Common use of Non-Reliance on Agent and Other Lenders Clause in Contracts

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in fact or affiliates has made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.

Appears in 23 contracts

Samples: Contingent Convertible Debt Agreement (Achieve Life Sciences, Inc.), Mezzanine Loan and Security Agreement (Grove Collaborative Holdings, Inc.), Loan and Security Agreement (Social Capital Suvretta Holdings Corp. I)

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Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including including, without limitation, any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberother Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Administrative Agents or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and Agreement, the other Loan DocumentsDocuments and the Intercreditor and Collateral Agency Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 13 contracts

Samples: Credit Agreement, Credit Agreement, Tranche E 1 (Euro) Credit Agreement (Digicel Group LTD)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereafter or any such Person hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that (i) it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrower hereunder, and (ii) it will, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action hereunder and under this Agreement and the other Loan Documents, Credit Documents and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, the Agent shall have no duty or responsibility responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, condition (financial or otherwise), prospects other condition or creditworthiness of any Group Member the Borrower, its Subsidiaries or any Affiliate of a Group Member other Person that may at any time come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 11 contracts

Samples: Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Orthalliance Inc)

Non-Reliance on Agent and Other Lenders. Each Lender and the L/C Issuer expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender and the L/C Issuer represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender and the L/C Issuer also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other applicable Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 8 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower or its Subsidiaries and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower or its Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 8 contracts

Samples: Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 7 contracts

Samples: Credit Agreement (RBX Corp), Credit Agreement (Aftermarket Technology Corp), Credit Agreement (Central Vermont Public Service Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that (i) it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrower hereunder, and (ii) it will, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action hereunder and under this Agreement and the other Loan Documents, Documents and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Loan Documents, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, the Agent shall have no duty or responsibility responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, condition (financial or otherwise), prospects other condition or creditworthiness of any Group Member the Borrower, its Subsidiaries or any Affiliate of a Group Member other Person that may at any time come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 7 contracts

Samples: Credit Agreement (Province Healthcare Co), Credit Agreement (Province Healthcare Co), Credit Agreement (Western National Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 7 contracts

Samples: Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc), Credit Agreement (Cadiz Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any Affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 6 contracts

Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Term Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other applicable Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 6 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Non-Reliance on Agent and Other Lenders. Each Lender and the Fronting Bank expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any LenderLender or the Fronting Bank. Each Lender and the Fronting Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Agreement. Each Lender and the Fronting Bank also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders and the Fronting Bank by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender or the Fronting Bank with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member the Borrower that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 6 contracts

Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any Affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Credit Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 6 contracts

Samples: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither each of the Agent nor any of and its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has not made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member any Credit Party or any Affiliate of a Group Membertheir respective Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and Borrower, the other Credit Parties or their respective Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Borrower, the other Credit Parties and their respective Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Borrower, the other Credit Parties or any Affiliate of a Group Member that their respective Affiliates which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 6 contracts

Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc), Credit Agreement (Pca International Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 5 contracts

Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (C2 Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that (i) it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrower hereunder, and (ii) it will, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action hereunder and under this Agreement and the other Loan Documents, Credit Documents and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, the Agent shall have no duty or responsibility responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, condition (financial or otherwise), prospects other condition or creditworthiness of any Group Member the Borrower, its Subsidiaries or any Affiliate of a Group Member other Person that may at any time come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 5 contracts

Samples: Credit Agreement (Chartwell Re Holdings Corp), Credit Agreement (Chartwell Re Corp), Credit Agreement (Eclipsys Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 5 contracts

Samples: Credit Agreement (Cke Restaurants Inc), Subordinated Term Loan Credit Agreement (Genmar Holdings Inc), Credit Agreement (Genmar Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither each of the Agent nor any of and its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has not made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Borrower or its Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Borrower and their its Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Affiliates which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 5 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its respective officers, directors, employees, agents, attorneys in fact or affiliates has have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Borrower or any Affiliate affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and of any investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their its Affiliates and made its own decision to make its Credit Extensions Ratable Share of the Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their its Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders the Lender by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Borrower or any Affiliate of a Group Member Borrower that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 5 contracts

