Own responsibility. Without affecting the responsibility of any Debtor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to: (a) the financial condition, status and nature of each member of the Group; (b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property; (c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property; (d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and (e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 7 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Paysafe LTD), Commitment Letter
Own responsibility. Without affecting the responsibility of any Debtor Transaction Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 6 contracts
Samples: Term and Accordion Facilities Agreement (Ardmore Shipping Corp), Term Loan Facility (Ardmore Shipping Corp), Term Loan Facility (Star Bulk Carriers Corp.)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 6 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)
Own responsibility. Without affecting the responsibility of any Debtor or Security Provider for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party Creditor confirms (and each Noteholder Trustee and Noteholder, by accepting the benefits of this Agreement, shall be deemed to confirm) to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to:
(a) the financial condition, status and nature of each member of the GroupDebtor or Security Provider;
(b) the legality, validity, effectiveness, efficacy, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(c) whether that Secured Party Creditor has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party Creditor warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 4 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security and Intercreditor Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(aA) the financial condition, status and nature of each member of the GroupObligor;
(bB) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Secured Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Secured Property;
(cC) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Secured Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Secured Property;
(dD) the adequacy, accuracy and/or completeness of any information provided by the Security and Intercreditor Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(eE) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security and Intercreditor Agent that it has not relied on and will not at any time rely on the Security and Intercreditor Agent in respect of any of these matters.
Appears in 4 contracts
Samples: Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Intercreditor and Security Sharing Agreement (Kosmos Energy Ltd.)
Own responsibility. Without affecting the responsibility of any Debtor or any Security Grantor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to:
(a) the financial condition, status and nature of each Debtor, each member of the GroupGroup and each Security Grantor;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 3 contracts
Samples: Additional Facility S Accession Deed (Liberty Global PLC), Additional Facility R Accession Deed (Liberty Global PLC), Senior Facilities Agreement (Liberty Global PLC)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(aA) the financial condition, status and nature of each member of the GroupObligor;
(bB) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Secured Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Secured Property;
(cC) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Secured Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Secured Property;
(dD) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(eE) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.), Multicurrency Revolving Letter of Credit Facility Agreement (Kosmos Energy Ltd.)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Creditor Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(c) whether that Secured Creditor Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security Interests created by the Finance Documents or the existence of any Security Interest affecting the Charged Property, and each Secured Creditor Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 2 contracts
Samples: Loan Agreement (Prestige Cruises International, Inc.), Loan Agreement (Seven Seas Cruises S. DE R.L.)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.), Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, creditworthiness, affairs, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Trust Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Trust Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Trust Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Trust Property;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Document the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Trust Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Trust Property, and each Secured Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 2 contracts
Samples: Intercreditor Deed (Fx Energy Inc), Intercreditor Deed (Fx Energy Inc)
Own responsibility. Without affecting the responsibility of any Debtor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to:to (and the Security Agent and its officers, directors, employees and agents shall have no responsibility to make any investigation in relation thereto):
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 2 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Own responsibility. Without affecting the responsibility of any Debtor the Borrower for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) 29.11.1 the financial condition, status and nature of each member of the GroupBorrower;
(b) 29.11.2 the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, Finance Document and the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(c) 29.11.3 whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(d) 29.11.4 the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) 29.11.5 the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 2 contracts
Samples: Borrowing Base Facility Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Finance Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property Collateral and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyCollateral;
(c) whether that Secured Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyCollateral, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyCollateral;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security or the existence or the priority of any Security affecting the Charged Property, Collateral; and each Secured Finance Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Own responsibility. Without affecting the responsibility of any Debtor Transaction Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the GroupTransaction Obligor;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Samples: Term Loan Facility (DryShips Inc.)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(aA) the financial condition, status and nature of each member of the GroupObligor;
(bB) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(cC) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(dD) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(eE) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Own responsibility. Without affecting the responsibility of any Debtor for information supplied It is understood and agreed by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it at all times such Secured Party has itself been, and will continue to be, solely responsible for making its own independent appraisal of, and investigation of into, all risks arising under or in connection with any Debt Document the Finance Documents including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the GroupObligors;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, each of the Finance Documents and the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document the Finance Documents or the Security PropertyTransaction Security;
(c) whether that such Secured Party has recourse, and the nature and extent of that recourse, against any Party Obligor or any other person or any of its their respective assets under or in connection with any Debt Document, the Security PropertyFinance Documents, the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under to or in connection with the Finance Documents;
(d) the adequacy, accuracy and/or completeness of any information provided by any person in connection with the Debt Finance Documents, the transactions contemplated in the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt DocumentFinance Documents; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security security interest affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Own responsibility. (a) Without affecting the responsibility of any Debtor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document Document, including but not limited to:
: (ai) the financial condition, status and nature of each member of the Group;
; (bii) the legality, validity, effectiveness, adequacy and and/or enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
; (ciii) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
; (div) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
and (ev) the right or title of any person in or to, or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertyCollateral, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
(b) Nothing in this Agreement shall oblige the Security Agent to carry out: (i) any “know your customer” or other checks in relation to any person; or (ii) any check on the extent to which any transaction contemplated by this Agreement might be unlawful for any Primary Creditor, on behalf of any Primary Creditor, and each Primary Creditor confirms to the Security Agent that it is solely responsible for any such checks it is required to carry out and that it may not rely on any statement in relation to such checks made by the Security Agent.
