Common use of Nonreliance on Administrative Agent and Other Banks Clause in Contracts

Nonreliance on Administrative Agent and Other Banks. Each Bank agrees that it has, independently and without reliance on the Administrative Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrowers and decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself (or any Bank) informed as to the performance or observance by the Borrowers of this Agreement or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrowers or any other Person. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Borrowers or any other Person (or any of their Affiliates) which may come into the possession of the Administrative Agent; provided, that the Administrative Agent shall make available to any Bank, upon its request, (i) copies of the Administrative Agent's records with respect to all sums received or expended by the Administrative Agent in connection with the Loans and the Loan Documents, (ii) information as to the amount of the then outstanding Loans, and (iii) copies of any documents pertaining to an Eligible Property requested by such Bank and held by the Administrative Agent pursuant to Section 5.24(b).

Appears in 3 contracts

Samples: Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Realty Limited Partnership), Credit Agreement (Gables Residential Trust)

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Nonreliance on Administrative Agent and Other Banks. Each Bank agrees --------------------------------------------------- that it has, independently and without reliance on the Administrative Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrowers Borrower and decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself (or any Bank) informed as to the performance or observance by the Borrowers Borrower of this Agreement or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrowers Borrower or any other Person. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Borrowers Borrower or any other Person (or any of their Affiliates) which may come into the possession of the Administrative Agent; provided, provided -------- that the Administrative Agent shall make available to any Bank, upon its such Bank's request, (ia) copies of the Administrative Agent's records with respect to all sums received or expended by the Administrative Agent in connection with the Loans Loan and the Loan Documents, and (iib) information as to the amount of the then outstanding Loans, and (iii) copies of any documents pertaining to an Eligible Property requested by such Bank and held by the Administrative Agent pursuant to Section 5.24(b)Loan.

Appears in 2 contracts

Samples: Syndicated Term Loan Agreement (Weeks Realty L P), Syndicated Term Loan Agreement (Weeks Corp)

Nonreliance on Administrative Agent and Other Banks. Each Bank agrees that it has, independently and without reliance on the Administrative Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrowers Borrower and decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself (or any Bank) informed as to the performance or observance by the Borrowers Borrower of this Agreement or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrowers Borrower or any other Person. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Borrowers Borrower or any other Person (or any of their Affiliates) which may come into the possession of the Administrative Agent; provided. Failure to Act . Except for action expressly required of the Administrative Agent hereunder or under the other Loan Documents, that the Administrative Agent shall make available in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction by the Banks of their indemnification obligations under Section 7.05 against any Bank, upon its request, (i) copies of the Administrative Agent's records with respect to and all sums received or expended liability and expense which may be incurred by the Administrative Agent in connection with the Loans and the Loan Documentsby reason of taking, (ii) information as continuing to the amount of the then outstanding Loanstake, and (iii) copies of or failing to take any documents pertaining to an Eligible Property requested by such Bank and held by the Administrative Agent pursuant to Section 5.24(b)action.

Appears in 1 contract

Samples: Five Year Credit Agreement (Mohawk Industries Inc)

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Nonreliance on Administrative Agent and Other Banks. Each Bank agrees that it has, independently and without reliance on the Administrative Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrowers Borrower and decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself (or any Bank) informed as to the performance or observance by the Borrowers Borrower of this Agreement or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrowers Borrower or any other Person. Except for notices, reports and other documents and information expressly required to be furnished to the Banks by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairs, financial condition or business of the Borrowers Borrower or any other Person (or any of their Affiliates) which may come into the possession of the Administrative Agent; provided, that the Administrative Agent shall make available to any Bank, upon its request, (i) copies of the Administrative Agent's records with respect to all sums received or expended by the Administrative Agent in connection with the Loans and the Loan Documents, (ii) information as to the amount of the then outstanding Loans, and (iii) copies of any documents pertaining to an Eligible Property requested by such Bank and held by the Administrative Agent pursuant to Section 5.24(b).

Appears in 1 contract

Samples: Credit Agreement (Gables Realty Limited Partnership)

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