Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that the Administrative Agent and its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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 and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 the applicable 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 Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative 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 any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 3 contracts
Samples: Mezzanine Credit Agreement (Booz Allen Hamilton Holding Corp), Mezzanine Credit Agreement (Booz Allen Hamilton Holding Corp), Mezzanine Credit Agreement (Booz Allen Hamilton Holding Corp)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-attorneys in fact or affiliates have not has made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party Group Member or any affiliate of a Loan PartyGroup Member, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Group Members and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Group Members and their affiliatesAffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party Group Member or any affiliate Affiliate of a Loan Party Group Member that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-attorneys in fact or affiliates.
Appears in 2 contracts
Samples: Credit Agreement (DFC Global Corp.), Credit Agreement (Dollar Financial Corp)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Credit Party or any affiliate of a Loan Credit Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Credit Parties and their affiliates and made its own decision to make its Loans Extension of Credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable Loan other Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Credit Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Credit Party or any affiliate of a Loan Credit Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 2 contracts
Samples: Letter of Credit and Security Agreement (Agl Resources Inc), Letter of Credit and Security Agreement (Agl Resources Inc)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative any Agent hereafter hereinafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 2 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-attorneys in fact or affiliates have not has made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party Group Member or any affiliate of a Loan PartyGroup Member, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Group Members and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Group Members and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party Group Member or any affiliate of a Loan Party Group Member that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-attorneys in fact or affiliates.
Appears in 2 contracts
Samples: Credit Agreement (United Online Inc), Credit Agreement (United Online Inc)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 2 contracts
Samples: Credit Agreement (General Growth Properties Inc), Credit Agreement (Price T Rowe Associates Inc /Md/)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Revolving Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Samples: Credit Agreement (Take Two Interactive Software Inc)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and its nor any of their respective officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates Affiliates have not made any representations or warranties to it and that no act by the Administrative any Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate Affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative any Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into into, the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates Affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative any 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliatesAffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate Affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, advisors, attorneys-in-fact or affiliatesAffiliates.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Foundation Building Materials, Inc.)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Samples: Credit Agreement (Ifco Systems Nv)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Samples: Credit Agreement (Specrite Brake Co)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party Group Member or any affiliate of a Loan PartyGroup Member, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Group Members and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Group Members and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party Group Member or any affiliate of a Loan Party Group Member that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Samples: Credit Agreement (Sunpower Corp)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and its nor any of their respective officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates Affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate Affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into into, the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates Affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative any 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliatesAffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate Affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, advisors, attorneys-in-fact or affiliatesAffiliates.
Appears in 1 contract
Samples: Abl Credit Agreement (Foundation Building Materials, Inc.)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that none of the Administrative Agent and its respective officersor officer, directorsdirector, employeesemployee, agentsagent, attorneysattorney-in-fact or affiliates have not affiliate of the Administrative Agent has made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Partythe Borrower, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents acknowledges to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into into, the business, assets, operations, Propertyproperty, financial and other condition condition, prospects and creditworthiness of the Loan Parties and their affiliates Borrower and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents acknowledges that it will, independently and without reliance upon the Administrative 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 the applicable Loan Documentsthis Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, Propertyproperty, financial and other condition condition, prospects and creditworthiness of the Loan Parties and their affiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the The Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyassets, condition (property, financial or otherwise)and other condition, prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that the Borrower which may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Samples: Term Loan Credit Agreement (PPL Electric Utilities Corp)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates Affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate Affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into into, the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates Affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliatesAffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate Affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, advisors, attorneys-in-fact or affiliatesAffiliates.
Appears in 1 contract
Samples: Senior Lien Term Loan Credit Agreement (Forterra, Inc.)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender of the Lenders expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliates have not Affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including any review of the affairs of a Loan Party the Borrower or any affiliate of a Loan Partyits Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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 and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also Lenders, represents that it willhas made and will continue to make, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties Borrower and their affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, financial and other condition (financial or otherwise), prospects or creditworthiness of any Loan Party the Borrower or any affiliate of a Loan Party that its Subsidiaries which may come into its possession or the possession of the Administrative Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.
Appears in 1 contract
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its portion of the Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Samples: Credit Agreement (Zila Inc)
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 104 99 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that which may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including any review of the affairs of a Loan Party or any affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate of a Loan Party that which may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that none of the Administrative Agent and its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have not has made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a the Loan Party or any affiliate of a Loan PartyParties, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents acknowledges to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, assets, operations, Propertyproperty, financial and other condition condition, prospects and creditworthiness of the Loan Parties and their affiliates and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents acknowledges that it will, independently and without reliance upon the Administrative 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 the applicable Loan Documentsthis Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, Propertyproperty, financial and other condition condition, prospects and creditworthiness of the Loan Parties and their affiliatesParties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the The Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyassets, condition (property, financial or otherwise)and other condition, prospects or creditworthiness of any the Loan Party or any affiliate of a Loan Party that Parties which may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.
Appears in 1 contract
Non-Reliance on the Administrative Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent and its nor any of their respective officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates Affiliates have not made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Loan Party or any affiliate Affiliate of a Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative 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, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliates Affiliates and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon the Administrative 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 applicable other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, Propertyproperty, financial and other condition and creditworthiness of the Loan Parties and their affiliatesAffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, Propertyproperty, condition (financial or otherwise), prospects or creditworthiness of any Loan Party or any affiliate Affiliate of a Loan Party that may come into its possession or the possession of the Administrative Agent or any of its officers, directors, employees, agents, advisors, attorneys-in-fact or affiliatesAffiliates.
Appears in 1 contract