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

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party and made its own decision to make its 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrowers and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrowers and each other Loan Party its Subsidiaries and made its own decision to make its 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 Borrower, the Borrowers and each other Loan Partyits Subsidiaries. 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, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Borrowers and its Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrowerthe Lessor, any Guarantor or any other Loan PartyLessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowerLessor, each Guarantor and each other Loan Party Lessee and made its own decision to make its 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 Borrowerthe Lessor, each Guarantor and each other Loan PartyLessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerLessor, any Guarantor or any other Loan Party that Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent Secured Party agrees that it has, independently and without reliance upon the on Agent or any other LenderSecured Party, and based on such documents and information as it has deemed appropriate, made its own appraisal credit analysis of Obligors and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party and has made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents Agreement and that it will, independently and without reliance upon the Agent or any other LenderSecured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals analysis and decisions in taking or not taking action under this Agreement and or any of the other Loan Documents, and Financing Agreements. Agent shall not be required to make such investigation as it deems necessary to inform keep itself informed as to the businessperformance or observance by Obligors of any term or provision of this Agreement or any of the other Financing Agreements or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Agent will use reasonable efforts to provide Lenders with any information received by Agent from any Obligor which is required to be provided to Lenders hereunder and with a copy of any Notice of Default or Failure of Condition received by Agent from Administrative Borrower or any Lender; provided, operationsthat, propertyAgent shall not be liable to any Lender for any failure to do so, financial and other condition and creditworthiness except to the extent that such failure is attributable to Agent’s own gross negligence or willful misconduct as determined by a final non-appealable judgment of Borrower, and each other Loan Partya court of competent jurisdiction. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any other credit or other information concerning the business, assets, operations, propertiesaffairs, financial condition, prospects condition or creditworthiness business of the Borrower, or any other Loan Party Obligor that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or AffiliatesAgent.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or Agents nor any of their respective officers, directors, employees, agents, attorneys-in-advisors, attorneys in fact or Affiliates has have made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, a Credit Party or any other Loan Affiliate of a Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to Agent the Agents 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Credit Parties and each other Loan Party their affiliates and made its own decision to make its 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 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 Borrower, the Credit Parties and each other Loan Partytheir affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Credit Party or any other Loan affiliate of a Credit Party that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-attorneys in fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter takenor any affiliate thereof taken after the Closing Date, including any review of the affairs of Borrower, or any other Loan Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, Borrowers and each the other Loan Party Credit Parties and made its own decision to make its Loans hereunder and enter into this the 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 Borrower, the Borrowers and each the other Loan PartyCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderunder the Credit Agreement, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any Borrowers and the other Loan Party that Credit Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Borrower or its Subsidiaries and made its own decision to make its Loans 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 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 Borrower, and each other Loan Partythe Borrower or its Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that its Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has affiliates have made any representations or warranties to it such Lender and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, a Loan Party or any other affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Loan Parties and each other Loan Party their affiliates and made its own decision to make its 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 Borrower, the Loan Parties and each other Loan Partytheir affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Loan Party or any other affiliate of a Loan Party that which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter takenhereinafter, including any review of the affairs of Borrower, the Borrower or any other Loan Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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, appropriate made its own appraisal evaluation of and investigation into the business, operations, propertyProperty, financial and other condition and creditworthiness of the Borrower, Borrower or any other Credit Party and each other Loan Party the value and Lien status of any collateral security and made its own decision to make its 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 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 Borrower, the Borrower or any other Credit Party and each other Loan Partythe value and Lien status of any collateral security. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesProperty, financial condition, prospects and other condition or creditworthiness of the Borrower, Borrower or any other Loan Credit Party that which at any time may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Credit Parties and their Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, the Guarantors and each other Loan Party the Subsidiaries and made its own decision to make its Loans 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 Borrower, the Credit Parties and each other Loan Partytheir respective Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the BorrowerCredit Parties, their respective Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agentsagents advisors, attorneys-in-fact or Affiliates has have made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan PartyAffiliate of the Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party their Affiliates and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partytheir Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party Affiliate of the Borrower that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, advisors, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower and Borrower, or any other Loan Party, 's Subsidiaries shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower and Borrower, and each other Loan Party 's Subsidiaries and made its own decision to make its Loans 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 Agreement, the Notes 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 Borrower and Borrower, and each other Loan Party's Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, Borrower or any other Loan Party that of Borrower's Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates ("Agent-Related Persons") has made any representations or warranties to it and that no act by the Agent hereinafter takenor any Agent-Related Person hereinafter, including any review of the affairs of Borrower, the Borrower or any other Loan PartyPerson, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 evaluation of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party the Guarantors and made its own decision to make its 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 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, property, financial and other condition and creditworthiness of Borrower, the Borrower and each other Loan Partythe Guarantors. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Borrower and the Guarantors which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates of the Agent has made any representations or warranties to it and that no act action by the Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, the Parent Guarantor shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness credit-worthiness of the Borrower, Borrower and each other Loan Party the Parent Guarantor and made its own decision to make its Credit 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 taking, or directing, any 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 credit-worthiness of the Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness credit-worthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates of the Agent.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrowerthe Lessor, the Guarantor or any other Loan PartyLessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowerLessor, the Guarantor and each other Loan Party Lessee and made its own decision to make its 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 Borrowerthe Lessor, the Guarantor and each other Loan PartyLessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerLessor, the Guarantor or any other Loan Party that Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none each of the Agent or any of their respective and its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has not made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, the Credit Parties or any other Loan Partyof their Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such 71 77 documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties or their Affiliates and made its own decision to make its 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 Borrower, the Credit Parties and each other Loan Partytheir Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, Credit Parties or any other Loan Party that their respective Affiliates which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, each Borrower and each other Loan Party FSI and made its own decision to make its 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 Borrower, each Borrower and each other Loan PartyFSI. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunder or by the Agent hereunderother Loan Documents, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.information

