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

Non-Reliance on Agent and the Other Lenders. Each Lender expressly ------------------------------------------- acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys, or Affiliates has made any representations or warranties to it. Agent shall have no obligation or liability to any of the Lenders regarding the creditworthiness or financial condition of Borrower. No act by Agent hereinafter taken, including any review of Borrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that, independently and without reliance upon Agent or any other Lender and based on such documents and information as it has deemed appropriate, it has made its own appraisal of and investigation into the business, operations, property, financial, and other condition and creditworthiness of Borrower and has made its own decision to make its Revolving Advances, the Term Loan and to incur Letter of Credit Obligations hereunder and to enter into this Agreement. Each Lender also represents that, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it deems appropriate at the time, it shall 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. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no obligation or liability to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of Borrower which may come into the possession of either of Agent or any of its officers, directors, employees, agents, attorneys-in-fact, or Affiliates.

Non-Reliance on Agent and the Other Lenders. Each Lender expressly ------------------------------------------- acknowledges that neither Agent Agent, nor any of its officers, directors, employees, agentsagent, attorneys-in-fact or affiliates, or Affiliates has made any representations or warranties to it. Agent shall have it and that no obligation or liability to any of the Lenders regarding the creditworthiness or financial condition of Borrower. No act by Agent hereinafter hereafter taken, including including, without limitation, any review of Borrower, the affairs of Borrower shall be deemed to constitute any representation or warranty by Agent to any LenderAgent. Each Lender represents and warrants to Agent thatthat it has, independently and without reliance upon Agent or any other Lender and based on such documents and information as it has deemed appropriate, it has (a) made its own appraisal of and investigation into the business, operations, property, financialprospects, financial and other condition condition, creditworthiness and creditworthiness solvency of Borrower Borrower, (b) satisfied itself as to the due execution, legality, validity, enforceability, genuineness, sufficiency and has value of all of the Loan Documents and all other instruments and documents furnished pursuant to any Loan Document, an (c) made its own decision as to make its Revolving Advances, Percentage of the Term Loan and Commitment pursuant to incur Letter of Credit Obligations hereunder and to enter into this Agreement. Each Lender also represents thatthat it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it deems shall deem appropriate at the time, it shall continue to make its own credit analysisanalyses, appraisals, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition, condition and creditworthiness of Borrower. Except for notices, reports and other documents expressly required pursuant to the Loan Documents to be furnished to Lenders by Agent hereunderto the Lenders, Agent shall not have no obligation any duty or liability responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition or creditworthiness of Borrower which may come into the possession of either of Agent or any of its officers, directors, employees, agents, attorneys-in-fact, fact or Affiliatesaffiliates.

Non-Reliance on Agent and the Other Lenders. Each Lender expressly ------------------------------------------- acknowledges that neither Agent Agent, nor any of its officers, directors, employees, agents, attorneys-in-fact or affiliates, or Affiliates has made any representations or warranties to it. Agent shall have it and that no obligation or liability to any of the Lenders regarding the creditworthiness or financial condition of Borrower. No act by Agent hereinafter hereafter taken, including including, without limitation, any review of Borrower, the affairs of Borrower shall be deemed to constitute any representation or warranty by Agent to any LenderAgent. Each Lender represents and warrants to Agent thatthat it has, independently and without reliance upon Agent or any other Lender and based on such documents and information as it has deemed appropriate, it has (a) made its own appraisal of and investigation into the business, operations, property, financialprospects, financial and other condition, creditworthiness and solvency of Borrower, (b) satisfied itself as to the due execution, legality, validity, enforceability, genuineness, sufficiency and value of all of the Loan Documents and all other instruments and documents furnished pursuant to any Loan Document, and other condition and creditworthiness of Borrower and has (c) made its own decision as to make its Revolving Advances, Percentage of the Term Loan and Commitment pursuant to incur Letter of Credit Obligations hereunder and to enter into this Agreement. Each Lender also represents thatthat it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it deems shall deem appropriate at the time, it shall continue to make its own credit analysisanalyses, appraisals, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition, condition and creditworthiness of Borrower. Except for notices, reports and other documents expressly required pursuant to the Loan Documents to be furnished to Lenders by Agent hereunderto the Lenders, Agent shall not have no obligation any duty or liability responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition or creditworthiness of Borrower which may come into the possession of either of Agent or any of its officers, directors, employees, agents, attorneys-in-fact, fact or Affiliatesaffiliates.

Non-Reliance on Agent and the Other Lenders. Each Lender expressly ------------------------------------------- acknowledges that neither Agent Agent, nor any of its officers, directors, employees, agents, attorneys-in-fact or affiliates, or Affiliates has made any representations or warranties to it. Agent shall have it and that no obligation or liability to any of the Lenders regarding the creditworthiness or financial condition of Borrower. No act by Agent hereinafter hereafter taken, including including, without limitation, any review of Borrower, the affairs of Borrower shall be deemed to constitute any representation or warranty by Agent to any LenderAgent. Each Lender represents and warrants to Agent thatthat it has, independently and without reliance upon Agent or any other Lender and based on such documents and information as it has deemed appropriate, it has (a) made its own appraisal of and investigation into the business, operations, property, financialprospects, financial and other condition, creditworthiness and solvency of Borrower, (b) satisfied itself as to the due execution, legality, validity, enforceability, genuineness, sufficiency and value of all of the Loan Documents and all other instruments and documents furnished pursuant to any Loan Document, and other condition and creditworthiness of Borrower and has (c) made its own decision as to make its Revolving Advances, the Term Loan and Commitment pursuant to incur Letter of Credit Obligations hereunder and to enter into this Agreement. Each Lender also represents thatthat it will, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it deems shall deem appropriate at the time, it shall continue to make its own credit analysisanalyses, appraisals, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition, condition and creditworthiness of Borrower. Except for notices, reports and other documents expressly required pursuant to the Loan Documents to be furnished to Lenders by Agent hereunderto the Lenders, Agent shall not have no obligation any duty or liability responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition or creditworthiness of Borrower which may come into the possession of either of Agent or any of its officers, directors, employees, agents, attorneys-in-fact, fact or Affiliatesaffiliates.