Common use of Lenders’ Representations, Warranties and Acknowledgment Clause in Contracts

Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Borrower and the Servicer in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower and the Servicer. No Agent 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 no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this Agreement, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Document and each other document required to be approved by it, as applicable on the Effective Date.

Appears in 1 contract

Samples: Credit Agreement (CURO Group Holdings Corp.)

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Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants that it has made its own independent investigation investigation, without reliance upon any Agent or any other Person, of the financial condition and affairs of the Borrower and the Servicer Credit Parties in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower and the ServicerCredit Parties. No Agent 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 no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this AgreementAgreement or an Assignment Agreement and funding its Loans on the Closing Date, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Transaction Document and each other document required to be approved by itthe Requisite Lenders or Lenders or delivered to any Agent, as applicable applicable, on the Effective Closing Date. Each Lender hereby represents and warrants to the Borrower that it is a Qualif ied Purchaser. 10.6.

Appears in 1 contract

Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)

Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants acknowledges to the Administrative Agent that it has made its own independent investigation of the financial condition and affairs of the Borrower Borrower, Holdings and the Servicer their respective Subsidiaries, without reliance upon any Agent or any other Lender and based on such documents and information as it has deemed appropriate, in connection with Credit Extensions its Loan hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower Borrower, Holdings and the Servicertheir respective Subsidiaries. No Agent 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 no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this Agreement, an Assignment and Assumption or a Joinder Agreement and funding its Loan, or any New Term Loans, as the case may be, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Loan Document and each other document required to be approved by itany Agent, Required Lenders or Lenders, as applicable on the Effective Dateapplicable.

Appears in 1 contract

Samples: Credit Agreement (Spansion Inc.)

Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants acknowledges to the Administrative Agent that it has made its own independent investigation of the financial condition and affairs of the Borrower Borrower, Holdings and the Servicer their respective Subsidiaries, without reliance upon any Agent or any other Lender and based on such documents and information as it has deemed appropriate, in connection with its Credit Extensions Extension hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower Borrower, Holdings and the Servicertheir respective Subsidiaries. No Agent 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 no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this Agreement, an Assignment and Assumption or a Joinder Agreement and funding its Loan, participation in any Letter of Credit, or any New Revolving Loans, as the case may be, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Loan Document and each other document required to be approved by itany Agent, Required Lenders or Lenders, as applicable on the Effective Dateapplicable.

Appears in 1 contract

Samples: Revolving Credit Agreement (Spansion Inc.)

Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Borrower Parent and the Servicer its Subsidiaries in connection with Credit Extensions Loans hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower Parent and the Servicerits Subsidiaries. No Agent 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 no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this AgreementAgreement or an Assignment Agreement or a Joinder Agreement and funding its Loan, on the Effective Date, the Second Draw Date or the Increased Amount Date, as applicable, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Loan Document and each other document required to be approved by itany Agent, the Required Lenders or Lenders, as applicable on the Effective Date., the Second Draw Date or the Increased Amount Date, as applicable. Section 9.6

Appears in 1 contract

Samples: New Residential Investment Corp.

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Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants to the Administrative Agent that it has made its own independent investigation of the financial condition and affairs of the Borrower Borrower, Holdings and the Servicer their respective Subsidiaries, without reliance upon any Agent or any other Lender and based on such documents and information as it has deemed appropriate, in connection with its Credit Extensions Extension hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower Borrower, Holdings and the Servicertheir respective Subsidiaries. No Agent 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 no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this AgreementAgreement and funding its Loan, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Loan Document and each other document required to be approved by itany Agent, Required Lenders or Lenders, as applicable on the Effective Dateapplicable.

Appears in 1 contract

Samples: Credit Agreement (Spansion Inc.)

Lenders’ Representations, Warranties and Acknowledgment. (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Borrower Parent Guarantor and the Servicer its Subsidiaries in connection with the Credit Extensions Extension hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of the Borrower Parent Guarantor and the Servicerits Subsidiaries. Each Lender also acknowledges that it will, independently and without reliance upon any Agent or any other Lender or any of their Affiliates and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based on this Agreement, any other Loan Document or any related agreement or any document furnished hereunder or thereunder. No Agent 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 Term Loans or at any time or times thereafter, and no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders. (b) Each Agent and each Lender, by delivering its signature page to this Agreement, shall be deemed to have acknowledged receipt of, and consented to and approved, each Credit Document and each other document required to be approved by it, as applicable on the Effective Date.

Appears in 1 contract

Samples: Term Loan Agreement (Globe Specialty Metals Inc)

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