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan PartyDebtor, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLetter of Credit Issuer. Each Lender and Issuing Bank represents each Letter of Credit Issuer acknowledges 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 Borrower, and each other Loan Party Debtor and made its own decision to make its Loans credit extensions hereunder and enter into this Agreement. Each Lender also represents acknowledges 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 Borrower, and each other Loan Partyany Debtor. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party Debtor that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their its respective officers, directors, employees, agents, attorneys-in-fact attorneys‑in‑fact or Affiliates has have made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, Borrowers or Guarantor or any other Loan PartyAffiliate of Borrowers or Guarantor, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower Parties and each other Loan Party their Affiliates and made its own decision to make its Loans Ratable Share of the 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 Borrower, the Loan Parties and each other Loan Partytheir Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Borrower Party or any other Loan Affiliate of any Borrower Party that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact attorneys‑in‑fact or Affiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges represents to all other Lenders and to Agent that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it such Lender: (i) Independently and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute without reliance on any representation or warranty act by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent that it has, independently and without reliance upon the Agent or by any other Lender, and based on such documents and information as it that Lender has deemed appropriate, has made its such Lender’s own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness affairs of the Borrower, Borrower and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Agreement and the Loan Documents. (ii) Has relied upon that Lender’s review of the Loan Documents by that Lender and by counsel to Lender as that Lender deemed appropriate under the circumstances. (b) Each Lender also represents agrees that it willsuch Lender, independently and without reliance upon the Agent or any other Lender, and based on upon such documents and information as it such Lender shall deem appropriate at the time, will continue to make its such Lender’s own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrower when determining whether to take or not taking to take any discretionary action under this Agreement and or the other Loan Documents. (c) Agent, and in the discharge of Agent’s duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the an Agent hereunderhereunder (as to which, none of the see Section 14.5), Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the businessany Person, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that which information may come into the possession of the Agent or any Affiliate of their respective officersAgent. (e) Each Lender, directorsat such Lender’s request, employeesshall have reasonable access to all non- privileged documents in the possession of Agent, agents, attorneys-in-fact or Affiliateswhich documents relate to Agent’s performance of its duties hereunder and the Loan Documents.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan PartyGuarantor, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party the Guarantors and made its own decision to make its 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 DocumentsOperative Agreements, 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 Borrower, the Borrower and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.the

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Consolidated Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties and made its own decision to make its 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 Borrower, and each other Loan Partythe Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.the

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the Agent or any of their its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of the Borrower, any other Loan Party, or any other party to the Loan PartyDocuments, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each the other Loan Party Parties, and any other party to the Loan Documents and made its own decision to make its 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 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 Borrower, and each the other Loan PartyParties, and any other party to the Loan Documents. Except for The Agent agrees to promptly furnish to each Lender a copy of all notices, reports and other documents expressly required to be furnished received by it from the Borrower pursuant to the Lenders by the Agent hereunder, none of terms hereof; provided that the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any other Loan Party, or any other party to the Loan Party that Documents which may otherwise come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or AffiliatesAffiliates except such as may come into the possession of the employees of Agent then having the responsibility for the administration of this Agreement.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the either Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, shall be deemed to constitute any representation or warranty by the either Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to Agent the Agents that it has, independently and without reliance upon the either 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 Borrower, Borrower and each the other Loan Party Parties and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the either 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder or under the other Loan Documents, none of the neither Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that which may come into the possession of the either Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, any Credit Party or any other Loan Consolidated Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties and made its own decision to make its 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 Borrower, and each other Loan Partythe Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder and any other documents reasonably requested by a Lender, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Credit Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its 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 hereinafter taken, including any review of the affairs of Borrower, the Company or any other Loan Partyof its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Borrower, Company and each other Loan Party its Subsidiaries and made its own decision to make its 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 Borrower, the Company and each other Loan Partyits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the The Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.,

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly --------------------------------------- acknowledges that none of the neither Agent or nor any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the either Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, shall be deemed to constitute any representation or warranty by the such Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to each Agent that it has, independently and without reliance upon the either 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 Borrower, Borrower and each the other Loan Party Parties and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the either 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 Borrower, the Borrower and each the other Loan PartyParties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the an Agent hereunder, none of the such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that which may come into the possession of the such Agent or any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly --------------------------------------- acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Parties and made its own decision to hold the Notes held by it and make its Loans hereunder and enter into this Agreementparticipate in the Reimbursement Obligations and the Letters of Credit Obligations. 