Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents; (ii) the financial condition of any Transaction Obligor; (iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it: (i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period. (c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders); or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 7 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 27 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 6 contracts
Samples: Revolving Facility Agreement (Nord Anglia Education, Inc.), Senior Revolving Facility Agreement (Nord Anglia Education, Inc.), Amendment and Restatement Agreement (Nord Anglia Education, Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition or other circumstances of the Site or the Phase II Project, any Transaction ObligorObligor or any other person;
(iii) the performance and observance by any Transaction Obligor or any other person of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and other condition, circumstances and affairs of the Site and the Phase II Project, each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)25; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 27 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 5 contracts
Samples: Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Taylor Maritime Investments LTD)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 26 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 5 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Term Loan Facility (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Limitation of responsibility of Existing Lenders. (a) 24.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Relevant Documents or any other documents;
(iib) the financial condition of any Transaction ObligorSecurity Party;
(iiic) the performance and observance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document of the Relevant Documents or any other document, and any representations or warranties implied by law are excluded.
(b) 24.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor Security Party and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or of the Transaction SecurityRelevant Documents; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor Security Party and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 24.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)24; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or otherwise.
Appears in 5 contracts
Samples: Secured Loan Agreement, Secured Loan Facility Agreement (Diana Containerships Inc.), Secured Loan Agreement (Diana Containerships Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)27.4; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 5 contracts
Samples: Senior Facilities Agreement (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC)
Limitation of responsibility of Existing Lenders. (a) 25.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligorthe Borrower;
(iiic) the performance and observance by any Transaction Obligor the Borrower of its obligations under the Finance Transaction Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) 25.4.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 25.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)25; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Transaction Documents or otherwise.
Appears in 4 contracts
Samples: Facility Agreement, Facility Agreement, Facility Agreement (Hoegh LNG Partners LP)
Limitation of responsibility of Existing Lenders. (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 The legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)30; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 4 contracts
Samples: Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC), Loan Agreement (International Game Technology PLC)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any other person;
(iii) the performance and observance by any Transaction Obligor or 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities and any other person in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 23 (Changes to the LendersFinance Parties); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor or any other person of its obligations under the Finance Documents or otherwise.
Appears in 4 contracts
Samples: Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD), Senior Loan Note Subscription Agreement (Tritium DCFC LTD)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any other person;
(iii) the performance and observance by any Transaction Obligor or 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities and any other person in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 3 contracts
Samples: Subscription Agreement (WMC Resources Inc), Facility Agreement (WMC Resources LTD), Subscription Agreement (WMC Resources Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any Buyer;
(iii) the performance and observance by any Transaction Obligor or any Buyer of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its each Buyer and their related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocuments; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its each Buyer and their related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)22; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 3 contracts
Samples: Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Restricted Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)31; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 3 contracts
Samples: Term Facility Agreement (Manchester United PLC), Term Facility Agreement (Manchester United PLC), Revolving Facilities Agreement (Manchester United Ltd.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Proposed Participation is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)clause 27; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.), Loan Agreement (Aegean Marine Petroleum Network Inc.), Amendment and Restatement Agreement (Aegean Marine Petroleum Network Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 28 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 3 contracts
Samples: Term Loan Facility Agreement (Castor Maritime Inc.), Addendum to First Preferred Marshall Islands Mortgage (Ocean Rig UDW Inc.), Term Loan Agreement (Ocean Rig UDW Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its that Xxxxxxxβs obligations under the Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)23; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its that Obligorβs obligations under the Finance Documents or otherwise.
Appears in 3 contracts
Samples: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and of the Security Periodrisks arising under or in connection with the Finance Documents on the terms set out in clause 31.15 (Credit appraisal by the Lenders and Ancillary Lenders) whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)clause 28; or
(ii) support guarantee, indemnify or otherwise hold harmless a New Lender in respect of any losses cost, loss or liability directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any other person;
(iii) the performance and observance by any Transaction Obligor or 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties Beneficiaries that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities and any other person in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:
(i) accept a re-transfer novation or re-assignment from a New Lender of any of the rights and obligations assigned or transferred novated under this Clause 30 (Changes to the Lenders)29; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor or any other person of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Metals Acquisition LTD), Syndicated Facility Agreement (Metals Acquisition Corp)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or other person;
(iii) the performance and observance by any Transaction Obligor or 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)26; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor or other person of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Cascal N.V.), Amendment and Restatement Agreement (Cascal N.V.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Senior Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Senior Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement the Senior Finance Documents and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Senior Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodSenior Finance Documents or any Commitment is in force.
