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

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officer, director, employee, agent, attorney-in-fact or affiliate of any Agent has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects and creditworthiness of the Borrower and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrower. No Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects or creditworthiness of the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officer, director, employee, agent, attorney-in-fact or affiliate of any Agent has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents acknowledges to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects and creditworthiness of the 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 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 to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrower. No Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects or creditworthiness of the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither any Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, subsidiaries or affiliate of any Agent affiliates has made any representations or warranties to it and that no act by any Agent hereafter hereinafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects condition and creditworthiness of the Borrower and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the Borrower. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder or by the other Loan Documents, such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower which may come into the possession of such Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officerneither the Agents nor any of their respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, Subsidiaries or affiliate of any Agent 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 the BorrowerCredit Parties or any of their respective Subsidiaries, shall be deemed to constitute any representation or warranty by such any Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects condition and creditworthiness of the Borrower Credit Parties and their respective Subsidiaries and made its own decision to make its Loans and issue or participate in Letters of Credit hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerCredit Parties and their respective Subsidiaries. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder or by 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, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower any Credit Party or any of its Subsidiaries which may come into the possession of such the Administrative Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officer, director, employee, agent, attorney-in-fact or affiliate of any Agent has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the BorrowerLoan Parties, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents acknowledges to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects and creditworthiness of the Borrower Loan Parties 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 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 to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the BorrowerLoan Parties. No Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects or creditworthiness of the Borrower Loan Parties which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender -------------------------------------------- expressly acknowledges that no Agent or officer, director, employee, agent, attorney-in-fact or affiliate of any Agent has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects and creditworthiness of the Borrower and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrower. No Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects or creditworthiness of the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-in- fact or affiliate of any Agent affiliates has made any representations or warranties to it and that no act by any either Agent hereafter takenhereinafter, including any review of the affairs of the BorrowerParent Borrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents each Agent that it has, independently and without reliance upon any either Agent or any other Lender, and based on such documents and information as it has deemed appropriate, appropriate made its own appraisal evaluation of and investigation into the business, assets, operations, propertyProperty, financial and other condition, prospects condition and creditworthiness of each Credit Party and the Borrower value and Lien status of any collateral security and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any either 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 evaluations and decisions in taking or not taking action under this Agreementany Loan Document, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, propertyProperty, financial and other condition, prospects condition and creditworthiness of each Credit Party and the Borrowervalue and Lien status of any collateral security. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by either Agent hereunder, such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, propertyProperty, financial and other condition, prospects condition or creditworthiness of the Borrower any Credit Party which at any time may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, Subsidiaries or affiliate of any Agent Affiliates has made any representations or warranties to it and that no act by any an Agent hereafter taken, including any review of the affairs of the BorrowerBorrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by such the Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any Agent the Agents 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, property, financial and other condition, prospects condition and creditworthiness of the Borrower and its Subsidiaries and made its own decision to make its Loans and issue or participate in Letters of Credit hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any Agent the Agents 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerBorrower and its Subsidiaries. No Agent Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agents hereunder or by the other Loan Documents, the Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower or any of its Subsidiaries which may come into the possession of such Agent the Agents or any of its their respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither any Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, subsidiaries or affiliate of any Agent 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 the BorrowerBorrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects condition and creditworthiness of the Borrower and its Subsidiaries and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerBorrower and its Subsidiaries. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder or by the other Loan Documents, such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower or any of its Subsidiaries which may come into the possession of such Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither Agent or officernor any of such Agent's officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, Subsidiaries or affiliate of any Agent Affiliates has made any representations or warranties to it and that no act by any Agent hereafter hereinafter taken, including any review of the affairs of the BorrowerBorrowers or any of their Subsidiaries, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents each Agent that it has, independently and without reliance upon any 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, property, financial and other condition, prospects condition and creditworthiness of the Borrower Borrowers and their Subsidiaries and made its own decision to make its Loans and issue or participate in Letter of Credit hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerBorrowers and their Subsidiaries. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder or by the other Loan Documents, no Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower Borrowers or any of their Subsidiaries which may come into the possession of such any Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender Holder expressly acknowledges that no Agent or officernone of the Agents nor any of their respective officers, directordirectors, employeeemployees, agentagents, attorneyadvisors, attorneys-in-fact or affiliate of any Agent has affiliates have made any representations or warranties to it and that no act by any Agent the Agents hereafter taken, including any review of the affairs of the Borrowera Note Party or any of their Affiliates, shall be deemed to constitute any representation or warranty by such Agent the Agents to any LenderHolder. Each Lender Holder represents to the Agents that it has, independently and without reliance upon any Agent or any other LenderHolder, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the Borrower Note Parties and their Affiliates and made its own decision to make its Loans purchase the Notes hereunder and to enter into this Agreement. Each Lender Holder also represents that it will, independently and without reliance upon any Agent the Agents or any other LenderHolder, 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 AgreementAgreement and the other Notes Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerNote Parties and their Affiliates. No Agent The Agents shall not have any duty or responsibility to provide any Lender Holder with any notice, credit or other information concerning the business, operations, assets, property, condition (financial and other conditionor otherwise), prospects or creditworthiness of the Borrower which any Note Party or any of their Affiliates that may come into the possession of such Agent the Agents or any of its their officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender LENDER expressly acknowledges that no Agent or officerneither the ADMINISTRATIVE AGENT, directorthe COLLATERAL AGENT nor any of the respective officers, employeedirectors, agentemployees, attorneyagents, attorneys-in-fact fact, SUBSIDIARIES or affiliate AFFILIATES of any Agent the AGENTS has made any representations or warranties to it and that no act by any Agent hereafter the AGENTS hereinafter taken, including any review of the affairs of the BorrowerBORROWER or any of its SUBSIDIARIES, shall be deemed to constitute any representation or warranty by such Agent either AGENT to any LenderLENDER. Each Lender LENDER represents to the Agents AGENTS that it has, independently and without reliance upon any Agent the AGENTS or any other LenderLENDER, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the Borrower BORROWER and its SUBSIDIARIES and made its own decision to make its Loans LOANS and issue or participate in LETTER OF CREDIT hereunder and to enter into this AgreementAGREEMENT. Each Lender LENDER also represents that it will, independently and without reliance upon any Agent the AGENTS or any other LenderLENDER, 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 AgreementAGREEMENT and the other LOAN DOCUMENTS, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerBORROWER and its SUBSIDIARIES. No Agent Except for notices, reports and other documents expressly required to be furnished to the LENDERS by the AGENTS hereunder or by the other LOAN DOCUMENTS, neither AGENT shall have any duty or responsibility to provide any Lender LENDER with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower BORROWER or any of its SUBSIDIARIES which may come into the possession of such Agent that AGENT or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, SUBSIDIARIES or affiliatesAFFILIATES.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no none of the Administrative Agent, the Collateral Agent or officernor any of their respective officers, directordirectors, employeeemployees, agentagents, attorneyadvisors, attorneys-in-fact or affiliate of any Agent has affiliates have made any representations or warranties to it and that no act by any Agent the Agents hereafter taken, including any review of the affairs of the Borrowera Loan Party or any of their Affiliates, shall be deemed to constitute any representation or warranty by such Agent the Agents to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects condition and creditworthiness of the Borrower 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 that it will, independently and without reliance upon any Agent the Agents 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerLoan Parties and their Affiliates. No Agent Except for notices, reports and other documents expressly required to be furnished to the Lenders and Counterparties by the Agents hereunder, the Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial and other conditionor otherwise), prospects or creditworthiness of the Borrower which any Loan Party or any of their Affiliates that may come into the possession of such Agent the Agents or any of its their officers, directors, employees, agents, advisors, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact or affiliate of any Agent affiliates has made any representations or warranties to it and that no act by any Agent hereafter takenhereinafter, including any review of the affairs of the BorrowerParent Borrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents Agent that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, appropriate made its own appraisal evaluation of and investigation into the business, assets, operations, propertyProperty, financial and other condition, prospects condition and creditworthiness of each Credit Party and the Borrower value and Lien status of any collateral security and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 evaluations and decisions in taking or not taking action under this Agreementany Loan Document, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, propertyProperty, financial and other condition, prospects condition and creditworthiness of each Credit Party and the Borrowervalue and Lien status of any collateral security. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunder, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, propertyProperty, financial and other condition, prospects condition or creditworthiness of the Borrower any Credit Party which at any time may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates. Each Lender acknowledges that the Agent“s legal counsel in connection with the transactions contemplated by this Agreement is only acting as counsel to the Agent and is not acting as counsel to such Lender.