Common use of Lender’s Representations, Warranties and Acknowledgements Clause in Contracts

Lender’s Representations, Warranties and Acknowledgements. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Administrative Borrower and its Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Administrative Borrower and its Subsidiaries. Neither the Agent nor the Co-Collateral Agents shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender 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, and neither the Agent nor the Co-Collateral Agents shall have any responsibility with respect to the accuracy of or the completeness of any information provided to the Lenders. Each Lender and the Issuing Bank acknowledge that neither the Agent nor the Co-Collateral Agents or Related Person of the Agent or the Co-Collateral Agents, as applicable, has made any representation or warranty to it. Except for documents expressly required by any Loan Document to be transmitted by the Agent or the Co-Collateral Agents, as applicable, to the Lenders or the Issuing Bank, neither the Agent nor the Co-Collateral Agents shall have any duty or responsibility (either express or implied) to provide any Lender or the Issuing Bank with any credit or other information concerning any Loan Party or any Affiliate of a Loan Party, including the business, prospects, operations, property, financial and other condition or creditworthiness of any Loan Party or any Affiliate of a Loan Party, that may come in to the possession of the Agent or the Co-Collateral Agents, as applicable, or any of their Related Persons.

Lender’s Representations, Warranties and Acknowledgements. (a) Each Lender and the Issuing Bank (if any) represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Administrative Borrower and its Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Administrative Borrower and its Subsidiaries. Neither the No Agent nor the Co-Collateral Agents shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of the Lenders or the Issuing Bank (if any) or to provide any Lender or the Issuing Bank (if any) with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or the issuance of any Letters of Credit or at any time or times thereafter, and neither the no Agent nor the Co-Collateral Agents shall have any responsibility with respect to the accuracy of or the completeness of any information provided to the Lenders. Each Lender and the Issuing Bank acknowledge (if any) acknowledges that neither the no Agent nor the Co-Collateral Agents or Related Person of the any Agent or the Co-Collateral Agents, as applicable, has made any representation or warranty to it. Except for documents expressly required by any Loan Document to be transmitted by the an Agent or the Co-Collateral Agents, as applicable, to the Lenders or the Issuing BankBank (if any), neither the no Agent nor the Co-Collateral Agents shall have any duty or responsibility (either express or implied) to provide any Lender or the any Issuing Bank with any credit or other information concerning any Loan Party or any Affiliate of a Loan Party, including the business, prospects, operations, property, financial and other condition or creditworthiness of any Loan Party or any Affiliate of a Loan Party, that may come in to the possession of the an Agent or any of its Related Persons. Each Lender and the Co-Collateral AgentsIssuing Bank (if any), by delivering its signature page to this Agreement or an Assignment and Acceptance and funding its Loan or issuing a Letter of Credit, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be approved by any Agent, the Required Lenders or the Lenders, as applicable, or any of their Related Personson the Closing Date.

Lender’s Representations, Warranties and Acknowledgements. (a) Each Lender and each Issuer represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Administrative Borrower Borrowers and its their Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Administrative Borrower Borrowers and its their Subsidiaries. Neither the No Agent nor the Co-Collateral Agents shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or any other Credit Extensions or at any time or times thereafter, and neither the no Agent nor the Co-Collateral Agents shall have any responsibility with respect to the accuracy of or the completeness of any information provided to the Lenders. Each Lender and the Issuing Bank acknowledge each Issuer acknowledges that neither the no Agent nor the Co-Collateral Agents or Related Person Party of the any Agent or the Co-Collateral Agents, as applicable, has made any representation or warranty to it. Except for documents expressly required by any Loan Document to be transmitted by the an Agent or the Co-Collateral Agents, as applicable, to the Lenders or the Issuing Bankany applicable Issuer, neither the no Agent nor the Co-Collateral Agents shall have any duty or responsibility (either express or implied) to provide any Lender or the Issuing Bank such applicable Issuer with any credit or other information concerning any Loan Party or any Affiliate of a Loan PartyObligor, including the business, prospects, operations, property, financial and other condition or creditworthiness of any Loan Party Obligor or any Affiliate of a Loan Partyan Obligor, that may come in to the possession of the an Agent or any of its Related Parties. Each Lender and each Issuer, by delivering its signature page to this Agreement or a Lender Assignment Agreement and funding its Loan and/or making any other Credit Extension hereunder, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be approved by or acceptable or satisfactory to any Agent, the Co-Collateral AgentsRequired Lenders or the Lenders, as applicable, or any of their Related Personson the Closing Date.

