Own responsibility. It is understood and agreed by each Senior Secured Creditor that at all times it has itself been, and shall continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents including, but not limited to: 23.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of the Projects and each Obligor; 23.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; 23.13.3 whether such Senior Secured Creditor has recourse, and the nature and extent of that recourse, against an Obligor or any other Person or any of their respective assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and 23.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or the GCLAs, an Obligor, or by any other Person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor acknowledges to the Agents and the GCLAs that it has not relied on and shall not hereafter rely on the Agents and the GCLAs or any of them in respect of any of these matters.
Appears in 4 contracts
Samples: Common Terms Agreement (Wynn Resorts LTD), Common Terms Agreement (Wynn Resorts LTD), Common Terms Agreement (Wynn Resorts LTD)
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents this Agreement including, but not limited to:
23.13.1 28.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 28.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 28.13.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective its assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 28.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents Agent or the GCLAsLead Arrangers, an Obligor, Obligor or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Agent and the GCLAs Lead Arrangers that it has not relied on and shall will not hereafter rely on the Agents Agent and the GCLAs Lead Arrangers or any either of them in respect of any of these matters.
Appears in 3 contracts
Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents including, but not limited to:
23.13.1 29.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of the Projects and each ObligorBorrower;
23.13.2 29.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 29.13.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor the Borrower or any other Person person or any of their respective assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 29.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or Facility Agent, the GCLAsOriginal Mandated Lead Arrangers, an Obligor, the Borrower or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Facility Agent and the GCLAs Original Mandated Lead Arrangers that it has not relied on and shall will not hereafter rely on the Agents Facility Agent and the GCLAs Original Mandated Lead Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents including, but not limited to:
23.13.1 (a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 (b) the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents this Agreement and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documentsthis Agreement;
23.13.3 (c) whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective assets under or in connection with the Senior Finance Documentsthis Agreement, the transactions therein herein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; andthis Agreement;
23.13.4 (d) the adequacy, accuracy and/or completeness of the Information Memorandum Bank Material and any other information provided by the Agents Facility Agent or by the Security Agent, as the case may be, or the GCLAsArranger, or an Obligor, or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein herein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with this Agreement;
(e) the Senior adequacy, accuracy or completeness of any communication delivered to it under any of the Finance Documents. , any legal or other opinions, reports, valuations, certificates, appraisals or other documents delivered or made or required to be delivered or made at any time in connection with any of the Finance Documents, any security to be constituted thereby or any other report or other document, statement or information circulated, delivered or made, whether orally or otherwise and whether before, on or after the date of this Agreement;
(f) the due execution, delivery, validity, legality, adequacy, suitability, performance, enforceability or admissibility in evidence of any of the Finance Documents or any other document referred to in sub-clause (e) or of any guarantee, indemnity or security given or created thereby or any obligations imposed thereby or assumed thereunder; and
(g) the ownership, value or sufficiency of any property the subject of any security created pursuant to the Security Documents, the priority of any of the security created pursuant to the Security Documents, the right or title of any person in or to any property comprised therein or the existence of any encumbrance affecting the same, Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Facility Agent and the GCLAs Arranger that it has not relied on and shall will not hereafter rely on the Agents and Facility Agent or the GCLAs or any of them Arranger in respect of any of these matters.