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 investigations as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of Borrower, and each other the Loan PartyParties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder and under the other Loan Documents, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party Parties that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Administrative Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each the other Loan Party Parties and made its own decision to make its 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 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder or under the other Loan Documents, none of the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that which may come into the possession of the Administrative Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges that none of represents to all other Lenders and to the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any such Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent that it has, (i) independently and without reliance upon the on any representation or act by any Agent or by any other Lender, and based on such documents and information as it that Lender has deemed appropriate, has made its such Lender's own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness affairs of the Borrower, Borrowers and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Agreement and the Loan Documents, and (ii) has relied upon that Lender's review of the Loan Documents and such review of the Loan Documents by counsel to that Lender as that Lender deemed appropriate under the circumstances. (b) Each Lender also represents agrees that it willsuch Lender, independently and without reliance upon the any Agent or any other Lender, and based on upon such documents and information as it such Lender shall deem appropriate at the time, will continue to make its such Lender's own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrower when determining whether to take or not taking to take any discretionary action under this Agreement and the or any other Loan DocumentsDocument. (c) The Agent, and in the discharge of the Agent's duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunderhereunder (see Section 5.10, none of below), the Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the businessany Person, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that which information may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesits affiliates. (e) Each Lender shall have reasonable access to all documents relating to the Agent's performance of the Agent's duties hereunder at such Lender's request.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its Loans Extensions of Credit 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent or any Affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Credit Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, 73 Spectra Energy Partners OLP, LP operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties and made its own decision to make its Loans Extensions of Credit 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 Borrower, and each other Loan Partythe Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Credit Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, or any other Loan Party, the Company shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other LenderLender or its counsel, and based on such documents and information as it has deemed appropriate, appropriate made its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Company and made its own decision to make its Loans extend credit hereunder and enter into this Agreementthe Credit Documents. Each Lender also represents that it will, independently and without reliance upon the Agent or any other Lender, and based on such documents documents, information and information legal advice (including, without limitation, advice of 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 Borrower, and each other Loan Partythe Company. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of and except for financial statements, documents and other information received by the Agent from the Company pursuant to this Agreement, which the Agent agrees to distribute promptly to the Lenders, the Agent shall not have any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Company which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective officers, directors, employees, agents, attorneys-in-fact infact or Affiliates affiliates of the Agent has made any representations or warranties to it and that no act action by the Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, the Parent Guarantor shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness credit-worthiness of the Borrower, Borrower and each other Loan Party the Parent Guarantor and made its own decision to make its Credit 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 taking, or directing, any 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 credit-worthiness of the Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness credit-worthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession possession, of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates of the Agent.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and the Guarantors, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party the Guarantors and made its own decision to make its 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower and the Guarantors which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partyits Subsidiaries. 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, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Borrower and its Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan PartyBorrower and Co-Obligors, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, Borrower and each other Loan Party Co-Obligors and made its own decision to make its 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 conditions, prospects and creditworthiness of Borrower, the Borrower and each other Loan PartyCo-Obligors. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower and Co-Obligors which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its 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 hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Partyof its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its Loans 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 Borrower, the Borrower and each other Loan Partyits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the The Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial and other condition, prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that of its Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Partythe Guarantor, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party the Guarantor and made its own decision to make its 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 DocumentsOperative Agreements, 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 Borrower, the Borrower and each other Loan Partythe Guarantor. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that the Guarantor which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrowerthe Lessor, the Guarantor or any other Loan Partythe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon the Agent Agent, the Lease Participant 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 BorrowerLessor, the Guarantor and each other Loan Party the Lessee and made its own decision to make its Loans hereunder and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent Agent, the Lease Participant 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 Borrowerthe Lessor, the Guarantor and each other Loan Partythe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerLessor, the Guarantor or any other Loan Party that the Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the Agent or Agent, the Lender Agents nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan PartyOriginator Entity, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankAgent. Each Lender represents and Issuing Bank represents warrants to the Agent that it hasand the Lender Agents that, independently and without reliance upon the Agent, any Lender Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, it has made and will continue to make its own appraisal of and investigation into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Borrower, the Insurer, the Originator Entities and each other Loan Party the Receivables and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it willAgreement and to take, independently and without reliance upon the Agent or any other Lenderomit, 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 any Transaction Document. The Agent shall deliver each month to any Lender that so requests a copy of the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to Periodic Report(s) received covering the business, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Partypreceding calendar month. Except for notices, reports and other documents expressly items specifically required to be furnished to the Lenders by the Agent delivered hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender or any Lender Agent with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, the Insurers any Originator Entity or any other Loan Party of its Affiliates that may come comes into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-attorneys and other advisors, partners, attorneys in fact or Affiliates has affiliates have made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrower, a Loan Party or any other affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to 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 and an investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Loan Parties and each other Loan Party their affiliates and made its own decision to make its Loans portion of the 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 Borrower, the Loan Parties and each other Loan Partytheir affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Loan Party or any other affiliate of a Loan Party that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-attorneys and other advisors, partners, attorneys in fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none each of the Agent or any of their respective and its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has not made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Partyof its Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Borrower or its Affiliates and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partyits Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that its respective Affiliates which may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.into