Samples: Loan Agreement (Clipper Realty Inc.), First Mezzanine Loan Agreement (Clipper Realty Inc.), Mezzanine Loan Agreement (Clipper Realty Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum Finance Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, counsel, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial (and other other) condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial (and other other) condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or under the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial (and other) condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Loan and Security Agreement (Burke Industries Inc /Ca/), Loan and Security Agreement (Burke Industries Inc /Ca/), Loan and Security Agreement (Texfi Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any Affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Duke Energy Field Services LLC), 364 Day Credit Agreement (Duke Energy Field Services LLC), 364 Day Credit Agreement (Duke Energy Field Services LLC)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its members, partners, officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Term Loan Agreement (Infocrossing Inc), Acquisition Loan Agreement (Infocrossing Inc), Term Loan Agreement (Infocrossing Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its Agent’s officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, the Borrower shall be deemed to constitute any representation or warranty by any Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents, the Arranger or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent or the Collateral Agent hereunder, no Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security Technologies, Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Lessor, the Guarantor or any Affiliate of a Group Memberthe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor, the Guarantor and their Affiliates the Lessee and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Operative Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor, the Guarantor and their Affiliatesthe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Lessor, the Guarantor or any Affiliate of a Group Member that the Lessee which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc), Assignment and Assumption of Lease (Fidelity National Information Services, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Obligors and their Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Obligors and their Affiliates Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Obligors and their AffiliatesSubsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Obligors and their Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Loan and Security Agreement (Tultex Corp), Loan and Security Agreement (Tultex Corp), Loan and Security Agreement (Tultex Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys in fact or affiliates has have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys in fact or Affiliatesaffiliates.

Appears in 4 contracts

Samples: Credit Agreement (Par Pacific Holdings, Inc.), Second Lien Credit Agreement (Black Ridge Oil & Gas, Inc.), Credit Agreement (Trans Energy Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, Borrower and Borrower’s Subsidiaries shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates Borrower’s Subsidiaries and made its own decision to make its Credit Extensions extensions of credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement Agreement, the Notes and the other Loan DocumentsGuaranty Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their AffiliatesBorrower’s Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member Borrower or any Affiliate of a Group Member that Borrower’s Subsidiaries which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 4 contracts

Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)

Non-Reliance on Agent and Other Lenders. Each Lender (and, if applicable, each other Secured Party) expressly acknowledges that neither the Agent nor any of its their respective officers, directors, employees, agents, attorneys in fact or affiliates has Affiliates have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Credit Party or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any LenderLender or any other Secured Party. Each Lender (and, if applicable, each other Secured Party) represents to the Agent that it has, independently and without reliance upon the Agent or any other LenderLender or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members Credit Parties and their Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender (and, if applicable, each other Secured Party) also represents that it will, independently and without reliance upon the Agent or any other LenderLender or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Credit Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender or any other Secured Party with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Credit Party or any Affiliate of a Group Member Credit Party that may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members each Borrower and their Affiliates FSI and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members each Borrower and their AffiliatesFSI. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that each Borrower and FSI which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC), Warehousing Credit Agreement (PLM Equipment Growth Fund Vi)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in fact or affiliates has Related Parties have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to Agent acknowledges that it has, independently and without reliance upon the Agent or any other Lender, Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, into the business, operations, property, financial and other condition and creditworthiness of of, the Group Members Borrower and their its Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, Lender or any of their Related Parties and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their its Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member the Borrower that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in fact or AffiliatesRelated Parties.

Appears in 3 contracts

Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)

Non-Reliance on Agent and Other Lenders. Each Lender and Issuing Bank expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any LenderLender or Issuing Bank. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender and Issuing Bank also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have no any duty or responsibility to provide any Lender or Issuing Bank with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Borrower and their Affiliates the other Credit Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Borrower and their Affiliatesthe other Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower and the other Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Credit Agreement (Hunt Manufacturing Co), Credit Agreement (Genicom Corp), Credit Agreement (Genicom Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter takenhereinafter, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, evaluation of and investigation into, into the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals evaluations and decisions in taking or not taking action under this Agreement and the other any Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, propertyProperty, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Mercury General Corp), Credit Agreement (Cleco Corp), Credit Agreement (New Plan Excel Realty Trust Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it other than as set forth in this Credit Agreement and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates; provided, however, that Agent agrees to provide, upon written request of a Lender, any information requested by such Lender if such information is in Agent's possession.