(c) Nothing in any Senior Finance Document 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 Clause 30 (Changes to the Lenders)27; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Senior Finance Documents or otherwise.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Nordic Telephone CO ApS), Senior Facilities Agreement (Nordic Telephone CO ApS)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligormember of the Group;
(iii) the performance and observance by any Transaction Obligor member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements or information (whether written or oral) made in or supplied in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities and all other risks arising in connection with its participation in this Agreement the Finance Documents and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Each New Lender confirms to the Company that it has all Authorisations required for lending to the Borrower under the Facility in which it is a Lender.
(d) Nothing in any Finance Document 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 by such Existing Lender under this Clause 30 (Changes to the Lendersa); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Transaction Documents or otherwise.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Atlas Investissement), Senior Facilities Agreement (Atlas Investissement)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 28 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 2 contracts
Samples: Term Loan Facility (United Maritime Corp), Facility Agreement (United Maritime Corp)
Limitation of responsibility of Existing Lenders. (a) 24.3.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligora Borrower;
(iiic) the performance and observance by a Borrower, an Obligor or any Transaction Obligor other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 24.3.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the relevant Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the relevant Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 24.3.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment Transfer from a New Lender of any of the rights and obligations assigned or transferred Transferred under this Clause 30 (Changes to the Lenders)24; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor a Borrower of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Facilities Agreement (MiX Telematics LTD), Facilities Agreement (PowerFleet, Inc.)
Limitation of responsibility of Existing Lenders. (aA) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(i1) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii2) the financial condition condition, affairs, status or nature of the Borrower or any of its Subsidiaries or the observance by the Borrower of any Transaction Obligorterm of the Finance Documents;
(iii3) the performance and observance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or any other documents; or
(iv4) the accuracy and/or completeness of any statements or information (whether written or oral) made in or in connection with or supplied to it in connection with any Finance Document or any other documentdocument or supplied to it in connection with the Borrower Group, and any representations or warranties implied by law are excluded.
(bB) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i1) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively and will not rely on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; andDocument;
(ii2) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force;
(3) has received copies of the Finance Documents and all documentation and information required by it in connection with this transaction (other than the Fee Letters referred to in clauses 10.2 (Front-end fee) and 10.3 (Agency fee)); and
(4) has received copies of all outstanding consents and waiver requests and will be bound by any decisions made by the Existing Lender which have been communicated to the Agent prior to the Transfer Date.
(cC) Nothing in any Finance Document obliges an Existing Lender to:
(i1) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)clause 21; or
(ii2) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Facility Agreement (PCCW LTD), Facility Agreement (PCCW LTD)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or other person;
(iii) the performance and observance by any Transaction Obligor or 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecuritySecured Document; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)23; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor or other person of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Senior Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any other member of the Group;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Senior Finance Documents or any other documents; or
(iv) the accuracy of any statements or information (whether written or oral) made in or supplied in connection with 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 Senior Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities and all other risks arising in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Senior Finance Party in connection with any Finance Document or the Transaction Security; andDocuments;
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodSenior Finance Documents or any Commitment is in force; and
(iii) has not relied exclusively on any information provided to it by the Existing Lender in connection with any Senior Finance Document.
(c) Nothing in any Senior Finance Document obliges an Existing Lender to:
(i) accept a re-transfer assignment or re-assignment transfer from a New Lender of any of the rights and obligations assigned or transferred by such Existing Lender under this Clause 30 27 (Changes to the LendersAssignments and Transfers); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Senior Finance Documents or otherwise.
Appears in 2 contracts
Samples: Loan Agreement (Elster Group SE), Loan Agreement (Elster Group SE)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other person of its obligations under the Finance Documents or any other documents;
(iv) the application of any Basel 2 Regulation to the transactions contemplated by the Finance Documents; or
(ivv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Finance Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its their related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:
(i) accept a re-transfer assignment or re-assignment transfer from a New Lender of any of the rights assigned and obligations assigned or transferred under this Clause 30 clause 33 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or by reason of the application of any Basel 2 Regulation to the transactions contemplated by the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 27 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any other person;
(iii) the performance and observance by any Transaction Obligor or 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties Beneficiaries that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities and any other person in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)clause 26; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor or any other person of its obligations under the Finance Documents or otherwise.. Loan Note Subscription Agreement | DLA Piper | 110
Appears in 2 contracts
Samples: Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 29 (Changes to the LendersLenders and Hedge Counterparties); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 2 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Facility Agreement (Okeanis Eco Tankers Corp.)