Lender’s Representations, Warranties and Acknowledgements. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Administrative Borrower Borrowers and its their Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Administrative Borrower Borrowers and its their Subsidiaries. Neither the No Agent nor the Co-Collateral Agents shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender 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, and neither the no Agent nor the Co-Collateral Agents shall have any responsibility with respect to the accuracy of or the completeness of any information provided to the Lenders. Each Lender and the Issuing Bank acknowledge each Issuer acknowledges that neither the no Agent nor the Co-Collateral Agents or Related Person Party of the any Agent or the Co-Collateral Agents, as applicable, has made any representation or warranty to it. Except for documents expressly required by any Loan Document to be transmitted by the an Agent or the Co-Collateral Agents, as applicable, to the Lenders or the Issuing Bankany applicable Issuer, neither the no Agent nor the Co-Collateral Agents shall have any duty or responsibility (either express or implied) to provide any Lender or the Issuing Bank such applicable Issuer with any credit or other information concerning any Loan Party or any Affiliate of a Loan PartyObligor, including the business, prospects, operations, property, financial and other condition or creditworthiness of any Loan Party Obligor or any Affiliate of a Loan Partyan Obligor, that may come in to the possession of the an Agent or any of its Related Parties. Each Lender, by delivering its signature page to this Agreement or a lender Assignment Agreement and funding its Loan, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be approved by any Agent, the Co-Collateral AgentsRequired Lenders or the Lenders, as applicable, or any of their Related Personson the Closing Date.

Lender’s Representations, Warranties and Acknowledgements. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Administrative Borrower and its Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Administrative Borrower and its Subsidiaries. Neither the No Agent nor the Co-Collateral Agents shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans any Credit Extension or at any time or times thereafter, and neither the no Agent nor the Co-Collateral Agents shall have any responsibility with respect to the accuracy of or the completeness of any information provided to the Lenders. Each Lender and the Issuing Bank acknowledge acknowledges that neither the no Agent nor the Co-Collateral Agents or Related Person of the any Agent or the Co-Collateral Agents, as applicable, has made any representation or warranty to it. Except for documents expressly required by any Loan Document to be transmitted by the an Agent or the Co-Collateral Agents, as applicable, to the Lenders or the Issuing BankLenders, neither the no Agent nor the Co-Collateral Agents shall have any duty or responsibility (either express or implied) to provide any Lender or the Issuing Bank with any credit or other information concerning any Loan Party or any Affiliate of a Loan Partyits Affiliates, including the business, prospects, operations, property, financial and other condition or creditworthiness of any Loan Party or any Affiliate of a Loan Party, that may come in to the possession of the an Agent or any of its Related Persons. (b) Each Lender, by delivering its signature page to this Agreement or an Assignment and Assumption and funding its Loan of making any other Credit Extension, shall be deemed to have acknowledged receipt of, and consented to and approved, each Loan Document and each other document required to be approved by any Agent, the Co-Collateral AgentsRequired Lenders, or the Lenders, as applicable, or any of their Related Personshereunder (including each document delivered on the Closing Date).

Lender’s Representations, Warranties and Acknowledgements. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Holdings, the Administrative Borrower and its Subsidiaries in connection with the Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of Holdings, the Administrative Borrower and its respective Subsidiaries. Neither the No Agent nor the Co-Collateral Agents shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender 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, and neither the no Agent nor the Co-Collateral Agents shall have any responsibility with respect to the accuracy of or the completeness of any information provided to the Lenders. Each Lender and the Issuing Bank acknowledge acknowledges that neither the no Agent nor the Co-Collateral Agents or Related Person of the any Agent or the Co-Collateral Agents, as applicable, has made any representation or warranty to it. Except for documents expressly required by any Loan Document to be transmitted by the an Agent or the Co-Collateral Agents, as applicable, to the Lenders or the Issuing BankBanks, neither the no Agent nor the Co-Collateral Agents shall have any duty or responsibility (either express or implied) to provide any Lender or the Issuing Bank with any credit or other information concerning any Loan Party or any Affiliate of a Loan Party, including the business, prospects, operations, property, financial and other condition or creditworthiness of any Loan Party or any Affiliate of a Loan Party, that may come in to the possession of the an Agent or any of its Related Persons. (b) Each Lender, by delivering its signature page to this Agreement or an Assignment and Acceptance and funding its Loan, shall be deemed to have acknowledged receipt of, and consented to and 172 approved, each Loan Document and each other document required to be approved by any Agent, the Co-Collateral AgentsRequired Lenders or the Lenders, as applicable, or any of their Related Personson the Closing Date. Section 9.12.