Non-Reliance on Collateral Agent and Other Lenders. Each Lender acknowledges that it has, independently and without reliance upon the Collateral Agent or any other Lender or any of their respective Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and make Credit Extensions hereunder. Each Lender also acknowledges that it will, independently and without reliance upon the Collateral Agent or any other Lender or any of their respective Related Parties and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or any related agreement or any document furnished hereunder or thereunder.
Non-Reliance on Collateral Agent and Other Lenders. Each Lender acknowledges that it has, independently and without reliance upon Collateral Agent or any other Lender or any of their Affiliates and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon Collateral Agent or any other Lender or any of their Affiliates and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any other Loan Document or any related agreement or any document furnished hereunder or thereunder.
Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or affiliates have made any representations or warranties to it and that no act by the Collateral Agent hereinafter taken, including any review of the affairs of Debtor or any affiliate of Debtor, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Lender. Each Lender represents to the Collateral Agent that it has, independently and without reliance upon the Collateral 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, prospects and creditworthiness of Debtor and its affiliates and made its own decision to make its loans under its Promissory Note and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Collateral 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, prospects and creditworthiness of Debtor and its affiliates. The Collateral Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of Debtor or any affiliate of Debtor that may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or affiliates.
Non-Reliance on Collateral Agent and Other Lenders. Each Lender agrees that it has, independently and without reliance on the Collateral Agent or any other Lender, and based upon such documents and information as it has deemed appropriate, made its own credit analysis of the Company, the Company’s Subsidiaries and the Collateral, and its independent decision to enter into this Agreement and the Security Documents, and that it will, independently and without reliance upon the Collateral 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 analysis and decisions in taking or not taking action under this Agreement and the Security Documents. The Collateral Agent shall not be required to keep the Lenders informed as to the performance or observance by the Company or its Subsidiaries of the Note Purchase Agreement, the Credit Agreement, the Security Documents or any other document, instrument or agreement, referred to or provided for therein or to inspect the properties or books of the Company or any of its Subsidiaries. The Collateral Agent shall not have any duty, responsibility or liability to provide any Lender with any credit or other information, concerning the affairs, financial condition or business of the Company which may come into the possession of Collateral Agent; provided, however, the Collateral Agent shall send to the Lenders written notice of any Default, Event of Default, Acceleration or Bankruptcy Event of which the Collateral Agent (in its capacity as such) has knowledge or of which it has been given written notice, and all payments and repayments of amounts required hereunder to be paid to the Lenders received by the Collateral Agent under or in connection with the Security Documents or this Agreement; and the Collateral Agent shall provide each Lender with a schedule of all costs and expenses which the Collateral Agent has paid or proposes to pay from the proceeds of such payments or repayments as permitted hereunder. Collateral Agent and Affiliates. Bank of America, N.A. and any successor Collateral Agent, in its capacity as a Lender, shall have the same rights and powers under the Financing Documents and may exercise or refrain from exercising the same as though it were not the Collateral Agent hereunder, and such Lender and its affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, hedging or other business with or for any Lender, the Company or any of the ...
Non-Reliance on Collateral Agent and Other Lenders. Each Lender agrees that it has, independently and without reliance on the Collateral Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrowers, MIDCOM and the other Obligors and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Collateral 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 analysis and decisions in taking or not taking action under this Agreement. The Collateral Agent shall not be required to keep itself informed as to the performance or observance by the Borrowers, MIDCOM or the other Obligors of this Agreement or any other instrument, document or agreement referred to or provided for herein or to inspect the properties or books of the Borrowers, MIDCOM or the other Obligors. Except for notice, reports and other documents and information expressly required to be furnished to the Lenders by the Collateral Agent hereunder or under the Loan Documents, the Collateral Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Obligors (or any of their Affiliates) which may come into the possession of the Collateral Agent or any of its Affiliates.
Non-Reliance on Collateral Agent and Other Lenders. Each Lender acknowledges and agrees that the extensions of credit made hereunder are commercial loans and not investments in a business enterprise or securities. Each Lender further represents that it is engaged in making, acquiring or holding commercial loans in the ordinary course of its business and has, independently and without reliance upon the Collateral Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement as a Lender, and to make, acquire or hold Loans hereunder. Each Lender shall, independently and without reliance upon the Collateral Agent or any other Lender and based on such documents and information (which may contain material, non-public information within the meaning of the United States securities laws concerning the Borrower and its Affiliates) as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any related agreement or any document furnished hereunder or thereunder and in deciding whether or to the extent to which it will continue as a lender or assign or otherwise transfer its rights, interests and obligations hereunder.
Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither Collateral 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 Collateral Agent or hereafter taken, including, without limitation, any review of the affairs of any Loan Party, shall be deemed to constitute any representation or warranty by Collateral Agent. Each Lender represents and warrants to Collateral Agent that it has and will, independently and without reliance upon Collateral 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, prospects, financial and other conditions and creditworthiness of the Loan Parties and made its own decision to enter into this Agreement.
Non-Reliance on Collateral Agent and Other Lenders. Collateral Agent has no responsibility to make and has made no representation and has not furnished documents or information to support any credit analysis by Notes Trustee or Bond Trustee, and neither Notes Trustee nor Bond Trustee may claim reliance on Collateral Agent. Collateral Agent shall not be required to keep itself informed as to the performance or observance by any Person of any term or provision of any Credit Document or any other document referred to or provided for herein or therein or to inspect the properties or books of the Company. Collateral Agent shall not have any duty or responsibility to provide Notes Trustee or Bond Trustee with any credit or other information concerning the affairs, financial condition or business of the Company that may come into the possession of Collateral Agent.
Non-Reliance on Collateral Agent and Other Lenders. Each of the Revolver Agent (on behalf of itself and the Revolver Lenders) and the Term Loan Agent (on behalf of itself and the Term Loan Lenders) agrees that it has, independently and without reliance on Collateral Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of each Grantor and each other Grantor and has made its own decision to enter into the Term Loan Documents and the Revolver Loan Documents, respectively, and that it will, independently and without reliance upon Collateral Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under the Term Loan Documents and the Revolver Loan Documents, respectively. Except as expressly provided herein or in any Collateral Documents, Collateral Agent shall not be required to keep itself informed as to the performance or observance by any Grantor of any term or provision of this Agreement or any Collateral Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Grantor. Except as otherwise expressly provided for herein, Collateral Agent shall not have any duty or responsibility to provide any Secured Party with any credit or other information 14 concerning the affairs, financial condition or business of any Grantor that may come into the possession of Collateral Agent. 3.5
Non-Reliance on Collateral Agent and Other Lenders. Collateral Agent has no responsibility to make and has made no representation and has not furnished documents or information to support any credit analysis by any Creditor and no Creditor may claim reliance on Collateral Agent. Each Creditor agrees that it has, independently and without reliance on Collateral Agent or any other Creditor, and based on such documents and information as it has deemed appropriate, made its own credit analysis of each Debtor and has made its own decision to enter into its Agreements and that it will, independently and without reliance upon Collateral Agent or any other Creditor, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under its Agreements. Collateral Agent shall not be required to keep itself informed as to the performance or observance by any Debtor of any term or provision of this Intercreditor Agreement or any Security Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any Debtor. Collateral Agent shall not have any duty or responsibility to provide any Creditor with any credit or other information concerning the affairs, financial condition or business of any Debtor that may come into the possession of Collateral Agent.
