Common use of Non-Reliance on Agents and Other Purchasers Clause in Contracts

Non-Reliance on Agents and Other Purchasers. Each Purchaser expressly acknowledges that no Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer or the Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchaser. Each Purchaser represents to each Agent that it has, independently and without reliance upon any Agent or any other Purchaser, 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser also represents that it will, independently and without reliance upon any Agent or any other Purchaser, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Related 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables. Except for notices, reports and other documents received under Section 5 hereof, no Agent shall have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee and the Receivables which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Note Purchase Agreement (Americredit Corp)

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Non-Reliance on Agents and Other Purchasers. Each Purchaser of the ------------------------------------------- Purchasers expressly acknowledges that no Agent Agent, nor any of its such Agent's officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including including, without limitation, any review of the affairs of AFCthe Seller Parties, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer or the Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchasersuch Agent. Each Purchaser of the Purchasers also represents and warrants to each Agent the Agents and the other Purchasers that it has, independently and without reliance upon any Agent such Person (or any other Purchaser, of their Affiliates) 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables Seller Parties and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser of the Purchasers also represents that it will, independently and without reliance upon any Agent or any other Liquidity Bank or Purchaser, 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 any of the Related Documentsthis Agreement, 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 AFCthe Seller Parties. None of the Agents or the Purchasers, the Sellersnor any of their respective Affiliates, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables. Except for notices, reports and other documents received under Section 5 hereof, no Agent shall have any duty or responsibility to provide any Purchaser party to this Agreement with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee and the Receivables Seller Parties which may come into the possession of such Agent Person or any of its respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates, except that each of the Co-Agents shall promptly distribute to its related Conduit (and, as applicable, its Liquidity Banks), copies of financial and other information expressly provided to such Co-Agent by either of the Seller Parties pursuant to this Agreement for distribution to the Agents and/or Purchasers.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Owens & Minor Inc/Va/)

Non-Reliance on Agents and Other Purchasers. Each Purchaser expressly acknowledges that no neither the Collateral Agent nor any of 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 any the Collateral Agent hereafter taken, including any review of the affairs of AFCthe Company, the SellersGuarantors or any of their respective affiliates, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer or the Trustee shall be deemed to constitute any representation or warranty by any the Collateral Agent to any Purchaser. Each Purchaser represents to each the Collateral Agent that it has, independently and without reliance upon any the Collateral Agent or any other Purchaser, 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, Company and the Receivables Guarantors and their respective affiliates and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser also represents that it will, independently and without reliance upon any the Collateral Agent or any other Purchaser, 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 any of this Agreement and the Related other Transaction 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 AFCthe Company, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, Guarantors and the Receivablestheir respective affiliates. Except for notices, reports and other documents received under Section 5 hereofexpressly required to be furnished to the Purchasers by the Collateral Agent hereunder, no the Collateral Agent shall not have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness credit worthiness of AFCthe Company, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee and the Receivables which Guarantors or any of their respective affiliates that may come into the possession of such the Collateral Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Securities Purchase Agreement (Medicor LTD)

Non-Reliance on Agents and Other Purchasers. Each Purchaser of the Purchasers expressly acknowledges that no Agent Agent, nor any of its such Agent's officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including including, without limitation, any review of the affairs of AFCthe Seller Parties, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer or the Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchasersuch Agent. Each Purchaser of the Purchasers also represents and warrants to each Agent the Agents and the other Purchasers that it has, independently and without reliance upon any Agent such Person (or any other Purchaser, of their Affiliates) 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables Seller Parties and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser of the Purchasers also represents that it will, independently and without reliance upon any Agent or any other Liquidity Bank or Purchaser, 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 any of the Related Documentsthis Agreement, 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 AFCthe Seller Parties. None of the Agents or the Purchasers, the Sellersnor any of their respective Affiliates, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables. Except for notices, reports and other documents received under Section 5 hereof, no Agent shall have any duty or responsibility to provide any Purchaser party to this Agreement with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee and the Receivables Seller Parties which may come into the possession of such Agent Person or any of its respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates, except that each of the Co-Agents shall promptly distribute to its related Conduit (and, as applicable, its Liquidity Banks), copies of financial and other information expressly provided to such Co-Agent by either of the Seller Parties pursuant to this Agreement for distribution to the Agents and/or Purchasers.

Appears in 1 contract

Samples: Receivables Purchase Agreement (RPM Inc/Oh/)

Non-Reliance on Agents and Other Purchasers. Each Purchaser expressly acknowledges that no Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of AFC, the SellersBorrower, the Issuer, AmeriCreditFinanciaLinx, the Servicer, the Administrative AgentAgents, any Backup Servicer, the Trust Collateral Agent, the Backup Servicer Performance Guarantor or the Indenture Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchaser. Each Purchaser represents to each Agent that it has, independently and without reliance upon any Agent or any other Purchaser, 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 AFC, the SellersBorrower, the Issuer, AmeriCreditFinanciaLinx, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the any Backup Servicer, the Performance Guarantor, the Indenture Trustee, the 2011-A Lease Agreements and the Receivables 2011-A Leased Vehicles and made its own decision to purchase its interest in the 2011-A Trust Notes hereunder, make advances hereunder and enter into this Agreement. Each Purchaser also represents that it will, independently and without reliance upon any Agent or any other Purchaser, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Related 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 AFC, the SellersBorrower, the Issuer, AmeriCreditFinanciaLinx, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the any Backup Servicer, the Performance Guarantor, the Indenture Trustee, the 2011-A Lease Agreements and the Receivables2011-A Leased Vehicles. Except for notices, reports and other documents received under Section 5 hereof, no Agent shall have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of AFC, the SellersBorrower, the Issuer, AmeriCreditFinanciaLinx, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the any Backup Servicer, the Trustee Performance Guarantor, the Indenture Trustee, the 2011-A Lease Agreements and the Receivables 2011-A Leased Vehicles which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Note Purchase Agreement (General Motors Financial Company, Inc.)

