Common use of Nature of Duties; Independent Credit Investigation Clause in Contracts

Nature of Duties; Independent Credit Investigation. Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of Agent shall be mechanical and administrative in nature. Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, and nothing in this Loan Agreement express or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender expressly acknowledges that (i) Agent has not made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument shall be deemed to constitute any representation or warranty by Agent to any Lender and (ii) it has made and will continue to make, without reliance upon Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral in connection with this Loan Agreement and the making of the Loan.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. The Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of to any LenderSupplier, and nothing in this Loan Agreement Agreement, express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Supplier expressly acknowledges that (i) the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons persons party to any Loan Instrument the Security Agreement, shall be deemed to constitute any representation or warranty by the Agent to any Lender Supplier and (ii) it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons persons party to any Loan Instrument the Security Agreement and the condition and value of the Collateral in connection with this Loan Agreement and the making of the LoanSecurity Agreement.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral Parties in connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral Parties in connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement Agreement, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties and their Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral Parties in connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise existin the Loan Documents. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Agreement, any Note or any Loan Agreement Document a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Agreement, any Note or any Loan Agreement express Document, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement, the Notes or any Loan Agreement Document except as expressly set forth hereinherein or therein. Each Lender Bank expressly acknowledges (a) that (i) the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (iib) that it has made and will continue to make, without reliance upon Agent, make its own independent investigation of the financial condition and affairs affairs, and its own appraisal of the creditworthiness of each creditworthiness, of the Persons party to any Loan Instrument and the condition and value of the Collateral Borrowers in connection with this Agreement, the Notes and the Loan Agreement Documents; and (c) that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information except as otherwise provided herein, whether coming into its possession before the making of any Loans or the Loanissuance of a Letter of Credit hereunder or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral Borrower in connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of Agent shall be mechanical and administrative in nature. Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, and nothing in this Loan Agreement express or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender expressly acknowledges that (i) Agent has not made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Obligors shall be deemed to constitute any representation or warranty by Agent to any Lender and (ii) it has made and will continue to make, without reliance upon Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument Obligors and the condition and value of the Collateral in connection with this Loan Agreement and the making of the LoanLoans.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations obligation in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral in Parties is connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations obligation in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral in Parties is connection with this Loan Agreement and the making and continuance of the Loan.Loans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto,

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made -73- 120 any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral Parties in connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. Agent shall have no -------------------------------------------------- duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of Agent shall be mechanical and administrative in nature. Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, and nothing in this Loan Agreement express or implied, is intended to or shall be so construed as to impose upon Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender expressly acknowledges that (i) Agent has have not made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument shall be deemed to constitute any representation or warranty by Agent to any Lender and (ii) it has made and will continue to make, without reliance upon Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral in connection with this Loan Agreement and the making of the Loan.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument and the condition and value of the Collateral Parties in connection with this Loan Agreement and the making and continuance of the LoanLoans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Loan or at any time or times thereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, and nothing in this Loan Agreement express or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender expressly acknowledges that (i) the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Obligors shall be deemed to constitute any representation or warranty by the Agent to any Lender and (ii) it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each of the Persons party to any Loan Instrument Obligors and the condition and value of the Collateral in connection with this Loan Agreement and the making of the LoanLoans.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Loan Agreement and no implied covenants, functions, responsibilities, duties, obligations obligations, or liabilities shall be read into this Loan Agreement or otherwise exist. The duties of the Agent shall be mechanical and administrative in nature. ; the Agent shall not have by reason of this Loan Agreement a fiduciary or trust relationship in respect of any Lender, Bank; and nothing in this Loan Agreement express Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Loan Agreement except as expressly set forth herein. Each Lender Bank expressly acknowledges that acknowledges: (i) that the Agent has not made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of any of the Persons party to any Loan Instrument Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender and Bank; (ii) that it has made and will continue to make, without reliance upon the Agent, its own independent investigation of the financial condition and affairs and its own appraisal of the creditworthiness of each credit worthiness of the Persons party to any Loan Instrument and the condition and value of the Collateral Borrower in connection with this Loan Agreement and the making and continuance of the LoanTerm Loans hereunder; and (iii) except as expressly provided herein, that the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect thereto, whether coming into its possession before the making of any Term Loan or at any time or times thereafter.