Appears in 3 contracts

Samples: Credit Agreement (Colonial Properties Trust), Credit Agreement (Colonial Realty Limited Partnership), Credit Agreement (Colonial Realty Limited Partnership)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither each of the Agent nor any of and its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has not made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Borrower or its Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Borrower and their its Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its respective Affiliates which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Credit Agreement (Worldtex Inc), Credit Agreement (Staff Leasing Inc), Credit Agreement (Fritz Companies Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates FSI and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their AffiliatesFSI. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower and FSI which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc)

Non-Reliance on Agent and Other Lenders. Each Lender of the Lenders expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender of the Lenders also represents and warrants to the Agent and the other Lenders that it has, independently and without reliance upon Agent any such Person (or any other Lender, of their Affiliates) and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender of the Lenders also represents that it will, independently and without reliance upon the Agent or any other Liquidity Bank or Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and Borrower. Neither of the Agent nor any of the Lenders, nor any of their respective Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no any duty or responsibility to provide any Lender party to this Agreement with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of Agent such Person or any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates, except that the Agent shall promptly distribute to the Lenders and the Liquidity Banks, copies of financial and other information expressly provided to the Agent by the Borrower pursuant to this Agreement for distribution to the Lenders.

Appears in 3 contracts

Samples: Credit and Security Agreement (Packaging Corp of America), Credit and Security Agreement (Packaging Corp of America), Credit and Security Agreement (Packaging Corp of America)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberother Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates the other Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or under the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that other Loan Party which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (Rockefeller Center Properties Inc), Credit Agreement (Rcpi Trust /De/), Credit Agreement (Diversified Food Group Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliatesany Borrower. Except for notices, reports and other documents expressly required to be furnished by each Borrower to Lenders by the Agent hereunderhereunder or under the other Loan Documents, which the Agent must distribute promptly to the other Lenders, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Loan Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberother Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates the other Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliatesthe other Loan Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (Big City Radio Inc), Credit Agreement (Big City Radio Inc), Credit Agreement (Big City Radio Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Credit Agreement (Galey & Lord Inc), Credit Agreement (Advanced Glassfiber Yarus LLC), Credit Agreement (BGF Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates Guarantor and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their AffiliatesGuarantor. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower and Guarantor which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (American Finance Group Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agentsagents advisors, attorneys in attorneys-in-fact or affiliates has Affiliates have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in advisors, attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Abl Credit Agreement (Specialty Building Products, Inc.), Abl Credit Agreement (Specialty Building Products, Inc.), Abl Credit Agreement (Forterra, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Letter of Credit and Reimbursement Agreement (Sears Holdings Corp), Letter of Credit and Reimbursement Agreement (Sears Holdings Corp), Letter of Credit and Reimbursement Agreement (Sears Holdings Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (Residential Capital, LLC), Bridge Loan Agreement (Capmark Financial Group Inc.), Bridge Loan Agreement (Capmark Finance Inc.)

Non-Reliance on Agent and Other Lenders. Each of the Issuing Bank and each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter takenhereinafter, including any review of the affairs of a Group Member any Borrower or any Affiliate of a Group Memberother Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each of the Issuing Bank and each Lender represents to the Agent that it has, independently and without reliance upon Agent the Agent, the Issuing Bank or any other Lender, and based on such documents and information as it has deemed appropriate, appropriate made its own appraisal of, evaluation of and investigation into, into the business, operations, propertyProperty, financial and other condition and creditworthiness of each Borrower and each other Credit Party and the Group Members value and their Affiliates Lien status of any collateral security and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each of the Issuing Bank and each Lender also represents that it will, independently and without reliance upon Agent the Agent, the Issuing Bank or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals evaluations and decisions in taking or not taking action under this Agreement and the other any Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, propertyProperty, financial and other condition and creditworthiness of each Borrower and each other Credit Party and the Group Members value and their AffiliatesLien status of any collateral security. Except for notices, reports and other documents expressly required to be furnished to the Issuing Bank and/or the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide the Issuing Bank or any Lender with any credit or other information concerning the business, operations, propertyProperty, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or Borrower and any Affiliate of a Group Member that other Credit Party which at any time may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Gp Strategies Corp), Credit Agreement (Gp Strategies Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Lessor or any Affiliate of a Group Memberthe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor and their Affiliates the Lessee and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Operative Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor and their Affiliatesthe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Lessor or any Affiliate of a Group Member that the Lessee which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan Agreement (Lam Research Corp), Loan Agreement (Symantec Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Group Inc), Loan and Security Agreement (Emergent Group Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Member, its Subsidiaries shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members and their Affiliates Company or its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, liabilities, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Senior Bridge Loan Credit Agreement (Equinix Inc), Loan Agreement (Formus Communications Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor or any of its Agent’s officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, the Borrower shall be deemed to constitute any representation or warranty by any Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and of an investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents, the Arranger or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent or the Collateral Agent hereunder, no Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Cpi Aerostructures Inc), Credit Agreement (Cpi Aerostructures Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates any Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently in- dependently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in- fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the or any other Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender or any Affiliate of such Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Term Loan Agreement (General Motors Corp), 364 Day Revolving Credit Agreement (General Motors Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in fact or affiliates has made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.Members

Appears in 2 contracts

Samples: Loan and Security Agreement (AVROBIO, Inc.), Mezzanine Loan and Security Agreement (Nebula Caravel Acquisition Corp.)

