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).

Nonreliance on Administrative Agent and Other Banks. Each Bank agrees --------------------------------------------------- expressly acknowledges that the Administrative Agent nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Borrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance on upon the Administrative Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis appraisal of and investigation into the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrowers Borrower and its Subsidiaries and made its own decision to make its Loans hereunder and enter into this Agreement and Agreement. Each Bank also represents 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 credit analysis, appraisals 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 Agreement, and to keep make such investigation as it deems necessary to inform itself (or any Bank) informed as to the performance or observance by the Borrowers of this Agreement or any business, assets, operations, property, financial and other condition, prospects and creditworthiness 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 PersonBorrower and its Subsidiaries. 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 The Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairsbusiness, operations, assets, property, financial condition and other condition, prospects or business creditworthiness of the Borrowers or any other Person (Borrower or any of their Affiliates) its Subsidiaries which may come into the possession of the Administrative Agent; providedAgent or any of its officers, that the Administrative Agent shall make available to any Bankdirectors, upon its requestemployees, (i) copies of the Administrative Agent's records with respect to all sums received agents, attorneys-in-fact 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)affiliates.

Nonreliance on Administrative Agent and Other Banks. Each Bank agrees expressly acknowledges that neither the Administrative Agent nor any of its respective officers, directors, employees, agents, attorneys-in-fact or affiliates have made any representations or warranties to it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Borrower or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance on upon the Administrative Agent or any other Bank, and based on such documents and information as it has deemed appropriate, made its own credit analysis appraisal of and investigation into the business, assets, operations, property, financial and other condition, prospects and creditworthiness of the Borrowers Borrower and its Subsidiaries and made its own decision to make its Loans hereunder and enter into this Agreement and Agreement. Each Bank also represents 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 credit analysis, appraisals 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 Agreement, and to keep make such investigation as it deems necessary to inform itself (or any Bank) informed as to the performance or observance by the Borrowers of this Agreement or any business, assets, operations, property, financial and other condition, prospects and creditworthiness 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 PersonBorrower and its Subsidiaries. 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 The Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the affairsbusiness, operations, assets, property, financial condition and other condition, prospects or business creditworthiness of the Borrowers or any other Person (Borrower or any of their Affiliates) its Subsidiaries which may come into the possession of the Administrative Agent; providedAgent or any of its officers, that the Administrative Agent shall make available to any Bankdirectors, upon its requestemployees, (i) copies of the Administrative Agent's records with respect to all sums received agents, attorneys-in-fact 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)affiliates.

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.

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.

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).