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its respective officers, directors, employees, agents, attorneys-attorneys- in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter takenhereinafter, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently in- dependently 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 evaluation of and investigation into the business, operations, propertyProperty, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its 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 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesProperty, financial condition, prospects and other condition or creditworthiness creditwor- thiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrowers and their Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its Loans 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 Borrower, the Borrowers and each other Loan Partytheir Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the Borrower, any Borrower Affiliate or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party the Subsidiaries and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partythe Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or furnished to the Agent for the account of, none of or with a counterpart or copy for, each Lender, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that Subsidiary which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter any of them hereafter taken, including any review of the affairs of Borrower, the Company or any other Loan PartySubsidiary, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it hashas or will, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed or will deem appropriate, made and will make its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries, and each other Loan Party made and made will make its own decision to make its Loans hereunder Loans, participate in Letters of Credit and enter into this Agreementthe Loan Documents to which it is or will be a party. 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 Borrower, the Company and each other Loan Partyits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or furnished to the Agent with copies or counterparts for the Lenders, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Company which may come into its possession or the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or furnished to the Agent for the account of, none of or with a counterpart or copy for, each Lender, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges that none of represents to all other Lenders and to the Agent that such Lender: (i) Independently and without reliance on any representation or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter takenor by any other Lender, including any and based on such documents and information as that Lender has deemed appropriate, has made such Lender's own appraisal of the financial condition and affairs of the Borrowers and decision to enter into this Agreement and the other Loan Documents. (ii) Has relied upon that Lender's review of the affairs Loan Documents and such review of Borrower, or any other the Loan Party, shall be Documents by counsel to that Lender as that Lender deemed to constitute any representation or warranty by appropriate under the Agent to any Lender or any Issuing Bank. circumstances. (b) Each Lender and Issuing Bank represents to Agent agrees that it hassuch Lender, independently and without reliance upon the Agent or any other Lender, and based on upon 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 Borrower, and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Each such 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, will continue to make its such Lender's own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrowers when determining whether to take or not taking to take any discretionary action under this Agreement and the or any other Loan DocumentsDocument. (c) The Agent, and in the discharge of its duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunderhereunder (as to which, none of see Section 15.5), the Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that Person which may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or its Affiliates. (e) Each Lender shall have reasonable access to all documents relating to the Agent's performance of the Agent's duties hereunder at such Lender's request. 160

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Administrative Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereinafter hereafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its 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 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder or furnished to the Administrative Agent for the account of, none of or with a counterpart or copy for, each Lender, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Administrative Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Administrative Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan PartyParties, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Parties and made its own decision to make its Loans hereunder and enter into this Credit 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 Credit 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 Borrower, and each other the Loan PartyParties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder or by the other Loan Documents, none of the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Parties which may come into the possession of the Agent Administrative Agent, or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the no Agent or nor any of their --------------------------------------- its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the such Agent hereinafter hereafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Company, shall be deemed to constitute any representation or warranty by the such Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to each Agent that it has, independently and without reliance upon the 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Company and made its own decision to make its Loans extend credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the 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 Borrower, and each other Loan Partythe Company. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the an Agent hereunder, none of the such Agent shall not have any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Company which may come into the possession of the such Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent, the Co-Agent or nor any of their respective officers, directors, counsel, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter or the Co-Agent hereafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrowers, shall be deemed to constitute any representation or warranty by the Agent or the Co-Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent and the Co-Agent that it has, independently and without reliance upon the Agent or the Co-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 other) condition and creditworthiness of the Borrower, and each other Loan Party Borrowers and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or the Co-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 Borrower, and each other Loan Partythe Borrowers. 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, none of the Agent and the Co-Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects (and other) condition or 113 121 creditworthiness of the Borrower, or any other Loan Party that Borrowers which may come into the possession of the Agent or the Co-Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of 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 any Agent hereinafter hereafter taken, including any review of the affairs of Borrower, a Loan Party or any other affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the any Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon the any 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 Borrower, Loan Parties and each other Loan Party their affiliates and made its own decision to make its Term Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the any 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 Borrower, the Loan Parties and each other Loan Partytheir affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, none of the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Loan Party or any other affiliate of a Loan Party that may come into the possession of the Administrative Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly --------------------------------------- acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrowerthe Lessor, the Guarantor or any other Loan Partythe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowerLessor, the Guarantor and each other Loan Party the Lessee and made its own decision to make its 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 Borrowerthe Lessor, the Guarantor and each other Loan Partythe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerLessor, the Guarantor or any other Loan Party that the Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-in- fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any of its respective affiliates hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, Credit Party shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, Borrowers and each the other Loan Party Credit Parties and made its own decision to make its 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 Borrower, the Borrowers and each the other Loan PartyCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any Borrowers and the other Loan Party that Credit Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group --------------------------------------- expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrowerthe Lessor, the Guarantor or any other Loan Partythe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowerLessor, the Guarantor and each other Loan Party the Lessee and made its own decision to make its 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 Borrowerthe Lessor, the Guarantor and each other Loan Partythe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerLessor, the Guarantor or any other Loan Party that the Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent agrees that it has, independently and without reliance upon on the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal credit analysis of CREDIT AGREEMENT the Borrower and investigation into the business, operations, property, financial its Subsidiaries and other condition and creditworthiness of the Borrower, and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents Agreement and 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 analysis and decisions in taking or not taking action under this Agreement and the or under any other Loan Documents, and Credit Document. The Administrative Agent shall not be required to make such investigation as it deems necessary to inform keep itself informed as to the business, operations, property, financial and performance or observance by the Borrower of this Agreement or any of the other condition and creditworthiness Credit Documents or any other document referred to or provided for herein or therein or to inspect the Properties or books of Borrower, and each other Loan Partythe Borrower or any of its Subsidiaries. