Common use of Limitation of responsibility of Existing Lender Clause in Contracts

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 18; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise. (d) In relation to any assignment or transfer by the Existing Lender under this Clause 18, the relevant New Lender agrees to be bound by any consent, waiver or decision given or made by the Existing Lender in connection with the Finance Documents prior to such assignment or transfer.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-assignment or a re-assignment and re-transfer by assumption of contract (Vertragsübernahme) from a New Lender of any of the rights and obligations assigned or assigned and transferred by assumption of contract (Vertragsübernahme') under this ClauseClause 23; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an any Obligor; or; (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and; (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document; and (iii) is a person whose ordinary business includes participation in syndicated facilities of this type. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a the New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each The New Lender confirms to the Existing Lender and the other Finance Secured Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer or re-assignment from a the New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 22; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and or extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-assignment or a re-assignment and re-transfer by assumption of contract (Vertragsübernahme) from a New Lender of any of the rights and obligations assigned or assigned and transferred by assumption of contract (Vertragsübernahme) under this ClauseClause 23; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; , or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligorthe Company; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; , or (C) any observance by any Obligor the Company of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including including, without limitation, the financial condition and affairs of each Obligor the Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor the Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes make no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any statement or information other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance DocumentDocument to which it is a party; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Borrower and its related entities whilst any amount is or may be outstanding under the Finance Documents or the Commitment is in force. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 21; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor the Borrower of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Senior Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Senior Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Senior Finance Document or any other document, -135- and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that itthat: (i) it has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Senior Finance Document; (ii) it will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Senior Finance Documents or any Commitment is in force; and (iii) if all or any of the Advances or other rights transferred are rescheduled or renegotiated, the New Lender and not the Existing Lender will be subject to the rescheduled or renegotiated terms. (c) Nothing in any Senior Finance Document requires obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clauseclause 27; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Senior Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) 20.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other documentLender, and any representations or warranties implied by law are hereby excluded, including but not limited to any representations or warranties relating to: (i) the legality, validity, effectiveness, adequacy or enforceability of the Operative Documents or any other documents; (ii) the financial condition of the Borrower or the Guarantor; (iii) the performance and observance by the Borrower or the Guarantor of its obligations under the Operative Documents or any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or in connection with any Operative Document or any other document. (b) 20.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties that it: it (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance DocumentOperative Document and (ii) will continue to make its own independent appraisal of the creditworthiness of the Borrower and its related entities while any amount is or may be outstanding under the Operative Documents or any Commitment is in force. (c) 20.4.3 Nothing in any Finance Operative Document requires obliges an Existing Lender to: (i) accept a re-transfer from to indemnify a New Lender in respect of any of the rights and obligations assigned or transferred under this Clause; or (ii) the Operative Documents or to support any losses directly or indirectly incurred by the New Lender by reason of the non-non performance by any Obligor the Borrower of its obligations under any Finance Document the Operative Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) 26.3.1 Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a the New Lender for: (i) the financial condition of an Obligor; or (iia) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bb) the financial condition of the Obligors; (c) the performance and observance by any statement Obligor of its obligations under the Finance Documents or information any other documents; or (d) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and ; and (e) any representations or warranties implied by law are excluded. (b) Each 26.3.2 The New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (b) will continue to make its own independent appraisal of the creditworthiness of the Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or the amount of any Available Facility is greater than zero or any Commitment is in force. (c) 26.3.3 Nothing in any Finance Document requires obliges an Existing Lender to: (ia) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 26; or (iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other documentdocuments, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and or extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) 24.3.1 Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a the New Lender for: (i) the financial condition of an Obligor; or (iia) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bb) the financial condition of the Obligors; (c) the performance and observance by any statement Obligor of its obligations under the Finance Documents or information any other documents; or (d) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each 24.3.2 The New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (b) will continue to make its own independent appraisal of the creditworthiness of the Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents. (c) 24.3.3 Nothing in any Finance Document requires obliges an Existing Lender to: (ia) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 24; or (iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a the New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each The New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer or re-assignment from a the New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 24; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an no Existing Lender makes no a representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of the Company; (iii) the performance and observance by the Company of its obligations under the Finance Documents or any statement or information other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties Lender that is not transferring its Commitments (Non-Transferring Lender) that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Company and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 19; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor the Company of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any Finance Document enforceability of the Transaction Documents or any other documentdocuments; (Bii) the financial condition of any statement of the Obligors; (iii) the performance and observance by each Obligor of its obligations under the Transaction Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document Transaction Documents or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Obligors and its their related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Transaction Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Obligors and their related entities whilst any amount is or may be outstanding under the Transaction Documents or any Commitment is in force. (c) Nothing in any Finance Transaction Document requires obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 23; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any an Obligor of its obligations under any Finance Document or otherwisethe Transaction Documents.