Lender Acknowledgment. Each Lender that has signed this Amendment shall be deemed to have consented to, approved or accepted or to be satisfied with, each document or other matter required hereunder to be consented to or approved by or acceptable or satisfactory to a Lender, unless the Administrative Agent shall have received notice from such Lender prior to the proposed Amendment No. 20 Effective Date specifying its objection thereto.
Lender Acknowledgment. Each of the undersigned Lenders hereby acknowledges that its Revolving Credit Commitment and Letter of Credit Commitment (if any), as applicable, shall be as set forth in Schedule I of the Restated Credit Agreement.
Lender Acknowledgment. Each of the undersigned Lenders hereby acknowledges that its Revolving Commitment, Additional Term Loan Commitment and Initial Term Loans, as applicable, shall be as set forth in Schedule 2.01 of the Restated Credit Agreement.
Lender Acknowledgment. Lender represents and warrants to New Partners and Existing Partners as of the date of this Agreement, that Lender has no actual direct knowledge that any of the acknowledgments, representations and warranties made by Borrower in paragraphs 7(a) and 7(b) above are not true and correct. However, Lender is not waiving and does not hereby waive any existing defaults if any in fact exist and nothing herein is intended to be nor shall it be construed to be a waiver of any existing defaults, material or immaterial, which may in fact exist. New Partners acknowledge and agree that the a breach of the acknowledgements, representations and warranties made by Borrower shall not in any way constitute a defense or give rise to any defense or right of offset, abatement, diminution or rescission as between Lender and New Partners. As used in this paragraph, “actual knowledge” means the actual state of mind of the person or persons directly responsible for the processing of the Borrower’s request for consent to the Interest Transfer and does not include any implied, constructive or imputed knowledge.
Lender Acknowledgment. On the Effective Date, the Lenders party hereto, in their capacity as "ABL Lenders" under (and as defined in) the Intercreditor Agreement and Xxxxx Fargo, in its capacity as "ABL Agent" under (and as defined in) the Intercreditor Agreement, acknowledge and consent to the Term Loan Indebtedness (to the extent a fully executed copy of the principal legal documents evidencing such Term Loan Indebtedness have been delivered to such Lenders and Agent) and each Loan Party's execution thereof.
Lender Acknowledgment. The Lender, by delivering its signature page to this Agreement, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document, agreement and instrument required to be approved by the Lender, as applicable, on the Closing Date, and its acknowledgement that each of the conditions set forth above has been satisfied to the Lender’s satisfaction.
Lender Acknowledgment. Each Lender hereby acknowledges that it is subject to and bound by the Re-Allocation Agreement. The Re-allocation Agreement is an agreement solely amongst the Lenders (and their successors and assigns) and is not an agreement to which Aleris or any of its Subsidiaries is party. As more fully provided therein, the Re-allocation Agreement can only be amended by the parties thereto in accordance with the provisions thereof.
Lender Acknowledgment. Each Lender acknowledges that the other Lender has not made any representation or warranty to it, and that no act by either Lender hereafter taken, including any consent and acceptance of any assignment or review of the affairs of the Loan Parties, shall be deemed to constitute any representation or warranty by either Lender to any other Lender as to any matter. Each Lender represents to the other Lender that it has, independently and without reliance upon such other Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Borrower, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Borrower. No Lender shall have any duty or responsibility to provide any other Lender with any credit or other information concerning the business, prospects, operations, property, financial or other condition or creditworthiness of the Borrower that may come into the possession of such Lender.
Lender Acknowledgment. Each of the undersigned Lenders hereby acknowledges that (i) its Revolving Commitments under the Restated Credit Agreement shall be as set forth on Schedule 2.01 of the Restated Credit Agreement and (ii) the Term Loans held by it under the Restated Credit Agreement shall be as set forth in the Register maintained by the Administrative Agent in accordance with Section 9.04(b)(iv) of the Restated Credit Agreement as of the Restatement Effective Date (which amount as of the Restatement Effective Date shall have been confirmed to each Lender on or prior to the Restatement Effective Date).
Lender Acknowledgment. Lender acknowledges that as of the date of this Agreement (a) the unpaid principal balance now owing on the Note is $10,715,019.85 with interest at the applicable interest rate and the last payment of $94,002.52 was made on September 10, 2001, and included interest through September 10, 2001, and (b) as of the date hereof, to the best of its knowledge, there are no defaults existing under the terms of any of the Loan Documents.