Non-Reliance on Agent and Other Lenders. Each Lender of the Lenders expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Loan Parties, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender of the Lenders also represents and warrants to the Agent and the other Lenders that it has, independently and without reliance upon Agent any such Person (or any other Lender, of their Affiliates) and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender of the Lenders also represents that it will, independently and without reliance upon the Agent or any other Liquidity Bank or Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and Loan Parties. Neither of the Agent nor any of the Lenders, nor any of their respective Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no any duty or responsibility to provide any Lender party to this Agreement with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of Agent such Person or any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates, except that the Agent shall promptly distribute to the Lenders and the Liquidity Banks, copies of financial and other information expressly provided to the Agent by either of the Loan Parties pursuant to this Agreement for distribution to the Lenders.

Appears in 2 contracts

Samples: Credit and Security Agreement (Precision Castparts Corp), Credit and Security Agreement (Precision Castparts Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly --------------------------------------- acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Creditrust Corp), Credit Agreement (Creditrust Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys in fact or affiliates has have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates respective affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesrespective affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys in fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Parsley Energy, Inc.), Credit Agreement (Parsley Energy, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Revolving Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Membereach Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates each Borrower and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that each Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Zaring National Corp), Credit Agreement (Zaring National Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Member, its Subsidiaries shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members and their Affiliates Company or its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, liabilities, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Senior Subordinated Credit Agreement (Bio Rad Laboratories Inc), Senior Subordinated Credit Agreement (Bio Rad Laboratories Inc)

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Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Gorges Quik to Fix Foods Inc), Credit Agreement (Chattem Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Promus Hotel Corp), Credit Agreement (Promus Hotel Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Standard Commercial Corp), Loan and Security Agreement (Ithaca Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alliance Laundry Corp), Loan and Security Agreement (Alliance Laundry Holdings LLC)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Equity Marketing Inc), Credit Agreement (Fidelity National Financial Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in- fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (C2 Inc), Credit Agreement (C2 Inc)