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and or extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any Finance Document or otherwise.. 91 CREDIT AGREEMENT

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligorthe Company; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; , or (C) any observance by any Obligor the Company of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and; (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document; (iii) has conducted its own investigation in connection with the Finance Documents and has not relied upon the Existing Lender to conduct any due diligence investigation on its behalf; (iv) has access to all information that it believes is necessary or appropriate in connection with its participation of this Agreement and it is able to obtain or access business and financial information without undue difficulty; (v) has consulted its own independent advisors or otherwise has satisfied itself concerning, without limitation, the tax, legal, currency and other economic considerations related to its participation in this Agreement, and has only relied on the advice of, or has only consulted with, such independent advisers; (vi) has not relied and will not rely on any investigation or due diligence that the Existing Lender or any of its affiliates or employees or any person acting on behalf of the Existing Lender may have conducted in connection with the Finance Documents (including the financial condition and affairs of the Company and its related entities and the nature and extent of any recourse against any Party or its assets), and none of such persons has made any representation, warranty or recommendation to that New Lender, express or implied, in connection with the Finance Documents (including the financial condition and affairs of the Company and its related entities and the nature and extent of any recourse against any Party or its assets) or the accuracy, completeness or adequacy of any information that New Lender obtain from public sources or from the Company in any form (including, without limitation, oral statements, written materials and electronic communications and data of any kind); and (vii) will not hold the Existing Lender, its affiliates or the officers, directors or employees responsible for any misstatements in or omissions from information it obtains from public sources or from the Company in any form (including, without limitation, oral statements, written materials and electronic communications and data of any kind). (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor the Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes make no representation or warranty and assumes assume no responsibility to a the New Lender Lenders for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any Finance Document enforceability of the Transaction Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Transaction Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, received a copy of the Original Facility Agreement together with such other information as it has required in connection with this transaction; (ii) has made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and the Amended Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Transaction Document; and (iii) will continue to make its own independent approval of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Transaction Documents or any Commitment is in force. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer from a any New Lender of any of the rights and obligations assigned or transferred by assumption under this ClauseAgreement; or (ii) support any losses directly or indirectly incurred by the a New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 19; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any statement or information other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded., (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Borrower and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 22; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor the Borrower of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of the Company or any statement other person; (iii) the performance and observance by the Company or information any other person of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded.. 1224235-v10\TOKDMS - 55 - (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Company and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 23; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by the Company or any Obligor other person of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) 23.3.1 Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (iia) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bb) the financial condition of any statement Obligor; (c) the performance and observance by an Obligor of its obligations under the Finance Documents or information any other documents; or (d) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) 23.3.2 Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) Obligors in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (b) will continue to make its own independent appraisal of the creditworthiness of the Borrower whilst any amount is or may be outstanding under the Finance Documents or any commitment is in force. (c) 23.3.3 Nothing in any Finance Document requires an obliges the Existing Lender to: (ia) accept a re-transfer Transfer from a New Lender of any of the rights and obligations assigned or transferred Transferred under this ClauseClause 23 (Changes to the Parties); or (iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any an Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; , or (C) any observance by any Obligor of its obligations under any Finance Document or any other documentdocuments, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document. (c) Nothing in any Finance Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any either Obligor of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any statement or information other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Borrower and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 21 (Changes to the Lender); or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor the Borrower of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires obliges an Existing Lender to: (i) accept a re-assignment or a re-assignment and re-transfer by assumption of contract (Vertragsübernahme) from a New Lender of any of the rights and obligations assigned or assigned and transferred by assumption of contract (Vertragsübernahme’) under this ClauseClause 23; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bii) the financial condition of the Borrower; (iii) the performance and observance