Limitation of responsibility of Existing Lenders. (a) 25.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligor;
(iiic) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) 25.4.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 25.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)clause 25; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 2 contracts
Samples: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other party (other than a Finance Party) 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:
(i) accept a re-re transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)27; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-non performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.), Senior Facilities Agreement (Sirona Dental Systems, Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 β27 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 2 contracts
Samples: Facility Agreement (United Maritime Corp), Term Loan Facility (Seanergy Maritime Holdings Corp.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Creditor Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor (and to the extent possible, each Charterer) and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 28 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Term Loan Facility (Grindrod Shipping Holdings Ltd.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)25; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 2 contracts
Samples: Senior Facility Agreement (International Game Technology PLC), Facilities Agreement (International Game Technology PLC)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Relevant Documents or any other documents;
(ii) the financial condition of any Transaction ObligorSecurity Party;
(iii) the performance and observance by any Transaction Obligor Security Party or any other member of the Group of its obligations under the Finance Relevant Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document of the Relevant 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor Security Party and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or of the Transaction SecurityRelevant Documents; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor Security Party and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 23 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or otherwise.
Appears in 2 contracts
Samples: Loan Agreement (Safe Bulkers, Inc.), Loan Agreement (Safe Bulkers, Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the PIK Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligorthe Company;
(iii) the performance and observance by the Company or any Transaction Obligor other member of the Group of its obligations under the PIK Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any PIK 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Company and its related entities in connection with its participation in this Agreement the PIK Finance Documents and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any PIK Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Company and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodSenior Finance Documents or any Commitment is in force.
(c) Nothing in any PIK Finance Document 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 Clause 30 22 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Company of its obligations under the PIK Finance Documents or otherwise.
Appears in 2 contracts
Samples: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; andand UK-2463515-v12 - 109 - 70-40474932
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Senior Reserve Base Lending Facility Agreement (Fx Energy Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 29 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 24.5.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligor;
(iiic) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) 24.5.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 24.5.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment reassignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)24; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligorthe Borrower or other person;
(iii) the performance and observance by any Transaction Obligor the Borrower or other person of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) Each New Lender Lender:
(i) confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(iA) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(iiB) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout and any other person whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force; and
(ii) confirms to the Borrower that it is an Eligible Lender on the Transfer Date.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)23; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower or other person of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) Unless expressly agreed to the contrary, an the Existing Lender makes Lenders make no representation or warranty and assumes assume no responsibility to a the New Lender Lenders for:
(i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction ObligorLoan Party;
(iii) the performance and observance by any Transaction Obligor Loan Party of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 Lenders, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor Loan Party and its related entities in connection with its participation in this Agreement and the Facilities Agreement and has not relied exclusively on any information provided to it by the any Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal approval of the creditworthiness of each Transaction Obligor Loan Party and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an any Existing Lender to:
(i) accept a re-transfer or re-assignment from a any New Lender of any of the rights and obligations assigned or transferred by novation under this Clause 30 (Changes to the Lenders)Agreement; or
(ii) support any losses directly or indirectly incurred by the a New Lender by reason of the non-performance by any Transaction Obligor Loan Party of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance DocumentsTransaction Documents and any Quiet Enjoyment Agreement, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Documents Transaction Documents, any Quiet Enjoyment Agreement or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document Transaction Document, any Quiet Enjoyment Agreement 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document Transaction Document, any Quiet Enjoyment Agreement or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 28 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents Transaction Documents, any Quiet Enjoyment Agreement or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)25; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (Yell Finance Bv)
Limitation of responsibility of Existing Lenders. (a) 23.3.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligorthe Borrower;
(iiic) the performance and observance by the Borrower, an Obligor or any Transaction Obligor other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 23.3.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment Transfer from a New Lender of any of the rights and obligations assigned or transferred Transferred under this Clause 30 (Changes to the Lenders)23; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of the Parent or any Transaction Obligor;
(iii) the performance and observance by the Parent or any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of the Parent and each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of the Parent and each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by the Parent or any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (Allied Healthcare International Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligorthe Company;
(iii) the performance and observance by any Transaction Obligor the Company 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 in connection with any Finance Document or any other document, and ; and
(v) any representations or warranties implied by law are excluded.. 94 LEGAL_EU # 10964296.8
(b) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Company and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Company and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 20 (Changes to the LendersParties); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Company of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Toys R Us Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)26; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 27 (Changes to the LendersLenders and the Hedge Counterparties); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security under the Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction SecuritySecurity under any Security Document; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
(d) In relation to any assignment or transfer by an Existing Lender under this Clause 24, the relevant New Lender agrees to be bound by any consent, waiver or decision given or made by such Existing Lender in connection with the Finance Documents prior to such assignment or transfer.