Non-Reliance on Agent and Other Lenders. Each Lender Bank expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate member of a Group Memberthe Partnership Group, shall be deemed to constitute any representation or warranty by the Agent to any LenderBank. Each Lender Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other LenderBank, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Partnership and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender Bank also represents that it will, independently and without reliance upon the Agent or any other LenderBank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement Agreement, the Mortgages and the any other Loan DocumentsRestructuring Document, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesPartnership. Except for notices, reports and other documents expressly required to be furnished to Lenders the Banks by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any member of the Partnership Group Member or any Affiliate of a Group Member that which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Master Loan Restructuring Agreement (Atwood Oceanics Inc), Master Loan Restructuring Agreement (Atwood Oceanics Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Senior Subordinated Credit Agreement (T Sf Communications Corp), Senior Credit Agreement (Young America Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Construction Loan Agreement (Taubman Centers Inc), Construction Loan Agreement (Taubman Realty Group LTD Partnership)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent of the Agents nor any of its their officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by an Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member the Credit Parties or any Affiliate of a Group Membertheir respective Affiliates, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to Agent each of the Agents that it has, independently and without reliance upon Agent the Agents or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and Credit Parties or their respective Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Credit Parties and their respective Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders (or any of them) by such Agent hereunder, Agent neither of the Agents shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Credit Parties or any Affiliate of a Group Member that their respective Affiliates which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither each of the Agent nor any of and its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has not made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member the Credit Parties or any Affiliate of a Group Membertheir Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and Credit Parties or their Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Credit Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Credit Parties or any Affiliate of a Group Member that their respective Affiliates which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Central Parking Corp), Credit Agreement (Central Parking Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither each of the Agent nor any of and its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has not made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits respective Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Borrower or its respective Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Borrower and their its respective Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its respective Affiliates which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Capmark Financial Group Inc.), Credit Agreement (Capmark Finance Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Revolving Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Non-Reliance on Agent and Other Lenders. Each Lender ------------------------------------------ expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member the Borrower or Guarantor or any Affiliate of a Group Membertheir respective affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates Guarantor and made its own decision to make its Credit Extensions Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower or Guarantor. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower and Guarantor which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Demand Loan Agreement (Safety Kleen Corp/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in- fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Oshkosh Truck Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affliates has made any representations or warranties to it and that no act act-by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender --------------------------------------- expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Hooper Holmes Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly ---------------------------------------- acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Working Capital Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Working Capital Loan Agreement (Markwest Hydrocarbon Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each 57 Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Revolving Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Adams Outdoor Advertising LTD Partnership)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent none of the Agents, nor any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates, has made any representations representation or warranties warranty to it and that no act by Agent hereafter the Agents or any of them or any Affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberObligor, shall be deemed to constitute any representation or warranty by Agent the Agents or any of them to any Lender. Each Lender represents to Agent the Agents and each of them that it has, independently and without reliance upon Agent the Agents or any of them or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Obligors and their Affiliates each of them and has made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents or any of them or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals appraisal and decisions decision in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Obligors and their Affiliateseach of them. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent the Agents (which notices, reports and other documents may be delivered by the Agents via e-mail) or any of them hereunder, Agent the Agents and each of them shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operationsoperation, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Obligors or any Affiliate of a Group Member that them which may come into the possession of Agent the Agents or any of its them or any of their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (BRP (Luxembourg) 4 S.a.r.l.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member the Borrower that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Wisconsin Energy Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates each Loan Party and made its own decision to make its Credit Extensions extensions of credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Loan Party which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Matador Petroleum Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberthe other Loan Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Cmi Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Bridge Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Galey & Lord Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in sub-collateral agents, attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by Agent the such Person to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Workflow Management Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it any Lender and that no act by Agent hereafter in the future taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrowers, shall will be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it the Lender has, independently and without reliance upon on Agent or any other Lender, and based on such documents and information as it the Lender has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions hereunder extensions of credit under this Agreement and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon on Agent or any other Lender, and based on such documents and information as it shall deem each Lender deems appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or AffiliatesBorrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (Synergetics Usa Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by such Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon such Agent or any other LenderLender or their respective counsel, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, inves- tigation into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions extend credit hereunder and enter into this Agreementthe Credit Documents. Each Lender also represents that it will, independently and without reliance upon any Agent or any other Lender, and based on such documents documents, information and information legal advice (including, without limitation, advice of regulatory counsel to it) as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in entering into the Credit Documents and taking or not taking action under this Agreement and the other Loan Documentsthereunder, and to make such investigation investiga- tion as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder, such Agent shall not have no any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by such Agent hereafter taken, including any review of the affairs of a Group Member the Parent, the Company, or any Affiliate of a Group MemberSubsidiary Guarantor, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon such Agent or any other LenderLender or their respective counsel, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Parent, the Company, or any Subsidiary Guarantor and made its own decision to make its Credit Extensions extend credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any Agent or any other LenderLender or their respective counsel, and based on such documents documents, information and information legal advice (including, without limitation, advice of regulatory counsel to it) as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in entering into the Credit Documents and taking or not taking action under this Agreement and the other Loan Documentsthereunder, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesParent, the Company, or any Subsidiary Guarantor. Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder, such Agent shall not have no any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member the Parent, the Company, or any Affiliate of a Group Member that Subsidiary Guarantor which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Countrywide Credit Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any 38 42 other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Fruit of the Loom Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter takenhereinafter, including any review of the affairs of a Group Member or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, evaluation of and investigation into, into the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals evaluations and decisions in taking or not taking action under this Agreement and the other any Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, propertyProperty, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Bet Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member the Borrower that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Wisconsin Energy Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberConsolidated Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Anchor Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has had made any representations or warranties to it and that no act by Agent or any affiliate thereof hereafter taken, including any review of the affairs of a Group Member Aspen or any Affiliate of a Group Member, Borrower shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other LenderPerson, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Aspen and their Affiliates Borrower and made its own decision to make its Credit Extensions purchases hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other LenderPerson, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Aspen and their AffiliatesBorrower. Except for notices, reports reports, and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide Borrower or any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member Aspen or any Affiliate of a Group Member that Borrower which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Loan Agreement (Aspen Technology Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberProgram Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder (which shall in each case be furnished promptly to the Lenders), the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Program Party which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Liquidity Agreement (Metris Companies Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Floor Plan Agreement (Zaring National Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Hooper Holmes Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other Page 50 condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its members, partners, officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Term Loan Agreement (Midocean Capital Partners Lp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.affiliates. 105

Appears in 1 contract

Samples: Credit Agreement (Genmar Holdings Inc)

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