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder or under the Security Documents or delivered to the Administrative Agent with the intent that such notices, none of reports and other documents and information shall be distributed to the Lenders pursuant to the terms hereof, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesaffairs, financial condition, prospects condition or creditworthiness business of the Borrower, Borrower or any other Loan Party of its Subsidiaries (or any of its Affiliates) that may come into the possession of the Administrative Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or its Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of the Company or the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, Borrower and each the other Loan Party Credit Parties and made its own decision to make its 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 Borrower, the Borrower and each the other Loan PartyCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any Borrower and the other Loan Party that Credit Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including any review of the affairs of Borrowerthe Parent, the Borrower or any other Loan PartySubsidiary, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the BorrowerParent, the Borrower and each other Loan Party the Subsidiaries and made its own decision to make its 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 Borrowerthe Parent, the Borrower and each other Loan Partythe Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or furnished to the Agent for the account of, none of or with a counterpart or copy for, each Lender, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerParent, the Borrower or any other Loan Party that Subsidiary which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereinafter taken, including any review of the affairs of the Borrower, or any other Loan PartyHoldings and their Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, Holdings and each other Loan Party their Subsidiaries and made its own decision to make its Loans 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 Borrower, Holdings and each other Loan Partytheir Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the Borrower, Holdings, their Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group --------------------------------------- expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, the Lessor or any other Loan Partythe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, propertyEquipment, financial and other condition and creditworthiness of the Borrower, Lessor and each other Loan Party the Lessee and made its own decision to make its 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, propertyEquipment, financial and other condition and creditworthiness of Borrower, the Lessor and each other Loan Partythe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesEquipment, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Lessor or any other Loan Party that the Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly --------------------------------------- acknowledges that none of the neither Agent or nor any of their respective officersofficer, directorsdirector, employeesemployee, agentsagent, attorneysattorney-in-fact or Affiliates Affiliate of either Agent has made any representations or warranties to it and that no act by the either Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, shall be deemed to constitute any representation or warranty by the such Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to each Agent that it has, independently and without reliance upon the either 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 Borrower, Borrower and each the other Loan Party Parties and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the either 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 Borrower, the Borrower and each the other Loan PartyParties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the an Agent hereunder, none of the such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that which may come into the possession of the such Agent or any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates of the Agent has made any representations or warranties to it and that no act action by the Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, the Parent Guarantor shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness credit-worthiness of the Borrower, Borrower and each other Loan Party the Parent Guarantor and made its own decision to make its Credit 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 taking, or directing, any 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 credit-worthiness of the Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness credit-worthiness of the Borrower, or any other Loan Party that Borrower and the Parent Guarantor which may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates of the Agent.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or Agent, NMS nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent and NMS that it has, independently and without reliance upon the Agent or NMS 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, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties and made its own decision to make its Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent or NMS 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 Borrower, and each other Loan Partythe Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent and NMS shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Credit Parties which may come into the possession of the Agent Agent, NMS or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges represents to all other Lenders and to Agent that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it such Lender: (i) Independently and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute without reliance on any representation or warranty act by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent that it has, independently and without reliance upon the Agent or by any other Lender, and based on such documents and information as it that Lender has deemed appropriate, has made its such Lender’s own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness affairs of the Borrower, Borrower and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Agreement and the Loan Documents. (ii) Has relied upon that Lender’s review of the Loan Documents by that Lender and by counsel to Lender as that Lender deemed appropriate under the circumstances. (b) Each Lender also represents agrees that it willsuch Lender, independently and without reliance upon the Agent or any other Lender, and based on upon such documents and information as it such Lender shall deem appropriate at the time, will continue to make its such Lender’s own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrower when determining whether to take or not taking to take any discretionary action under this Agreement and or the other Loan Documents. (c) Agent, and in the discharge of Agent’s duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the an Agent hereunderhereunder (as to which, none of the see Section 14.5), Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the businessany Person, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that which information may come into the possession of the Agent or any Affiliate of their respective officersAgent. (e) Each Lender, directorsat such Lender’s request, employeesshall have reasonable access to all non-privileged documents in the possession of Agent, agents, attorneys-in-fact or Affiliateswhich documents relate to Agent’s performance of its duties hereunder and the Loan Documents.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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, 92 99 made its own appraisal of and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its Loans 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 Borrower, the Borrower and each other Loan Partyits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the Borrower, its Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent or any Affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and the Guarantors, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, Borrower and each other Loan Party the Guarantors and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partythe Guarantors. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower and the Guarantors which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or Agent, the Co-Agent, nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of each Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 99 106 its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its Loans 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 each Borrower, and each other Loan Party. 