Appears in 1 contract
Samples: Amendment Agreement (Jazztel PLC)
Own responsibility. It is understood and agreed by each Senior Secured Creditor Participant that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Credit Facility Documents including, but not limited to:
23.13.1 34.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 34.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Credit Facility Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Credit Facility Documents;
23.13.3 34.13.3 whether such Senior Secured Creditor Participant has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective assets under or in connection with the Senior Finance Credit Facility Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Credit Facility Documents; and
23.13.4 34.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents Facility Agent or the GCLAsLead Arrangers, an Obligor, or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Credit Facility Documents. Accordingly, each Senior Secured Creditor Participant acknowledges to the Agents Facility Agent and the GCLAs Lead Arrangers that it has not relied on and shall will not hereafter rely on the Agents Facility Agent and the GCLAs Lead Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Credit Facility Documents including, but not limited to:
23.13.1 34.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 34.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Credit Facility Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Credit Facility Documents;
23.13.3 34.13.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective assets under or in connection with the Senior Finance Credit Facility Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Credit Facility Documents; and
23.13.4 34.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents Facility Agent or the GCLAsLead Arrangers, an Obligor, or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Credit Facility Documents. Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Facility Agent and the GCLAs Lead Arrangers that it has not relied on and shall will not hereafter rely on the Agents Facility Agent and the GCLAs Lead Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Credit Agreement (Comple Tel LLC)
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation investigations into all risks arising under or in connection with the Senior Finance Documents including, but not limited to:
23.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of any Transaction Party and, accordingly, each Bank warrants to the Projects and each Obligor;
23.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 whether such Senior Secured Creditor has recourse, Agent and the nature and extent of that recourse, against an Obligor or any other Person or any of their respective assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or the GCLAs, an Obligor, or by any other Person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor acknowledges to the Agents and the GCLAs Arranger that it has not relied on and shall will not hereafter rely on the Agents and Agent or the GCLAs Arranger:
(a) to check or enquire on its behalf into the adequacy, accuracy or completeness of any information provided by any Transaction Party in connection with this Agreement or the transactions herein contemplated (whether or not such information has been or is hereafter circulated to such Bank by the Agent or the Arranger); or
(b) to check or enquire on its behalf into the adequacy, accuracy or completeness of any communication delivered to it under any of them the Transaction Documents, any legal or other opinions, reports, valuations, certificates, appraisals or other documents delivered or made or required to be delivered or made at any time in respect connection with any of the Transaction Documents, any security to be constituted thereby on an other report or other document, statement or information circulated, delivered or made, whether orally or otherwise and whether before, on or after the date of this Agreement; or
(c) to check or enquire on its behalf into the due execution, delivery, validity, legality, adequacy, suitability, performance, enforceability or admissibility in evidence of any of these mattersthe Transaction Documents or any other document referred to in paragraph (b) above or of any guarantee, indemnity or security given or created thereby or any obligations imposed thereby or assumed thereunder; or
(d) to assess or keep under review on its behalf the financial condition, creditworthiness, condition, affairs, status or nature of any Transaction Party.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents this Agreement including, but not limited to:
23.13.1 25.12.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 25.12.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 25.12.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective its assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 25.12.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents Agent or the GCLAsArranger, an Obligor, Obligor or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Agent and the GCLAs Arranger that it has not relied on and shall will not hereafter rely on the Agents Agent and the GCLAs Arranger or any either of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents including, but not limited to:
23.13.1 33.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 33.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior any Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior any Finance Documents;
23.13.3 33.13.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective assets under or in connection with the Senior any Finance Documents, the transactions therein herein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior any Finance Documents; and
23.13.4 33.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents Agent or the GCLAsArrangers, an Obligor, Obligor or by any other Person person in connection with the Senior any Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior any Finance Documents. Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Agent and the GCLAs Arrangers that it has not relied on and shall will not hereafter rely on the Agents Agent and the GCLAs Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Term Loan Facilities Agreement (Dyckerhoff Aktiengesellschaft)
Own responsibility. It is understood and agreed by each Senior Secured Creditor Lender that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents and the Hermes Guarantee including, but not limited to:
