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

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 or any other documents; (ii) the financial condition of any Obligor; (iii) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (iv) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (v) 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 that it: (i) has made (and shall continue to make) its own independent investigation and assessment of: (A) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (B) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by 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 Document; (ii) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; 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. (c) Nothing in any Finance Document obliges an Existing Lender to: (i) accept a re-assignment from a New Lender of any of the rights assigned under this clause 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 Obligor or any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation to the transactions contemplated by the Finance Documents or otherwise.

Limitation of responsibility of Existing Lenders. (a) 32.4.1 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 or any other documents; (iib) the financial condition of any Obligor; (iiic) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (ivd) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (ve) 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) 32.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made (and shall continue to make) its own independent investigation and assessment of: (Ai) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (Bii) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; ; (b) 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; (iic) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; and (iiid) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) 32.4.3 Nothing in any Finance Document obliges an Existing Lender to: (ia) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 32 (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 any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents or otherwise.

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: (ia) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents or any other documents; (iib) the financial condition of any Obligor; (iiic) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (ivd) the application of any Basel II Regulation or Basel III 2 Regulation to the transactions contemplated by the Finance Documents; or (ve) 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 Finance Parties that it: (ia) has made (and shall continue to make) its own independent investigation and assessment of: (Ai) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (Bii) the application of any Basel II Regulation or Basel III 2 Regulation to the transactions contemplated by the Finance Documents; Document, 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; (iib) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III 2 Regulation to the transactions contemplated by the Finance Documents; and (iiic) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) 28.4.3 Nothing in any Finance Document obliges an Existing Lender to: (ia) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 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 any other person of its obligations under the Finance Documents or by reason of the application of any Basel II 2 Regulation to the transactions contemplated by the Finance Documents or otherwise.

Limitation of responsibility of Existing Lenders. (a) 33.4.1 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 or any other documents; (iib) the financial condition of any Obligor; (iiic) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (ivd) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (ve) 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) 33.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made (and shall continue to make) its own independent investigation and assessment of: (Ai) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (Bii) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; ; (b) 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; (iic) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; and (iiid) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) 33.4.3 Nothing in any Finance Document obliges an Existing Lender to: (ia) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 33 (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 any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents or otherwise.

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 Documents, the Transaction Security or any other documents; (ii) the financial condition of any Obligor; (iii) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (iv) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (v) 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 that it: (i) has made (and shall continue to make) its own independent investigation and assessment of: (A) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (B) the application of any Basel II Regulation or any Basel III Regulation to the transactions contemplated by 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 DocumentTransaction Document or the Transaction Security; (ii) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; 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. (c) Nothing in any Finance Document obliges an Existing Lender to: (i) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 (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 Obligor or any other person of its obligations under the Finance Documents any Transaction Document or by reason of the application of any Basel II Regulation or any Basel III Regulation to the transactions contemplated by the Finance Transaction Documents or otherwise.

Limitation of responsibility of Existing Lenders. (a) 32.4.1 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 or any other documents; (iib) the financial condition of any Obligor; (iiic) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (ivd) the application of any Basel II Regulation or any Basel III Regulation to the transactions contemplated by the Finance Documents; or (ve) 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) 32.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made (and shall continue to make) its own independent investigation and assessment of: (Ai) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (Bii) the application of any Basel II Regulation or any Basel III Regulation to the transactions contemplated by 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 Document; (iib) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; and (iiic) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) 32.4.3 Nothing in any Finance Document obliges an Existing Lender to: (ia) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 (Changes to the Lenders)32; or (iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor or any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents or otherwise.

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 Documents, the Transaction Security or any other documents; (ii) the financial condition of any Obligor; (iii) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents;; or yso Rectangle xxx Xxxxxxxxx XXX-#0000000-x00 69 (iv) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (v) 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 that it: (i) has made (and shall continue to make) its own independent investigation and assessment of: (A) the financial condition and affairs of the Obligors each Obligor and their its related entities in connection with its participation in this Agreement; and (B) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by 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 DocumentDocument or the Transaction Security; (ii) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; 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. (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 31 (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 Obligor or any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation to the transactions contemplated by the Finance Documents or otherwise.

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 Documents, the Transaction Security or any other documents;; ​ ​ ​ (ii) the financial condition of any Obligor; (iii) the application of any Basel Regulation to the transactions contemplated by the Finance Documents; (iv) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (iv) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (v) 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 that it: (i) has made (and shall continue to make) its own independent investigation and assessment of: (A) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (B) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by 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 DocumentDocument or the Transaction Security; (ii) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; 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. (c) Nothing in any Finance Document obliges an Existing Lender to: (i) accept a re-assignment or re-transfer from a New Lender of any of the rights and obligations transferred or assigned under this clause 31 (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 Obligor or any other person of its obligations under the any Finance Documents Document or by reason of the application of any Basel II Regulation to the transactions contemplated by the Finance Documents or otherwise.

Limitation of responsibility of Existing Lenders. (a) 32.4.1 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 or any other documents; (iib) the financial condition of any Obligor; (iiic) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (ivd) the application of any Basel II Regulation or any Basel III Ill Regulation to the transactions contemplated by the Finance Documents; or (ve) 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) 32.4.2 Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (ia) has made (and shall continue to make) its own independent investigation and assessment of: (Ai) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (Bii) the application of any Basel II Regulation or any Basel III Ill Regulation to the transactions contemplated by 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 Document; (iib) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; and (iiic) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) 32.4.3 Nothing in any Finance Document obliges an Existing Lender to: (ia) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 (Changes to the Lenders)32; or (iib) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance non­performance by any Obligor or any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents or otherwise.

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 or any other documents; (ii) the financial condition of any Obligor; (iii) the performance and observance by any Obligor or any other person of its obligations under the Finance Documents or any other documents; (iv) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; or (v) 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 that it: (i) has made (and shall continue to make) its own independent investigation and assessment of: (A) the financial condition and affairs of the Obligors and their related entities in connection with its participation in this Agreement; and (B) the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by 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 Document; (ii) will continue to make its own independent appraisal of the application of any Basel II Regulation or Basel III Regulation to the transactions contemplated by the Finance Documents; 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. (c) Nothing in any Finance Document obliges an Existing Lender to: (i) accept a re-assignment from a New Lender of any of the rights assigned under this clause 31 Clause 26 (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 Obligor or any other person of its obligations under the Finance Documents or by reason of the application of any Basel II Regulation to the transactions contemplated by the Finance Documents or otherwise.