Appears in 1 contract
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Trust Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Trust Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Trust Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Trust Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Document the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the GroupObligor;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 1 contract
Own responsibility. 4.7.1 Without affecting prejudice to the responsibility liability of any Debtor the Issuer for information supplied by it or on its behalf of the Issuer in connection with any Debt Documentof the Debenture Documents, each Secured Finance Party confirms and acknowledges to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited toDebenture Documents including:
(a) the financial condition, status and nature of each member of the GroupIssuer, Issuer's shareholders or Sponsor;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property Debenture Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Debenture Document or the Security PropertySecured Assets;
(c) whether that Secured Party it has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security PropertyFinancing Documents, the transactions contemplated by the Debt Financing Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Debenture Document or the Security PropertySecured Assets;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Debenture Document, the transactions contemplated by any Debt Debenture Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Debenture Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertySecured Assets, and each Secured Finance Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on secure to bring any claim against the Security Agent Trustee in respect of any of these mattersmatters referred to in paragraphs (i) to (v) (inclusive).
Appears in 1 contract
Samples: Inter Creditor Agreement
Own responsibility. Without affecting the responsibility of any Debtor the Borrower for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) 30.11.1 the financial condition, status and nature of each member of the Group;
(b) 30.11.2 the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, Finance Document and the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(c) 30.11.3 whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(d) 30.11.4 the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) 30.11.5 the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 1 contract
Own responsibility. Without affecting the responsibility of any Debtor for information supplied It is understood and agreed by it or on its behalf in connection with any Debt Document, each Secured Finance Party confirms to the Security Agent that it at all times that Finance Party has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigation of into all risks arising under or in connection with any Debt Document the Finance Documents or Other Security including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member the Borrower, the Sponsor Guarantors or any grantor of the GroupOther Security;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, each of the Finance Documents and Other Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document the Finance Documents or the Security PropertyOther Security;
(c) whether that Secured Finance Party has recourse, and the nature and extent of that recourse, against the Borrower, the Sponsor Guarantors or any Party grantor of Other Security or any other person or any of its their respective assets under or in connection with any Debt Document, the Security PropertyFinance Documents or Other Security, the transactions contemplated in the Finance Documents or Other Security or any other agreement, arrangement or document entered into, made or executed in anticipation of, under to or in connection with the Finance Documents or Other Security; and
(d) the adequacy, accuracy and/or completeness of any information provided by any person in connection with the Debt Finance Documents or Other Security, the transactions contemplated in the Finance Documents or Other Security or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document the Finance Documents or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertyOther Security, and each Secured Finance Party warrants to the Security Agent Trustee and the Account Bank that it has not relied on and will not at any time rely on the Security Agent Trustee or the Account Bank in respect of any of these matters.
Appears in 1 contract
Samples: Facility Agreement (Melco PBL Entertainment (Macau) LTD)
Own responsibility. Without affecting the responsibility of any Debtor or Security Provider for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party Creditor confirms (and each Noteholder Trustee and Noteholder, by accepting the benefits of this Agreement, shall be deemed to confirm) to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to:
(a) the financial condition, status and nature of each member of the GroupDebtor or Security Provider;
(b) the legality, validity, effectiveness, efficacy, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;; 169836-4-16896-v10.0 - 55 - 66-40580427
(c) whether that Secured Party Creditor has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party Creditor warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Finance Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, Finance Document and the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with with, any Debt Finance Document or the Security PropertyTransaction Security;
(c) whether that Secured Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with with, any Debt Finance Document or the Security PropertyTransaction Security;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Document the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with with, any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Samples: £110,000,000 Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Finance Document, the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security PropertyTransaction Security;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Samples: Senior Term and Revolving Facilities Agreement (Melrose PLC)
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) 25.12.1 the financial condition, status and nature of each member of the Group;
(b) 25.12.2 the legality, validity, effectiveness, adequacy and or enforceability of any Debt Finance Document, the Security Charged Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Charged Property;
(c) 25.12.3 whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security Charged Property, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document or the Security Charged Property;
(d) 25.12.4 the adequacy, accuracy and/or or completeness of any information provided by the Security Agent Agent, any Party or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Finance Document; and
(e) 25.12.5 the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Samples: Term Loan and Multicurrency Revolving Facilities Agreement (AVG Technologies N.V.)