Appears in 1 contract
Samples: Term Facility Agreement (Tongjitang Chinese Medicines Co)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 31 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.. APJ/MSXM/076001.00588/80174749.8Page 80
(b) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 22 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Term Loan Facility (DryShips Inc.)
Limitation of responsibility of Existing Lenders. (a) Unless expressly agreed to the contrary, an neither the Existing Lender nor any other Finance Party makes no any representation or warranty and or assumes no any responsibility to a the New Lender for:
(i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or any Affiliate thereof;
(iii) the performance and observance by any Transaction Obligor of its obligations under any of the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Obligors and its their related entities in connection with its participation in this Agreement and/or the other Transaction Documents and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Obligors and its their related entities throughout whilst any amount is or may be outstanding under the Security PeriodTransaction Documents or any commitment represented by any Commitment of any Lender is in force.
(c) Nothing in any Finance Transaction Document obliges an the Existing Lender to:
(i) accept a re-transfer assignment or re-assignment transfer from a the New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)23; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and of the Security Periodrisks arising under or in connection with the Finance Documents on the terms set out in clause 29.15 (Credit appraisal by the Lenders) whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)clause 26; or
(ii) support guarantee, indemnify or otherwise hold harmless a New Lender in respect of any losses cost, loss or liability directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Sunrise Senior Living Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and;
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)clause 24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of the Borrower, any Transaction Obligormember of the Group, or any Affiliate of any of the foregoing;
(iii) the performance and observance by any Transaction Obligor the Borrower 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 in connection with 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 and the Secured Parties that it:: *** Certain confidential information contained in this document, marked by brackets, has been omitted and filed with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. 64
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower, members of the Group and its their related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower, members of the Group and its their related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)22; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document obliges an Existing Lender to:: β
(i) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 27 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) Unless expressly agreed to the contrarycontrary in writing, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documentsdocuments or the value of any assets subject to the Security Documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; andDocument;
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force; and
(iii) is a bank or financial institution, or a trust fund or other entity which is regularly engaged in or established (in whole or in part) for the purpose of making, purchasing or investing in loan securities or other financial asset, and whose ordinary business includes participation in syndicated facilities of this type.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)21; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Mezzanine Facility Agreement (Concordia Bus Nordic AB)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the PIK Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligorthe Company;
(iii) the performance and observance by the Company or any Transaction Obligor other member of the Group of its obligations under the PIK Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any PIK 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Company and its related entities in connection with its participation in this Agreement the PIK Finance Documents and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any PIK Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Company and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodPIK Finance Documents or any Commitment is in force.
(c) Nothing in any PIK Finance Document 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 Clause 30 22 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Company of its obligations under the PIK Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Creditor Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 29 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of the Borrower, any Transaction Obligorother member of the Group or any member of the Target Group;
(iii) the performance and observance by any Transaction Obligor the Borrower 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:: Table of Contents
(i) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Syndicated Multicurrency Term Loan Facility Agreement (Sap France S.A.)
Limitation of responsibility of Existing Lenders. (a) 23.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Relevant Documents or any other documents;
(iib) the financial condition of any Transaction ObligorSecurity Party;
(iiic) the performance and observance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document of the Relevant Documents or any other document, and any representations or warranties implied by law are excluded.
(b) 23.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor Security Party and each other member of the Group and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or of the Transaction SecurityRelevant Documents; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor Security Party and each other member of the Group and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 23.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)23; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or otherwise.
