Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent, the Arranger 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 Collateral Agent, or the Arranger hereinafter taken, including any review of the affairs of the 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 and creditworthiness of the Borrower and made its own decision to enter into this Loan Agreement. Each Lender also represents that it will, independently and without reliance upon the Collateral 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 and creditworthiness of the Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Collateral Agent hereunder, neither the Collateral Agent nor the Arranger shall 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 the Borrower which may come into the possession of the Collateral Agent, the Arranger or any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Appears in 2 contracts
Samples: Loan Agreement (Wynn Las Vegas LLC), Loan Agreement (Wynn Resorts LTD)
Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent, the Arranger Agent nor any of their respective its officers, directors, employees, agents, 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 Collateral Agent, or the Arranger Agent hereinafter taken, including any review of the affairs of the BorrowerDebtor or any affiliate of Debtor, 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 condition, prospects and creditworthiness of the Borrower Debtor and its affiliates 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, the Arranger 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 Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition condition, prospects and creditworthiness of the BorrowerDebtor and its affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the 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 the Borrower which Debtor or any affiliate of Debtor that may come into the possession of the Collateral Agent, the Arranger Agent or any of their respective its officers, directors, employees, agents, attorneys and other advisors, partners, attorneys-in-fact or Affiliatesaffiliates.
Appears in 2 contracts
Samples: Security Agreement (Cytomedix Inc), Security Agreement (Cytomedix Inc)
Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent, the Arranger Agent nor any of their respective officers, directors, its employees, agents, attorneys-in-fact or Affiliates, affiliates has made any representations or warranties to it such Lender and that no act by the Collateral Agent, or the Arranger Agent hereinafter taken, including any review of the affairs of the BorrowerCorporation, 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 and creditworthiness credit-worthiness of the Borrower Corporation and made its own decision to lend monies to the Corporation and acquire its Note and enter into this Loan Agreementsuch agreements. Each Lender also represents that it will, independently and without reliance upon the Collateral Agent, the Arranger 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 Loan 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 and creditworthiness of the BorrowerCorporation. Except for notices, reports and 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 the Lenders with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of the Borrower Corporation which may come into the possession of the Collateral Agent, the Arranger Agent or any of their respective officers, directors, its employees, agents, attorneys-in-fact or Affiliatesaffiliates.
Appears in 1 contract
Samples: Note Issuance Agreement (Advancis Pharmaceutical Corp)
Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent, the Arranger 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 Collateral Agent, or the Arranger Agent hereinafter taken, including any review of the affairs of the Borrowerany Loan Party, 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 and creditworthiness of the Borrower 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 Collateral Agent, the Arranger 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 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 and creditworthiness of the Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the 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 the Borrower any Loan Party which may come into the possession of the Collateral Agent, the Arranger Agent or any of their respective its officers, directors, employees, agents, attorneys-attorneys- in-fact or Affiliates.
Appears in 1 contract
Non-Reliance on Collateral Agent and Other Lenders. Each Lender expressly acknowledges that neither the Collateral Agent, the Arranger 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 Collateral Agent, or the Arranger Agent hereinafter taken, including any review of the affairs of the 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 and creditworthiness of the Borrower 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 Collateral Agent, the Arranger 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 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. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the 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, financial and other condition (financial or otherwise), prospects or creditworthiness of the Borrower which may come into the possession of the Collateral Agent, the Arranger Agent or any of their respective its officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Appears in 1 contract
Samples: Loan and Security Agreement (Ithaca Industries Inc)