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

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement a fiduciary relationship in respect of any Bank; and nothing in this Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement except as expressly set forth herein. Each Bank expressly 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 the Company, shall be deemed to constitute any representation or warranty by the Agent to any Bank; (ii) that it has made and will make its own independent investigation of the financial condition and affairs, and its own appraisal of the credit-worthiness, of the Company in connection with this Agreement; and (iii) 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, whether coming into its possession before the making of any Loans hereunder or at any time or times thereafter except information expressly required to be given to the Banks hereunder.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement. The duties of the Agent shall be mechanical and administrative in naturenature and shall include a duty to distribute copies of this Agreement and the Loan Documents to each Bank promptly after the Closing Date; the Agent shall not have by reason of this Agreement a fiduciary relationship in respect of any Bank; and nothing in this Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of this Agreement except as expressly set forth herein. Each Bank expressly acknowledges acknowledges: (ia) 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 the CompanyBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Bank; (iib) that it has made and will make its own independent investigation of the financial condition and affairs, and its own appraisal of the credit-worthinesscreditworthiness, of the Company Borrower in connection with this Agreement; and (iiic) 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 informationinformation except as provided herein, whether coming into its possession before the making of any Loans hereunder or at any time or times thereafter except information expressly required to be given to the Banks hereunderthereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this Agreement. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement a fiduciary relationship in respect of any Bank; and nothing in this Agreement, expressed or implied, is intended to or shall be so construed as to impose upon the Agent any obligations in respect of the Notes or this Agreement except as expressly set forth hereinherein or therein. Each Bank expressly acknowledges (ia) 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 the CompanyBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Bank; (iib) that it has made and will make its own independent investigation of the financial condition and affairs, and its own appraisal of the credit-worthinesscreditworthiness, of the Company Borrower in connection with this Agreementherewith; and (iiic) 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 informationinformation except as otherwise provided herein, whether coming into its possession before the making of any Loans hereunder or at any time or times thereafter except information expressly required to be given to the Banks hereunderthereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this AgreementAgreement and 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 or any Loan Document a fiduciary relationship in respect of any Bank; and nothing in this AgreementAgreement or any Loan 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 or any Loan Document, except as expressly set forth hereinherein or therein. Each Bank expressly acknowledges (ia) 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 the Companyany Borrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Bank; (iib) that it has made and will make its own independent investigation of the financial condition and affairs, affairs and its own appraisal of the credit-worthiness, creditworthiness of the Company each Borrower in connection with the making and continuance of the Loans hereunder; (c) that it has made its own independent investigation of the legal matters relating to this Agreement, the other Loan Documents and the Notes to be issued to it pursuant to the terms hereof; and (iiid) 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 informationinformation with respect thereto, whether coming into its possession before the making of any Loans hereunder a Loan or at any time or times thereafter except information expressly required to be given to the Banks hereunderthereafter.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this AgreementAgreement and any other Loan Documents. The duties of the Agent shall be mechanical and administrative in nature; the Agent shall not have by reason of this Agreement or any other Loan Document a fiduciary relationship in respect of any BankLender; and nothing in this AgreementAgreement or any other Loan 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 or any other Loan Document except as expressly set forth hereinherein or therein. Each Bank Lender expressly 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 the CompanyBorrowers, shall be deemed to constitute any representation or warranty by the Agent to any BankLender; (ii) that it has made and will make its own independent investigation of the financial condition and affairs, and its own appraisal of the credit-worthinesscreditworthiness, of the Company Borrowers in connection with this Agreement; and (iii) that it has made its own independent investigation of the legal matters relating to this Agreement, the Notes and the other Loan Documents to be issued to it hereunder; and (iv) that Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Bank Lender with any credit or other information, whether coming into its possession before the making of any Loans or the issuance of any Letters of Credit hereunder or at any time or times thereafter thereafter, except information for notices, reports or other information, if any, expressly required to be given furnished to the Banks Lenders by Agent hereunder.

Nature of Duties; Independent Credit Investigation. The Agent shall have no duties or responsibilities except those expressly set forth in this AgreementAgreement and 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 or any Loan Document a fiduciary relationship in respect of any Bank; and nothing in this AgreementAgreement or any Loan 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 or any Loan Document, except as expressly set forth hereinherein or therein. Each Bank expressly acknowledges (i) that a)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 the CompanyBorrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Bank; (ii) that b)that it has made and will make its own independent investigation of the financial condition and affairs, affairs and its own appraisal of the credit-worthiness, creditworthiness of the Company Borrower in connection with the making and continuance of the Loans hereunder; (c)that it has made its own independent investigation of the legal matters relating to this Agreement, the other Loan Documents and the Notes to be issued to it pursuant to the terms hereof; and (iii) that d)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 informationinformation with respect thereto, whether coming into its possession before the making of any Loans hereunder a Loan or at any time or times thereafter except information expressly required to be given to the Banks hereunderthereafter.