Common use of Nonreliance on Agents and Other Lenders Clause in Contracts

Nonreliance on Agents and Other Lenders. Each Lender expressly acknowledges that none of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation Agent hereinafter taken, including any review of the affairs of Holdings or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation Agent to any Lender. Each Lender represents to the Administrative Agent, the Collateral Agent, the Syndication Agent and the Documentation Agent that it has, independently and without reliance upon the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation 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 Holdings or its Subsidiaries 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, the Collateral Agent, the Syndication Agent, the Documentation 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 Holdings or its Subsidiaries. None of the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation 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 Holdings or its Subsidiaries which may come into the possession of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation Agent or any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates.

Nonreliance on Agents and Other Lenders. Each Lender expressly acknowledges that none of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation no Agent or any of its Affiliates nor any of their respective officers, directors, employees, agents, agents or attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation any Agent hereinafter taken, including any review of the affairs of Holdings the Parent, the Borrower, Essex or any of its their respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent, the Collateral Agent, the Syndication such Agent or the Documentation Agent any such other Person to any Lender. Each Lender represents to the Administrative Agent, the Collateral Agent, the Syndication Agent and the Documentation Agent Agents that it has, independently and without reliance upon the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation any Agent or any such other Person 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 Holdings or its the Parent, the Borrower, Essex and their respective Subsidiaries 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, the Collateral Agent, the Syndication Agent, the Documentation any Agent or any such other Person 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 Holdings or its the Parent, the Borrower, Essex and their respective Subsidiaries. None of the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation 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 Holdings the Borrower, Essex or its any of their respective Subsidiaries which may come into the possession of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation any Agent or any of its Affiliates or any of their respective officers, directors, employees, agents, agents or attorneys-in-fact or affiliatesfact.

Nonreliance on Agents and Other Lenders. Each Lender expressly acknowledges that none of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation Agent any Lead Arranger or any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation Agent any Lead Arranger hereinafter taken, including any review of the affairs of Holdings any Credit Party or any of its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation Agent such Lead Arranger to any Lender. Each Lender represents to the Administrative Agent, the Collateral Agent, the Syndication Agent and the Documentation Agent each Lead Arranger that it has, independently and without reliance upon the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation Agent any Lead Arranger or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, assets, operations, property, financial and other condition, prospects and creditworthiness of Holdings or each Credit Party and its Subsidiaries 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, the Collateral Agent, the Syndication Agent, the Documentation Agent any Lead Arranger or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this 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 Holdings or each Credit Party and its Subsidiaries. None of the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation Agent any Lead Arranger 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 Holdings any Credit Party or any of its Subsidiaries which may come into the possession of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation Agent or such Lead Arranger or any of their respective officers, directors, employees, agents, attorneys-in-fact or affiliates.

Nonreliance on Agents and Other Lenders. Each Lender expressly acknowledges that none of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation no Agent or any of its Affiliates nor any of their respective officers, directors, employees, agents, agents or attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation any Agent hereinafter taken, including any review of the affairs of Holdings the Parent, the Borrower, Essex or any of its their respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent, the Collateral Agent, the Syndication such Agent or the Documentation Agent any such other Person to any Lender. Each Lender represents to the Administrative Agent, the Collateral Agent, the Syndication Agent and the Documentation Agent Agents that it has, independently and without reliance upon the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation any Agent or any such other Person 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 Holdings or its the Parent, the Borrower, Essex and their respective Subsidiaries 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, the Collateral Agent, the Syndication Agent, the Documentation any Agent or any such other Person 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, operationsop- erations, property, financial and other condition, prospects and creditworthiness of Holdings or its the Parent, the Borrower, Essex and their respective Subsidiaries. None of the Administrative Agent, the Collateral Agent, the Syndication Agent or the Documentation 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 Holdings the Borrower, Essex or its any of their respective Subsidiaries which may come into the possession of the Administrative Agent, the Collateral Agent, the Syndication Agent, the Documentation any Agent or any of its Affiliates or any of their respective officers, directors, employees, agents, agents or attorneys-in-fact or affiliatesfact.