by the Borrower of its obligations under the Finance Documents or any statement or information other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each The New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of the Borrower and of the risks arising under or in connection with the Finance Documents whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document requires an obliges the Existing Lender to: (i) accept a re-transfer or re-assignment from a the New Lender of any of the rights and obligations assigned or transferred under this Clauseclause 26; or (ii) support guarantee, indemnify or otherwise hold harmless the New Lender in respect of any losses cost, loss or liability directly or indirectly incurred by the New Lender by as a reason of the non-performance by any Obligor the Borrower of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a the New Lender for: (i) the financial condition of an Obligorthe Company; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Document; , or (C) any observance by any Obligor the Company of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each The New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor the Company and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and; (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Document; (iii) has conducted its own investigation in connection with the Finance Documents and has not relied upon the Existing Lender to conduct any due diligence investigation on its behalf; (iv) has access to all information that it believes is necessary or appropriate in connection with its participation of this Agreement and it is able to obtain or access business and financial information without undue difficulty; (v) has consulted its own independent advisors or otherwise has satisfied itself concerning, without limitation, the tax, legal, currency and other economic considerations related to its participation in this Agreement, and has only relied on the advice of, or has only consulted with, such independent advisers; (vi) has not relied and will not rely on any investigation or due diligence that the Existing Lender or any of its affiliates or employees or any person acting on behalf of the Existing Lender may have conducted in connection with the Finance Documents (including the financial condition and affairs of the Company and its related entities and the nature and extent of any recourse against any Party or its assets), and none of such persons has made any representation, warranty or recommendation to that New Lender, express or implied, in connection with the Finance Documents (including the financial condition and affairs of the Company and its related entities and the nature and extent of any recourse against any Party or its assets) or the accuracy, completeness or adequacy of any information that New Lender obtain from public sources or from the Company in any form (including, without limitation, oral statements, written materials and electronic communications and data of any kind); and (vii) will not hold the Existing Lender, its affiliates or the officers, directors or employees responsible for any misstatements in or omissions from information it obtains from public sources or from the Company in any form (including, without limitation, oral statements, written materials and electronic communications and data of any kind). (c) Nothing in any Finance Document requires an the Existing Lender to: (i) accept a re-transfer from a the New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor the Company of its obligations under any Finance Document or otherwise.

Limitation of responsibility of Existing Lender. (a) 25.3.1 Unless expressly agreed to the contrary, an the Existing Lender makes no representation or warranty and assumes no responsibility to a the New Lender for: (i) the financial condition of an Obligor; or (iia) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Finance Document Documents or any other documentdocuments; (Bb) the financial condition of the Obligors; (c) the performance and observance by any statement Obligor of its obligations under the Finance Documents or information any other documents; or (d) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each 25.3.2 The New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) Agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Finance Document; and (b) will continue to make its own independent appraisal of the creditworthiness of the Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or the amount of any Available Facility is greater than zero or any Commitment is in force. (c) 25.3.3 Nothing in any Finance Document requires obliges an Existing Lender to: (ia) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this ClauseClause 25; or (iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Finance Document Documents or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligorthe Borrower; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness or performance of: (A) any Finance Transaction Document or any other document; (B) any statement or information (whether written or oral) made in or supplied in connection with any Finance Transaction Document; , or (C) any observance by any Obligor the Borrower of its obligations under any Finance Transaction Document or any other documentdocuments, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made, and will continue to make, its own independent appraisal of all risks arising under or in connection with the Finance Transaction Documents (including the financial condition and affairs of each Obligor the Borrower and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) has not relied exclusively on any information supplied to it by the Existing Lender in connection with any Finance Transaction Document. (c) Nothing in any Finance Transaction Document requires an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause; or (ii) support any losses incurred by the New Lender by reason of the non-performance by any Obligor the Borrower of its obligations under any Finance Transaction Document or otherwise.

Limitation of responsibility of Existing Lender. (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the financial condition of an Obligor; or (ii) the legality, validity, effectiveness, enforceability, adequacy, accuracy, completeness adequacy or performance of: (A) any enforceability of the Senior Finance Document Documents or any other documentdocuments; (Bii) the financial condition of any statement Obligor; (iii) the performance and observance by any Obligor of its obligations under the Senior Finance Documents or information any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or supplied in connection with any Finance Document; or (C) any observance by any Obligor of its obligations under any Senior Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that itthat: (i) it has made, made (and will shall continue to make, ) its own independent appraisal investigation and assessment of all risks arising under or in connection with the Finance Documents (including the financial condition and affairs of each Obligor and its related entities and the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement; and (ii) agreement and has not relied exclusively on any information supplied provided to it by the Existing Lender in connection with any Senior Finance Document; (ii) it will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Senior Finance Documents or any Commitment is in force; and (iii) if all or any of the Advances or other rights transferred are rescheduled or renegotiated, the New Lender and not the Existing Lender will be subject to the rescheduled or renegotiated terms. (c) Nothing in any Senior Finance Document requires obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clauseclause 27; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under any the Senior Finance Document Documents or otherwise.