Own responsibility. Without affecting the responsibility of any Debtor for information supplied It is understood and agreed by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it at all times that Secured Party has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigation of into all risks arising under or in connection with any Debt Document the Loan Documents including but not limited to:
(a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the GroupUK Obligors;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, each of the Loan Documents and the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under pursuant to or in connection with any Debt Document the Loan Documents or the Security PropertyTransaction Security;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party UK Obligor or any other person or any of its their respective assets under or in connection with any Debt Document, the Security PropertyLoan Documents, the transactions contemplated by in the Debt Loan Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under pursuant to or in connection with any Debt Document or the Security PropertyLoan Documents;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent or by any other person under or in connection with any Debt Documentthe Loan Documents, the transactions contemplated by any Debt Document in the Loan Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under pursuant to or in connection with any Debt Documentthe Loan Documents; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security Lien affecting the Charged Property, and each Secured Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 1 contract
Own responsibility. Without affecting the responsibility of any Debtor Grantor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party (other than the Agents) confirms to the Security Collateral Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to:
(a) the financial condition, status and nature of each member of the GroupGrantor;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Collateral Agent or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged PropertyCollateral, the priority of any of the Transaction Security or the existence of any Security affecting the Charged PropertyCollateral, and each Secured Party (other than the Agents) warrants to the Security Collateral Agent that it has not relied on and will not at any time rely on the Security Collateral Agent in respect of any of these matters.
Appears in 1 contract
Samples: Collateral Agent and Administrative Agent Appointment Deed (Integra Leasing As)
Own responsibility. Without affecting the responsibility of any Debtor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited toincluding:
(a) the financial condition, status and nature of each member of the GroupGroup Member;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(c) whether that such Secured Party has recourse, and the nature and extent of that such recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or or completeness of any information provided by the Security Agent or by any other person Person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person Person in or to, or the value or sufficiency of any part of the Charged Collateral or other Security Property, the priority of any of the Transaction Security or the existence of any Security Lien affecting the Charged PropertyCollateral, and each Secured Party represents and warrants to the Security Agent each other Secured Party that it has not relied on and will not at any time rely on the Security Agent such Secured Party in respect of any of these matters.
Appears in 1 contract
Samples: Intercreditor Agreement (Home Inns & Hotels Management Inc.)
Own responsibility. Without affecting the responsibility of any Debtor for information supplied by it or on its behalf in connection with any Debt Document, each Secured Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, the Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(c) whether that Secured Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Document, the Security Property, the transactions contemplated by the Debt Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document or the Security Property;
(d) the adequacy, accuracy and/or completeness of any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Document, the transactions contemplated by any Debt Document or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Debt Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent Trustee that it has not relied on and will not at any time rely on the Security Agent Trustee in respect of any of these matters.
Appears in 1 contract
Own responsibility. Without affecting the responsibility of any Debtor Obligor for information supplied by it or on its behalf in connection with any Debt Finance Document, each Secured Finance Party confirms to the Security Agent Trustee that it has been, and will continue to be, solely responsible for making its own independent appraisal and investigation of all risks arising under or in connection with any Debt Finance Document including but not limited to:
(a) the financial condition, status and nature of each member of the Group;
(b) the legality, validity, effectiveness, adequacy and enforceability of any Debt Document, Finance Document and the Transaction Security Property and any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with with, any Debt Finance Document or the Security PropertyTransaction Security;
(c) whether that Secured Finance Party has recourse, and the nature and extent of that recourse, against any Party or any of its respective assets under or in connection with any Debt Finance Document, the Security PropertyTransaction Security, the transactions contemplated by the Debt Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with with, any Debt Finance Document or the Security PropertyTransaction Security;
(d) the adequacy, accuracy and/or completeness of the Information Memorandum and any information provided by the Security Agent Trustee or by any other person under or in connection with any Debt Finance Document, the transactions contemplated by any Debt Document the Finance Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with with, any Debt Finance Document; and
(e) the right or title of any person in or to, or the value or sufficiency of any part of the Charged Property, the priority of any of the Transaction Security or the existence of any Security affecting the Charged Property, and each Secured Party warrants to the Security Agent that it has not relied on and will not at any time rely on the Security Agent in respect of any of these matters.
Appears in 1 contract
Samples: Standby Letter of Credit Facility Agreement (Montpelier Re Holdings LTD)