Appears in 1 contract
Samples: Secured Loan Agreement (Genco Shipping & Trading LTD)
Limitation of responsibility of Existing Lenders. (a) 23.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Relevant Documents or any other documents;
(iib) the financial condition of any Transaction ObligorSecurity Party;
(iiic) the performance and observance by any Transaction Obligor Security Party or any other member of the Group of its obligations under the Finance Relevant Documents or any other documents; or
or (ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document of the Relevant Documents or any other document, and any representations or warranties implied by law are excluded.
(b) 23.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor Security Party and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or of the Transaction SecurityRelevant Documents; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor Security Party and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 23.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)23; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 25.5.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligor;
(iiic) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) 25.5.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 25.5.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment reassignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)25; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Bridge Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Bridge Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Bridge Finance Document or any other document, and any representations or warranties implied by law are excluded.
(ba) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement the Bridge Finance Documents and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Bridge Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodSenior Finance Documents or any Commitment is in force.
(cb) Nothing in any Bridge Finance Document 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 Clause 30 (Changes to the Lenders)22; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Bridge Finance Documents or otherwise.
Appears in 1 contract
Samples: Bridge Facility Agreement (Nordic Telephone CO ApS)
Limitation of responsibility of Existing Lenders. (a) Each New Lender confirms to the Existing Lenders and the other Finance Parties that it:
(i) has received a copy of the Amended Agreement together with such other information as it has required in connection with this transaction;
(ii) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Obligor and its related entities in connection with its participation in this Agreement and the Amended Agreement and has not relied exclusively on any information provided to it by any Existing Lender in connection with any Finance Document; and
(iii) 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.
(b) Unless expressly agreed to the contrary, an the Existing Lender makes Lenders make no representation or warranty and assumes assume no responsibility to a the New Lender Lenders for:
(i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with any the Finance Document 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document obliges an any Existing Lender to:
(i) accept a re-transfer or re-assignment from a any New Lender of any of the rights and obligations assigned or transferred by novation under this Clause 30 (Changes to the Lenders)Agreement; or
(ii) support any losses directly or indirectly incurred by the a New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.. Back to Contents
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Creditor Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 27 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall must continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities (including the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)Clause; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (IHS Holding LTD)
Limitation of responsibility of Existing Lenders. (a) Each New Lender confirms to each Existing Lender that it:
(i) has received a copy of the Credit Agreement together with such other information as it has required in connection with this transaction;
(ii) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Loan Party and its related entities in connection with its participation in this Agreement, the Credit Agreement and/or the other Loan Documents and has not relied exclusively on any information provided to it by any Existing Lender in connection with any Loan Document; and
(iii) will continue to make its own independent appraisal of the creditworthiness of each Loan Party and its related entities while any amount is or may be outstanding under the Loan Documents or any Commitment is in force.
(b) Unless expressly agreed to the contrary, an the Existing Lender makes Lenders make no representation or warranty and assumes assume no responsibility to a the New Lender Lenders for:
(i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Loan Documents or any other documents;
(ii) the financial condition of any Transaction ObligorLoan Party;
(iii) the performance and observance by any Transaction Obligor Loan Party of its obligations under the Finance Loan Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document the Loan 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Loan Document obliges an any Existing Lender to:
(i) accept a re-transfer or re-assignment from a any New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)Agreement; or
(ii) support any losses directly or indirectly incurred by the a New Lender by reason of the non-performance by any Transaction Obligor Loan Party of its obligations under the Finance Loan Documents or otherwise.
