independently and without reliance upon the Administrative Agent, the Documentation Agent and or the Syndication Agent, each Bank and the holder of 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 Furniture Brands the Borrower and its Subsidiaries and Joint Ventures 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 Furniture Brands the Borrower and its Subsidiaries and Joint Ventures and, except as expressly provided in this Agreement, neither the Administrative Agent, the Documentation Agent and nor the Syndication Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any 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. None of Neither the Administrative Agent, the Documentation Agent or nor the Syndication Agent or any of their respective affiliates nor any of their respective officers, directors, agents, or employees shall be responsible to any 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 Credit Document or the financial condition of Furniture Brands and the Borrower or any of its Subsidiaries or Joint Ventures 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 financial condition of Furniture Brands and the Borrower or any of its Subsidiaries or Joint Ventures or the existence or possible existence of any Default or Event of Default.

Lack of Reliance. on the Administrative Agent, the Documentation Agent and the Syndication Agent. Independently and without reliance upon the Administrative Agent, the Documentation Agent and the Syndication Agent, each Bank and the holder of 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 Furniture Brands 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 Furniture Brands and its Subsidiaries Sub- sidiaries and, except as expressly provided in this Agreement, the Administrative Agent, the Documentation Agent and the Syndication Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any 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. None of the Administrative Agent, the Documentation Agent or the Syndication Agent or any of their respective affiliates nor any of their respective officers, directors, agents, or employees shall be responsible to any 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 Credit Document or the financial condition of Furniture Brands 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 Agreement or any other Credit Document, or the financial condition of Furniture Brands and its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Lack of Reliance. on the Administrative AgentON THE AGENTS, the Documentation Agent and the Syndication AgentTHE JOINT LEAD ARRANGERS AND THE MANAGING AGENTS. Independently and without reliance upon the Administrative Agent, the Documentation Agent and the Syndication Agent, the Documentation Agent, the Joint Lead Arrangers and the Managing Agents, each Bank Lender and the holder of 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 Furniture Brands 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 credit worthiness of Furniture Brands Holdings and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent, the Syndication Agent, the Documentation Agent Agent, the Joint Lead Arrangers and the Syndication Agent Managing Agents shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Bank 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. None of the Administrative Agent, the Syndication Agent, the Documentation Agent or Agent, the Syndication Agent Joint Lead Arrangers, the Managing Agents or any of their respective affiliates nor any of their respective officers, directors, agents, or employees shall be responsible to any Bank Lender or the holder of any Note for for, or be required or have any duty to ascertain, inquire or verify the accuracy of, (i) any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for herewith, (ii) the execution, effectiveness, genuineness, validity, enforceability, perfection, collectibility, priority or sufficiency of this Agreement or any other Credit Document or Document, (iii) the financial condition of Furniture Brands Holdings and any of its Subsidiaries or be required to make any inquiry concerning either Subsidiaries, (iv) the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit Document, (v) the satisfaction of any of the conditions precedent set forth in Section 5 or the financial condition of Furniture Brands and its Subsidiaries 6, or (vi) the existence or possible existence of any Default or Event of Default.