Non-Reliance on Agents and Other Purchasers. Each Purchaser expressly acknowledges that no Purchaser Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by any Purchaser Agent hereafter taken, including any review of the affairs of AFCAWC, the SellersDepositor, the Receivables Seller, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Master Servicer or the Indenture Trustee shall be deemed to constitute any representation or warranty by any Purchaser Agent to any Purchaser. Each Purchaser represents to each Purchaser Agent that it has, independently and without reliance upon any Purchaser Agent or any other Purchaser, 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 AFCAWC, the SellersDepositor, the Receivables Seller, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Master Servicer, the Indenture Trustee, and the Receivables and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser also represents that it will, independently and without reliance upon any Purchaser Agent or any other Purchaser, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Related 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 AFCAWC, the SellersDepositor, the Receivables Seller, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Master Servicer, the Indenture Trustee, and the Receivables. Except for notices, reports and other documents received under Section 5 hereof, no Purchaser Agent shall have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of AFCAWC, the SellersDepositor, the Receivables Seller, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Master Servicer, the Trustee Indenture Trustee, and the Receivables which may come into the possession of such Purchaser Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Note Purchase Agreement (Americredit Corp)

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Non-Reliance on Agents and Other Purchasers. Each Purchaser expressly acknowledges that no Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of AFC, the SellersSeller, the Issuer, AmeriCredit, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the Backup Servicer or the Indenture Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchaser. Each Purchaser represents to each Agent that it has, independently and without reliance upon any Agent or any other Purchaser, 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 AFC, the SellersSeller, the Issuer, AmeriCredit, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the Backup Servicer, the Indenture Trustee, the 2011-A Lease Agreements and the Receivables 2011-A Leased Vehicles and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser also represents that it will, independently and without reliance upon any Agent or any other Purchaser, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis, appraisals and decisions in taking or not taking action under any of the Related 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 AFC, the SellersSeller, the Issuer, AmeriCredit, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the Backup Servicer, the Indenture Trustee, the 2011-A Lease Agreements and the Receivables2011-A Leased Vehicles. Except for notices, reports and other documents received under Section 5 hereof, no Agent shall have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of AFC, the SellersSeller, the Issuer, AmeriCredit, the Servicer, the Administrative AgentAgents, the Trust Collateral Agent, the Backup Servicer, the Trustee Indenture Trustee, the 2011-A Lease Agreements and the Receivables 2011-A Leased Vehicles which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Note Purchase Agreement (General Motors Financial Company, Inc.)

Non-Reliance on Agents and Other Purchasers. Each Purchaser of the Purchasers expressly acknowledges that no Agent Agent, nor any of its such Agent’s officers, directors, employees, agents, attorneys-in-fact or Affiliates affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including including, without limitation, any review of the affairs of AFCthe Seller Parties, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer or the Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchasersuch Agent. Each Purchaser of the Purchasers also represents and warrants to each Agent the Agents and the other Purchasers that it has, independently and without reliance upon any Agent such Person (or any other Purchaser, of their Affiliates) 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables Seller Parties and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser of the Purchasers also represents that it will, independently and without reliance upon any Agent or any other Committed Purchaser or Purchaser, 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 any of the Related Documentsthis Agreement, 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 AFCthe Seller Parties. None of the Agents or the Purchasers, the Sellersnor any of their respective Affiliates, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, and the Receivables. Except for notices, reports and other documents received under Section 5 hereof, no Agent shall have any duty or responsibility to provide any Purchaser party to this Agreement with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee and the Receivables Seller Parties which may come into the possession of such Agent Person or any of its respective officers, directors, employees, agents, attorneys-in-fact or Affiliatesaffiliates, except that each of the Co-Agents shall promptly distribute to its related Conduit (and, as applicable, its Committed Purchasers), copies of financial and other information expressly provided to such Co-Agent by either of the Seller Parties pursuant to this Agreement for distribution to the Agents and/or Purchasers.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Caremark Rx Inc)

Non-Reliance on Agents and Other Purchasers. Each Purchaser expressly acknowledges that no Agent neither the Agents nor any of its their respective officers, directors, employees, agents, advisors, attorneys-in-fact or Affiliates has affiliates have made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of AFC, the Sellers, Issuer or any affiliate of the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer or the Trustee shall be deemed to constitute any representation or warranty by any Agent to any Purchaser. Each Purchaser represents to each Agent the Agents that it has, independently and without reliance upon any Agent or any other Purchaser, 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, Issuer and the Receivables its affiliates and made its own decision to purchase its interest in the Notes hereunder and enter into this Agreement. Each Purchaser also represents that it will, independently and without reliance upon any Agent or any other Purchaser, 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 any of this Agreement and the Related other Note 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 AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee, Issuer and the Receivablesits affiliates. Except for notices, reports and other documents received under Section 5 hereofexpressly required to be furnished to the Purchasers by any Agent hereunder, no Agent shall have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of AFC, the Sellers, the Issuer, AmeriCredit, the Servicer, the Administrative Agent, the Trust Collateral Agent, the Backup Servicer, the Trustee and the Receivables which Issuer or any affiliate that may come into the possession of such Agent or any of its officers, directors, employees, agents, advisors, attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Note Purchase Agreement (Alternative Investment Partners Absolute Return Fund)

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