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, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that each Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges that none of represents to all other Lenders and to the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any such Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent that it has, (i) independently and without reliance upon the on any representation or act by any Agent or by any other Lender, and based on such documents and information as it that Xxxxxx has deemed appropriate, has made its such Xxxxxx's own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness affairs of the Borrower, Borrowers and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Agreement and the Loan Documents, and (ii) has relied upon that Xxxxxx's review of the Loan Documents and such review of the Loan Documents by counsel to that Xxxxxx as that Xxxxxx deemed appropriate under the circumstances. (b) Each Lender also represents agrees that it willsuch Xxxxxx, independently and without reliance upon the any Agent or any other Lender, and based on upon such documents and information as it such Xxxxxx shall deem appropriate at the time, will continue to make its such Xxxxxx's own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrower when determining whether to take or not taking to take any discretionary action under this Agreement and the or any other Loan DocumentsDocument. (c) The Agent, and in the discharge of the Agent's duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunderhereunder (see Section 5.10, none of below), the Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the businessany Person, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that which information may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesits affiliates. (e) Each Lender shall have reasonable access to all documents relating to the Agent's performance of the Agent's duties hereunder at such Xxxxxx's request.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereinafter or any such Person hereafter taken, including any review of the affairs of Borrower, or any other Loan PartyBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to 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 financial condition and creditworthiness of Borrower, Borrower and each other Loan Partyits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the Borrower, its Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member Lender on behalf of the itself and any Affiliate of such Lender Group holding any Non-Loan Exposure or Hedging Obligations expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of any Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing Banksuch Affiliate. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its 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 each Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender or any Affiliate of such Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Paying Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by any of the Paying Agent hereinafter hereafter taken, including any review of the affairs of Newco or the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Paying Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Paying Agent that it has, independently and without reliance upon the Paying Agent or any other LenderLenders, 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 credit worthiness of Newco and the Borrower, and each other Loan Party Borrower and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Paying 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 credit worthiness of Newco and the Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Paying Agent hereunder, none of the Paying Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness credit worthiness of Newco or the Borrower, or any other Loan Party that Borrower which may come into the possession of the Paying Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrowers and their Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrowers and each other Loan Party their Subsidiaries and made its own decision to make its 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 Borrower, the Borrowers and each other Loan Partytheir Subsidiaries. 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, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Borrowers and their Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their respective officersofficer, directorsdirector, employeesemployee, agentsagent, attorneysattorney-in-fact or Affiliates affiliate thereof has made any representations or warranties to it and that no act taken by the Agent hereinafter takenhereafter, including any review of the affairs of BorrowerBorrower or any Guarantor, or any other Loan Party, obligor shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Guarantors, and each other Loan Party obligors, and made its own decision to make its Loans hereunder Commitment Percentage of the Loan 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 Borrower, and each other Loan Party. Except for noticesGuarantors, reports Obligors and other documents expressly required obligors. Each Lender assumes all risk of loss in connection with its interest in the Loan. Without limiting the generality of the foregoing, Agent shall not in any way be responsible for: (a) the accuracy of any information given or to be given to Lenders by or on behalf of Borrower or any Guarantor; (b) the validity, enforceability or legal effect of any of the Loan Documents; (c) any title insurance policies furnished to Agent by Borrower or any other party or the Lenders by the Agent hereunder, none validity or effectiveness of the Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning examination thereof; (d) the business, assets, operations, properties, financial condition, prospects solvency or creditworthiness of Borrower or any Guarantor or the Borrowercollectability of the Loan; (e) the value of any collateral given to secure the Loan; (f) any recitals, representations, or warranties contained in, or for the execution, validity, genuineness, effectiveness, or enforceability of any Loan Document or any other Loan Party that may come into instrument or document delivered hereunder or in connection herewith; or (g) the possession validity, genuineness, perfection, effectiveness, enforceability, existence, value, or enforcement of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatescollateral.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any other Lender nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations representation or warranties warranty to it such Lender and that no act by the Agent hereinafter or any other Lender hereafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent or any Lender to any Lender or any Issuing Bankother Lender. Each Lender and Issuing 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 and investigation into the business, operations, property, condition (financial and other condition otherwise) and creditworthiness of the Borrower, Borrower and each the value of the Collateral and other Loan Party Properties of the Borrower and has made its own decision to make its 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 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, condition (financial and other condition otherwise) and creditworthiness of the Borrower and the value of the Collateral and other Properties of the Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionand otherwise), prospects or creditworthiness of the Borrower, Borrower or any the value of the Collateral or other Loan Party that Properties of the Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneysattomeys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates 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 or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties and made its own decision to make its 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 Borrower, and each other Loan Partythe Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Credit Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent acknowledges that it has, independently and without reliance upon the on 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 analysis of the Borrowercollateral for the Loan and of the credit of Borrower and Guarantor, and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents , and 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 analysis and decisions in taking or not taking action under this Agreement and the or any other Loan Documents, and Document. Agent shall not be required to make such investigation as it deems necessary to inform keep itself informed as to the businessperformance or observance by Borrower of this Agreement or any other Loan Document or any other document referred to or provided for herein or therein or to inspect the properties (including, operationswithout limitation, property, financial and other condition and creditworthiness the Premises) or books of Borrower, and each other Loan Party. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesaffairs, financial condition, prospects condition or creditworthiness business of the Borrower, Borrower or Guarantor (or any other Loan Party that affiliate of them) which may come into the possession of the Agent or any of their respective officersits affiliates; provided, directorshowever, employeesthat promptly after a Lender’s request therefor, agentsAgent shall deliver to such Lender a copy of any financial statement or report delivered to Agent pursuant to Section 5.1.1, attorneys-in-fact and any such Lender acknowledges and agrees that Agent makes no representations or Affiliateswarranties (implied, express or otherwise) as to the accuracy or completeness of any such financial statements or reports and the data and calculations contained therein.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereinafter taken, including any review of the affairs of Borrower, or any other Loan PartyBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, Company and each other Loan Party its Subsidiaries and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrowers 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 Borrower, the Company and each other Loan Partyits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the BorrowerCompany, its Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly --------------------------------------- acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each the other Loan Party Parties and made its own decision to make its 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 Borrower, and each other Loan Party. 