Appears in 1 contract
Samples: Amendment, Restatement and Syndication Agreement (Genpact LTD)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of the Borrower, any Transaction Obligorother member of the Group or any member of the Target Group;
(iii) the performance and observance by any Transaction Obligor the Borrower 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)β22; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 26.4.1 Unless expressly agreed to the contrary, an Existing Lender and an existing Finance Party makes no representation or warranty and assumes no responsibility to a New Lender for:
(iA) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(iiB) the financial condition of any Transaction ObligorObligor or any other member of the Group;
(iiiC) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivD) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 26.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(iA) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other existing Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(iiB) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 26.4.3 Nothing in any Finance Document obliges an Existing Lender or any existing Finance Party to:
(iA) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 26 (Changes to the Lenders); or
(iiB) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor or Transaction Obligor Party of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Secured Revolving Loan and Letter of Credit Facility Agreement (Endeavour International Corp)
Limitation of responsibility of Existing Lenders. (a) 23.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Relevant Documents or any other documents;
(iib) the financial condition of any Transaction ObligorSecurity Party;
(iiic) the performance and observance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 23.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor Security Party and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or of the Transaction SecurityRelevant Documents; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor Security Party and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 23.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)23; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor Security Party of its obligations under the Finance Relevant Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 27.4 (Changes to the Limitation of responsibility of Existing Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Additional Facility Accession Agreement (Liberty Global PLC)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period; and
(iii) has made (and shall continue to make) its own independent investigation and assessment of the Sinosure Policies and has not relied exclusively on any information provided to it by the Existing Lender in connection with the Sinosure Policies.
(c) Nothing in any Finance Document 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 Clause 30 28 (Changes to the LendersLenders and the Hedge Counterparties); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 21.4.1 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 legality, validity, effectiveness, adequacy or enforceability of the Initial ACF Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Initial ACF Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Initial ACF Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 21.4.2 Each New Lender confirms to the Existing Lender and the other Initial ACF Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Initial ACF Finance Party in connection with any Initial ACF Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout while any amount is or may be outstanding under the Security PeriodInitial ACF Finance Documents or any Commitment is in force.
(c) 21.4.3 Nothing in any Initial ACF Finance Document 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 Clause 30 (Changes to the Lenders)21; or
(ii) support any losses losses, directly or indirectly indirectly, incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Initial ACF Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 25.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligor;
(iiic) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 25.4.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 25.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment reassignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)25; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Enstar Group LTD)
Limitation of responsibility of Existing Lenders. (a) 29.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligor;
(iiic) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) 29.4.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 29.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)29; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.. LRXM/076001.00588/92345437.6Page 80
(b) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Limitation of responsibility of Existing Lenders. (a) 28.4.1 Unless expressly agreed to the contrary, an Existing Lender and each existing Finance Party makes no representation or warranty and assumes no responsibility to a New Lender for:
(iA) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(iiB) the financial condition of any Transaction ObligorObligor or any other member of the Group;
(iiiC) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivD) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 28.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(iA) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other existing Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(iiB) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 28.4.3 Nothing in any Finance Document obliges an Existing Lender or any existing Finance Party to:
(iA) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 28 (Changes to the Lenders); or
(iiB) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor or Transaction Obligor Party of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Junior Credit Agreement (Endeavour International Corp)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout and of the Security Periodrisks arising under or in connection with the Finance Documents on the terms set out in clause 31.15 (Credit appraisal by the Lenders and Ancillary Lenders) whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)clause 28; or
(ii) support guarantee, indemnify or otherwise hold harmless a New Lender in respect of any losses cost, loss or liability directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with any Finance Document or any other document, and ; and
(v) any representations or warranties implied by law are excluded.
(b) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 26 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Documents or any other documents; oror β β
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 32 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp)
Limitation of responsibility of Existing Lenders. (a) 24.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:
(iA) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(iiB) the financial condition of any Transaction Obligor;
(iiiC) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivD) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 24.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(iA) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(iiB) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 24.4.3 Nothing in any Finance Document obliges an Existing Lender to:
(iA) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)24; or
(iiB) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction ObligorObligor or the Individual Guarantor;
(iii) the performance and observance by any Transaction Obligor or the Individual Guarantor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and the Individual Guarantor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)22; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor or the Individual Guarantor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (China Shandong Industries, Inc.)
Limitation of responsibility of Existing Lenders. (a) 28.4.1 Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:for:-
(ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(iib) the financial condition of any Transaction Obligor;
(iiic) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Documents or any other documents; or
(ivd) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Transaction Document or any other document, and any representations or warranties implied by law are excluded.