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officerneither the Agents nor any of their respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact or affiliate of any Agent Affiliates has made any representations or warranties to it and that no act by any either Agent hereafter taken, including any review of the affairs of the BorrowerQuiksilver, any Subsidiary or any other Loan Party, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any Agent the Agents 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, property, financial and other condition, prospects condition and creditworthiness of Quiksilver, each Subsidiary and the Borrower other Loan Parties and made its own decision to make its Loans Loans, issue its Acceptances, and participate in Letters of Credit, hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any Agent the Agents 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of Quiksilver, its Subsidiaries and the Borrowerother Loan Parties. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by the applicable Administrative Agent hereunder, such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial and other conditionor otherwise), prospects or creditworthiness of the Borrower Quiksilver, any Subsidiary or any other Loan Party which may come into the possession of such Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no neither any Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, subsidiaries or affiliate of any Agent affiliates has made any representations or warranties to it and that no act by any Agent hereafter hereinafter taken, including any review of the affairs of the BorrowerBorrower or any of its Subsidiaries, shall be deemed to constitute any representation repre- sentation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects condition and creditworthiness credit- worthiness of the Borrower and its Subsidiaries and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerBorrower and its Subsidiaries. No Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder or by the other Loan Docu- ments, such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Borrower or any of its Subsidiaries which may come into the possession of such Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each -------------------------------------------- Lender expressly acknowledges that no Agent or officer, director, employee, agent, attorney-in-fact or affiliate of any Agent has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects and creditworthiness of the Borrower and made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrower. No Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects or creditworthiness of the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officer, director, employee, agent, attorney-in-fact or affiliate of any Agent has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents acknowledges to the Agents that it has, independently and without reliance upon any 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, property, financial and other condition, prospects and creditworthiness of the 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 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 to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrower. No Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects or creditworthiness of the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or affiliates.into

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officernor any of its respective officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact fact, Subsidiaries or affiliate of any Agent 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 the BorrowerCanadian Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by such any Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon any Agent the Agents 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, property, financial and other condition, prospects condition and creditworthiness of the Canadian Borrower and its Subsidiaries and made its own decision to make its Loans and issue or participate in Letters of Credit hereunder and to enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any Agent the Agents 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 AgreementAgreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the BorrowerCanadian Borrower and its Subsidiaries. No Agent Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agents hereunder or by the other Loan Documents, the Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, financial and other condition, prospects condition or creditworthiness of the Canadian Borrower or any of its Subsidiaries which may come into the possession of such any Agent or any of its respective officers, directors, employees, agents, attorneys-in-fact fact, Subsidiaries or affiliatesAffiliates.

Non-Reliance on the Agents and Other Lenders. Each Lender expressly acknowledges that no Agent or officernone of the Agents nor any of their officers, directordirectors, employeeemployees, agentagents, attorneyattorneys-in-fact or affiliate of any Agent 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 the BorrowerBorrower or any other Loan Party, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender further represents and warrants to the Agents that it hashas had the opportunity to review each document made available to it on the Platform in connection with this Agreement and has acknowledged and accepted the terms and conditions applicable to the recipients thereof. Each Lender represents to the Agents that, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, it has made and will make, its own appraisal of and investigation into the business, assets, operations, property, financial and other condition, prospects condition and creditworthiness of the Borrower and the other Loan Parties, it has made its own decision to make its Loans hereunder and to enter into this Agreement. Each Lender also represents that Agreement and it will, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to will make its own credit analysis, appraisals and decisions in taking or not taking any action under this Agreement and the other Loan Documents and, except as expressly provided in this Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrower. No no Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning with respect thereto, whether coming into its possession before the business, operations, assets, property, financial and other condition, prospects or creditworthiness making of the Borrower Loans or at any time or times thereafter. Each Lender represents to the Agents that (i) it is a bank, savings and loan association or other similar savings institution, insurance company, investment fund or company or other financial or investment institution which may come into makes or acquires commercial loans in the possession of such Agent or any ordinary course of its officersbusiness and that it is participating hereunder as a Lender for such commercial purposes and (ii) it has the knowledge and experience to be and is capable of evaluating the merits and risks of being a Lender hereunder. Each Lender acknowledges and agrees to comply with the provisions of Section 10.04(c) applicable to the Lenders hereunder. Each party to this Agreement acknowledges and agrees that the Agents may use an outside service provider for the tracking of all UCC financing statements required to be filed pursuant to the Loan Documents and notification to the Agents of, directorsamong other things, employeesthe upcoming lapse or expiration thereof, agents, attorneys-in-fact and that any such service provider will be deemed to be acting at the request and on behalf of the Borrowers and the other Loan Parties. No Agent shall be liable for any action taken or affiliatesnot taken by any such service provider.