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

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.

Appears in 2 contracts

Samples: Security Agreement (Cytomedix Inc), Security Agreement (Cytomedix Inc)

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Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent Agent, the Arranger nor any of its their respective officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or affiliates have Affiliates, has made any representations or warranties to it and that no act by the Collateral Agent Agent, or the Arranger hereinafter taken, including any review of the affairs of Debtor or any affiliate of Debtorthe Borrower, shall be deemed to constitute any representation or warranty by the Collateral Agent or the Arranger to any Lender. Each Lender represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or the Arranger 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 condition and creditworthiness of Debtor and its affiliates the Borrower and made its own decision to make its loans under its Promissory Note and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Collateral Agent Agent, the Arranger or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition, prospects condition and creditworthiness of Debtor the Borrower. Except for notices, reports and its affiliates. The other documents expressly required to be furnished to the Lenders by the Collateral Agent hereunder, neither the Collateral Agent nor the Arranger 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 the Borrower which may come into the possession of the Collateral Agent Agent, the Arranger or any of its their respective officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or affiliatesAffiliates.

Appears in 2 contracts

Samples: Loan Agreement (Wynn Resorts LTD), Loan Agreement (Wynn Las Vegas LLC)

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 Affiliates has 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 Debtorthe Borrower, 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 condition and creditworthiness of Debtor and its affiliates the Borrower and made its own decision to make its loans under its Promissory Note Loans hereunder 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 condition and creditworthiness of Debtor and its affiliatesthe Borrower. 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, financial and other condition (financial or otherwise), prospects or creditworthiness of Debtor or any affiliate of Debtor that the Borrower which 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 affiliatesAffiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Ithaca Industries Inc)

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 Affiliates has 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 DebtorLoan Party, 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 condition and creditworthiness of Debtor and its affiliates the Borrower and made its own decision to make its loans under its Promissory Note Loans hereunder 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 Agreement, the other Loan DocumentsDocuments and the Security Agreements, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition, prospects condition and creditworthiness of Debtor and its affiliatesthe Borrower. 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 Loan Party which may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-attorneys- in-fact or affiliatesAffiliates.

Appears in 1 contract

Samples: Subsidiaries Security Agreement (Standard Microsystems Corp)

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Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent Agent, the Arranger nor any of its their respective officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or affiliates have Affiliates, has made any representations or warranties to it and that no act by the Collateral Agent Agent, or the Arranger hereinafter taken, including any review of the affairs of Debtor or any affiliate of Debtorthe Borrower, shall be deemed to constitute any representation or warranty by the Collateral Agent or the Arranger to any Lender. Each Lender represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or the Arranger 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 condition and creditworthiness of Debtor and its affiliates the Borrower and made its own decision to make its loans under its Promissory Note and enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Collateral Agent Agent, the Arranger or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this 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, prospects condition and creditworthiness of Debtor the Borrower. Except for notices, reports and its affiliates. The other documents expressly required to be furnished to the Lenders by the Collateral Agent hereunder, neither the Collateral Agent nor the Arranger 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 the Borrower which may come into the possession of the Collateral Agent Agent, the Arranger or any of its their respective officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or affiliatesAffiliates.

Appears in 1 contract

Samples: Loan Agreement (Giant Industries Inc)

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 has made any representations or warranties to it such Lender and that no act by the Collateral Agent hereinafter taken, including any review of the affairs of Debtor or any affiliate of Debtorthe Corporation, 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 condition and creditworthiness credit-worthiness of Debtor and its affiliates the Corporation and made its own decision to make lend monies to the Corporation and acquire its loans under its Promissory Note and enter into this Agreementsuch agreements. 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 (or directing the Collateral Agent to take or not take) action under the Security Documents and this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition, prospects condition and creditworthiness of Debtor the Corporation. Except for notices, reports and its affiliates. The other documents expressly required to be furnished to the Lenders by the Collateral Agent hereunder, the Collateral Agent shall not have any duty or responsibility to provide any Lender the Lenders with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of Debtor or any affiliate of Debtor that the Corporation which 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.

Appears in 1 contract

Samples: Note Issuance Agreement (Advancis Pharmaceutical Corp)

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