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, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrowerthe Lessor, the Guarantor or any other Loan PartyLessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other LenderFunding 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 BorrowerLessor, the Guarantor and each other Loan Party Lessee and made its own decision to make its 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 LenderFunding 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 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 Borrowerthe Lessor, the Guarantor and each other Loan PartyLessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the BorrowerLessor, the Guarantor or any other Loan Party that Lessee which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its 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 hereinafter hereafter taken, including any review of the affairs of the Borrower, any Guarantor or any other Loan Partyof their Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to the Agent that it has, independently and without reliance upon the any 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 Borrower, the Guarantors and each other Loan Party their Affiliates and made its own decision to make its 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 Borrower, the Guarantors and each other Loan Partytheir Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any no duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Guarantor or any other Loan Party of their Affiliates that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partyits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder (including matters with respect to which the Borrower is required to deliver to the Agent a sufficient number of copies of counterparts for each Lender), none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, Borrower or any other Loan Party that of its Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges that none of represents to all other Lenders and to the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it that such Lender: (i) Independently and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute without reliance on any representation or warranty act by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent that it has, independently and without reliance upon the Agent or by any other Lender, and based on such documents and information as it that Lender has deemed appropriate, has made its such Lender’s own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness affairs of the Borrower, Borrowers and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. . (ii) Has relied upon that Lender’s review of the Loan Documents by that Lender and by counsel to that Lender as that Lender deemed appropriate under the circumstances. (b) Each Lender also represents agrees that it willsuch Lender, independently and without reliance upon the Agent or any other Lender, and based on upon such documents and information as it such Lender shall deem appropriate at the time, will continue to make its such Lender’s own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrowers when determining whether to take or not taking to take any discretionary action under this Agreement and Agreement. (c) Except as otherwise required by the other Loan Documentsprovisions of this Agreement, and the Agent, in the discharge of that Agent’s duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunderhereunder (as to which, none of see Section 14.5), the Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the businessany Person, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that which information may come into the possession of the Agent or any Affiliate of their respective officersthe Agent. (e) Each Lender, directorsat such Lender’s request, employeesshall have reasonable access to all nonprivileged documents in the possession of the Agent, agents, attorneys-in-fact or Affiliateswhich documents relate to the Agent’s performance of its duties hereunder.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 it own appraisal of and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, Borrower and each other Loan Party its Affiliates and made its own decision to make its 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 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 Borrower, the Borrower and each other Loan Partyits Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower and its Affiliates which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges represents to all other Lenders and to Agent that none of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it such Lender: (i) Independently and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute without reliance on any representation or warranty act by the Agent to any Lender or any Issuing Bank. Each Lender and Issuing Bank represents to Agent that it has, independently and without reliance upon the Agent or by any other Lender, and based on such documents and information as it that Lender has deemed appropriate, has made its such Lender's own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness affairs of the Borrower, Borrower and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Agreement and the Loan Documents. (ii) Has relied upon that Lender's review of the Loan Documents by that Lender and by counsel to Lender as that Lender deemed appropriate under the circumstances. (b) Each Lender also represents agrees that it willsuch Lender, independently and without reliance upon the Agent or any other Lender, and based on upon such documents and information as it such Lender shall deem appropriate at the time, will continue to make its such Lender's own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrower when determining whether to take or not taking to take any discretionary action under this Agreement and or the other Loan Documents. (c) Agent, and in the discharge of Agent's duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the an Agent hereunderhereunder (as to which, none of the see Section 15.5), Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the businessany Person, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that which information may come into the possession of the Agent or any Affiliate of their respective officersAgent. (e) Each Lender, directorsat such Lender's request, employeesshall have reasonable access to all non-privileged documents in the possession of Agent, agents, attorneys-in-fact or Affiliateswhich documents relate to Agent's performance of its duties hereunder and the Loan Documents.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent or any Affiliate thereof hereinafter taken, including any review of the affairs of the Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Borrower and made its own decision to make its Loans hereunder hereunder, participate in Facility LCs, 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 Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of the neither Agent or nor any of their respective officersofficer, directorsdirector, employeesemployee, agentsagent, attorneysattorney-in-fact or Affiliates affiliate thereof has made any representations or warranties to it and that no act taken by the Agent hereinafter takenhereafter, including any review of the affairs of BorrowerBorrower or any Guarantor, or any other Loan Party, obligor shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Guarantors, and each other Loan Party obligors, and made its own decision to make its Loans hereunder Commitment Percentage of the Loan 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 Borrower, and each other Loan Party. Except for noticesGuarantors, reports Obligors and other documents expressly required obligors. Each Lender assumes all risk of loss in connection with its interest in the Loan. Without limiting the generality of the foregoing, Agent shall not in any way be responsible for: (a) the accuracy of any information given or to be given to Lenders by or on behalf of Borrower or any Guarantor; (b) the validity, enforceability or legal effect of any of the Loan Documents; (c) any title insurance policies furnished to Agent by Borrower or any other party or the Lenders by the Agent hereunder, none validity or effectiveness of the Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning examination thereof; (d) the business, assets, operations, properties, financial condition, prospects solvency or creditworthiness of Borrower or any Guarantor or the Borrowercollectibility of the Loan; (e) the value of any collateral given to secure the Loan; (f) any recitals, representations, or warranties contained in, or for the execution, validity, genuineness, effectiveness, or enforceability of any Loan Document or any other Loan Party that may come into instrument or document delivered hereunder or in connection herewith; or (g) the possession validity, genuineness, perfection, effectiveness, enforceability, existence, value, or enforcement of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatescollateral.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its 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 hereinafter hereafter taken, including any review of the affairs of Borrower, a Loan Party or any other affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, Loan Parties and each other Loan Party their affiliates and made its own decision to make its Loans Initial Term Loan or Delayed Draw Term Loan, as applicable, 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 Borrower, the Loan Parties and each other Loan Partytheir affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, any Loan Party or any other affiliate of a Loan Party that may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereinafter or any such Person hereafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, 105 financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its Loans 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 Borrower, the Borrower and each its Subsidiaries. Except as expressly provided in this Agreement and the other Loan Party. Except for noticesDocuments, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the Borrower, its Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly --------------------------------------- acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereinafter or any such Person hereafter taken, including any review of the affairs of Borrower, or any other Loan Partythe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, Borrower and each other Loan Party its Subsidiaries and made its own decision to make its Loans 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 Borrower, the Borrower and each other Loan Partyits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the Borrower, its Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or Agents, BAS nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the an Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, or any other Loan Credit Party, shall be deemed to constitute any representation or warranty by the such Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank represents to Agent the Agents and BAS that it has, independently and without reliance upon the Agent Agents or BAS 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, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Credit Parties and made its own decision to make its Loans hereunder and enter into this Credit Agreement. Each Lender also represents that it will, independently and without reliance upon the Agent Agents or BAS 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 Borrower, and each other Loan Partythe Credit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, none of the Agent Agents and BAS shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that Credit Parties which may come into the possession of the Agent Agents, BAS or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their its respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other the Loan PartyParties, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, and each other Loan Party Parties and made its own decision to make its Loans hereunder and enter into this AgreementAgreement and each other Loan Document to which it is a party. 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 Borrower, and each other the Loan PartyParties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, condition (financial conditionor otherwise), prospects or creditworthiness of the Borrower, or any other Loan Party that Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereinafter taken, including any review of the affairs of Borrower, or any other Loan PartyOCA and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing Bank 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 and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Borrower, OCA and each other Loan Party its Subsidiaries and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrowers 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 Borrower, OCA and each other Loan Partyits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall have any 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, assetsprospects, operations, properties, financial condition, prospects or other condition or creditworthiness of the any Borrower, its Subsidiaries or any other Loan Party Person that may at any time come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. (a) Each member of the Lender Group expressly acknowledges that none of represents to all other Lenders and to the Agent that such Lender: (i) Independently and without reliance on any representation or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter takenor by any other Lender, including any and based on such documents and information as that Lender has deemed appropriate, has made such Lender's own appraisal of the financial condition and affairs of the Borrowers and decision to enter into this Agreement and the other Loan Documents. (ii) Has relied upon that Lender's review of the affairs Loan Documents and such review of Borrower, or any other the Loan Party, shall be Documents by counsel to that Lender as that Lender deemed to constitute any representation or warranty by appropriate under the Agent to any Lender or any Issuing Bank. circumstances. (b) Each Lender and Issuing Bank represents to Agent agrees that it hassuch Lender, independently and without reliance upon the Agent or any other Lender, and based on upon 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 Borrower, and each other Loan Party and made its own decision to make its Loans hereunder and enter into this Agreement. Each such 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, will continue to make its such Lender's own credit analysis, appraisals of the financial condition and decisions in taking affairs of the Borrowers when determining whether to take or not taking to take any discretionary action under this Agreement and the or any other Loan DocumentsDocument. (c) The Agent, and in the discharge of its duties hereunder, shall not be required to make such investigation as it deems necessary inquiry of, or to inform itself as to inspect the businessproperties or books of, operations, property, financial and other condition and creditworthiness of Borrower, and each other Loan Party. any Person. (d) Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunderhereunder (as to which, none of see Section 15.5), the Agent shall not have any affirmative duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, properties, financial condition, prospects or creditworthiness of the Borrower, or any other Loan Party that Person which may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or its Affiliates. 170 (e) Each Lender shall have reasonable access to all documents relating to the Agent's performance of the Agent's duties hereunder at such Lender's request.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none each of the Agent or any of their respective and its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has not made any representations or warranties to it and that no act by the Agent or any affiliate thereof hereinafter taken, including any review of the affairs of Borrower, the Borrower or any other Loan Partyof its Affiliates, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Borrower, and each other Loan Party Borrower or its Affiliates and made its own decision to make its 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 Borrower, the Borrower and each other Loan Partyits Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, operations, propertiesproperty, financial conditionor other conditions, prospects or creditworthiness of the Borrower, or any other Loan Party that may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.or

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates of the Agent has made any representations or warranties to it and that no act action by the Agent hereinafter taken, including any review of the affairs of Borrower, any Borrower or any other Loan Party, the Parent Guarantor shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness credit-worthiness of any Borrower and the Borrower, and each other Loan Party Parent Guarantor and made its own decision to make its Credit 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 taking, or directing, any 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 credit-worthiness of any Borrower, and each other Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness credit-worthiness of the Borrower, or any other Loan Party that Borrower which may come into the possession of the Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates of the Agent.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or Agent, nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by the Agent hereinafter hereafter taken, including including, without limitation, any review of the affairs of Borrower, or any other Loan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankAgent. Each Lender represents and Issuing Bank represents 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 and investigation into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Borrower, and each other Loan Party Parties and made its own decision to make its 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 Borrower, and each other the Loan PartyParties. Except for notices, reports and other CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT documents expressly required under the Loan Documents to be furnished to the Lenders by the Agent hereunderAgent, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, prospects, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Parties which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Non-Reliance on Agent and Other Lenders. Each member of the Lender Group expressly acknowledges that none of neither the Agent or nor any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by the Agent hereinafter taken, including any review of the affairs of Borrower, or any other Loan PartyBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender or any Issuing BankLender. Each Lender and Issuing 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 and investigation into the business, operations, property, financial and other condition and creditworthiness of the Borrower, each Borrower and each other Loan Party its Subsidiaries and made its own decision to make its 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 Borrower, each Borrower and each other Loan Partyits Subsidiaries. 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, none of the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertiesproperty, financial condition, prospects and other condition or creditworthiness of the Borrower, or any other Loan Party that Borrower and its Subsidiaries which may come into the possession of the Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.