(b) 28.4.2 Each New Lender confirms to the Existing Lender and Lender, the other Finance Parties and the Secured Parties that it:it:-
(ia) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(iib) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 28.4.3 Nothing in any Finance Document obliges an Existing Lender to:to:-
(ia) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)28; or
(iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Samples: Multicurrency Facility Agreement (Gulfmark Offshore Inc)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.. APJ/076001.00588/98366820.7Page 80
(b) Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of the Borrower or any Transaction ObligorSponsor Guarantor;
(iii) the performance and observance by the Borrower or any Transaction Obligor Sponsor Guarantor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of the Borrower and each Transaction Obligor Sponsor Guarantor and its their related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of the Borrower and each Transaction Obligor Sponsor Guarantor and its their related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)21; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by the Borrower or any Transaction Obligor Sponsor Guarantor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (Melco PBL Entertainment (Macau) LTD)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall must continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities (including the nature and extent of any recourse against any Party or its assets) in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)Clause; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-non- performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout the Security Period.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders); or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:
(i) accept a re-transfer retransfer or re-assignment reassignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)26; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Transaction Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 21.4.1 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 legality, validity, effectiveness, adequacy or enforceability of the Initial ACF Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor of its obligations under the Initial ACF Finance Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with any Initial ACF Finance Document or any other document, and any representations or warranties implied by law are excluded.,
(b) 21.4.2 Each New Lender confirms to the Existing Lender and the other Initial ACF Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Initial ACF Finance Party in connection with any Initial ACF Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout while any amount is or may be outstanding under the Security PeriodInitial ACF Finance Documents or any Commitment is in force.
(c) 21.4.3 Nothing in any Initial ACF Finance Document 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 Clause 30 (Changes to the Lenders)21; or
(ii) support any losses losses, directly or indirectly indirectly, incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Initial ACF Finance Documents or otherwise.
Appears in 1 contract
Samples: Amendment and Restatement Deed
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligorthe Borrower;
(iii) the performance and observance by any Transaction Obligor the Borrower 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor the Borrower and its related entities in connection with its participation in accession to this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document Documents or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor the Borrower and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)22; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor the Borrower of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (a) 26.4.1 Unless expressly agreed to the contrary, an Existing Lender and an existing Finance Party makes no representation or warranty and assumes no responsibility to a New Lender for:
(iA) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(iiB) the financial condition of any Transaction Obligor;
(iiiC) the performance and observance by any Transaction Obligor of its obligations under the Finance Documents or any other documents; or
(ivD) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded.
(b) 26.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties and the Secured Parties that it:
(iA) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other existing Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(iiB) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) 26.4.3 Nothing in any Finance Document obliges an Existing Lender or any existing Finance Party to:
(iA) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 26 (Changes to the Lenders); or
(iiB) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Borrowing Base Facility Agreement (Transglobe Energy Corp)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Finance Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group 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 in connection with 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 Lender, the other Finance Parties and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:
(i) accept a re-transfer or re-assignment reassignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)25; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;; 93954-4-1-v3.0 -72- 70-40529536
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Transaction Documents, the Transaction Security or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor or any other member of the Group of its obligations under the Finance Transaction Documents or any other documents; or
(iv) the accuracy of any statements (whether written or oral) made in or in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Transaction Document or the Transaction Security; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)29; oror β 100
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Revolving Facility Agreement (Manchester United PLC)
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of any Transaction Obligor;
(iii) the performance and observance by any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecuritySecurity created under the Transaction Security Documents; and
(ii) will continue to make its own independent appraisal of the creditworthiness of each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document 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 Clause 30 (Changes to the Lenders)26; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Limitation of responsibility of Existing Lenders. (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 legality, validity, effectiveness, adequacy or enforceability of the Finance Documents, the Transaction Security Documents or any other documents;
(ii) the financial condition of the Parent or any Transaction Obligor;
(iii) the performance and observance by the Parent or any Transaction Obligor 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 in connection with 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 and the Secured Parties that it:
(i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of the Parent and each Transaction Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender or any other Finance Party in connection with any Finance Document or the Transaction SecurityDocument; and
(ii) will continue to make its own independent appraisal of the creditworthiness of the Parent and each Transaction Obligor and its related entities throughout whilst any amount is or may be outstanding under the Security PeriodFinance Documents or any Commitment is in force.
(c) Nothing in any Finance Document obliges an Existing Lender to:: A07131148/0.28/12 Dec 2006 77
(i) accept a re-transfer or re-assignment from a New Lender of any of the rights and obligations assigned or transferred under this Clause 30 (Changes to the Lenders)24; or
(ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by the Parent or any Transaction Obligor of its obligations under the Finance Documents or otherwise.
Appears in 1 contract
Samples: Facility Agreement (Allied Healthcare International Inc)