23.13.1 (a) the financial condition, creditworthiness, condition, affairs, status and nature of the Projects and each ObligorBorrower, any Shareholder, Sponsor;
23.13.2 (b) the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents Documents, the Hermes Guarantee and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee;
23.13.3 (c) whether such Senior Secured Creditor Lender has recourse, and the nature and extent of that recourse, against an Obligor the Borrower or any other Person person or any of their respective assets under or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee; and
23.13.4 (d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or Facility Agent, the GCLAsSecurity Agent, an Obligoreither Arranger, the Borrower, or by any other Person person in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee. Accordingly, each Senior Secured Creditor Lender acknowledges to the Agents Facility Agent, the Security Agent and the GCLAs Arranger that it has not relied on and shall will not hereafter rely on the Agents and Facility Agent, the GCLAs Security Agent or the Arranger or any of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents including, but not limited to:
23.13.1 28.12.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Projects and each ObligorGroup;
23.13.2 28.12.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 28.12.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 28.12.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents Agent or the GCLAsArrangers, an Obligor, or by any other Person person in connection with the Senior Finance Documents, the transactions contemplated therein herein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor Bank acknowledges to the Agents Agent and the GCLAs Arrangers that it has not relied on and shall will not hereafter rely on the Agents Agent and the GCLAs Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation investigations into all risks arising under or in connection with the Senior Finance Documents including, but not limited to:
23.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of any Transaction Party and, accordingly, each Bank warrants to the Projects and each Obligor;
23.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 whether such Senior Secured Creditor has recourse, Agent and the nature and extent of that recourse, against an Obligor or any other Person or any of their respective assets under or in connection with the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or the GCLAs, an Obligor, or by any other Person in connection with the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor acknowledges to the Agents and the GCLAs Arranger that it has not relied on and shall will not hereafter rely on the Agents and Agent or the GCLAs Arranger:
(a) to check or enquire on its behalf into the adequacy, accuracy or completeness of any information provided by any Transaction Party in connection with this Agreement or the transactions herein contemplated (whether or not such information has been or is hereafter circulated to such Bank by the Agent or the Arranger); or
(b) to check or enquire on its behalf into the adequacy, accuracy or completeness of any communication delivered to it under any of the Transaction Documents, any legal or other opinions, reports, valuations, certificates, appraisals or other documents delivered or made or required to be delivered or made at any time in connection with any of the Transaction Documents, any security to be constituted thereby or any other report or other document, statements or information circulated, delivered or made, whether orally or otherwise and whether before, on or after the date of them this Agreement; or
(c) to check or enquire on its behalf into the due execution, delivery, validity, legality, adequacy, suitability, performance, enforceability or admissibility in respect evidence of any of these mattersthe Transaction Documents or any other document referred to in paragraph (b) above or any guarantee, indemnity or security given or created thereby or any obligations imposed thereby or assumed thereunder; or
(d) to assess or keep under review on its behalf the financial condition, creditworthiness, condition, affairs, status or nature of any Transaction Party.
Appears in 1 contract
Samples: Syndicated Offshore Bill Discount Facility (NSM Steel Co LTD)
Own responsibility. It is understood and agreed by each Senior Secured Creditor Lender that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Documents and the Hermes Guarantee including, but not limited to:
23.13.1 (a) the financial condition, creditworthiness, condition, affairs, status and nature of the Projects and each ObligorBorrower, any Shareholder, Sponsor;
23.13.2 (b) the legality, validity, effectiveness, adequacy and enforceability of the Senior Finance Documents Documents, the Hermes Guarantee and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee;
23.13.3 (c) whether such Senior Secured Creditor Lender has recourse, and the nature and extent of that recourse, against an Obligor the Borrower or any other Person person or any of their respective assets under or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee; and
23.13.4 (d) the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or Facility Agent, the GCLAsSecurity Agent, an Obligoreach of the Arrangers, the Borrower, or by any other Person person in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance DocumentsDocuments or the Hermes Guarantee. Accordingly, each Senior Secured Creditor Lender acknowledges to the Agents Facility Agent, the Security Agent and the GCLAs Arrangers that it has not relied on and shall will not hereafter rely on the Agents and Facility Agent, the GCLAs Security Agent or the Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each Senior Secured Creditor Bank and Fronting Bank that at all times it has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with any of the Senior Finance Documents including, but not limited to:
23.13.1 34.10.1 the financial condition, creditworthiness, condition, affairs, status and nature of the Projects and each ObligorObligors;
23.13.2 34.10.2 the legality, validity, effectiveness, adequacy and enforceability of any of the Senior Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents;
23.13.3 34.10.3 whether such Senior Secured Creditor Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other Person person or any of their respective assets under or in connection with any of the Senior Finance Documents, the transactions therein contemplated or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents; and
23.13.4 34.10.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or the GCLAsArrangers, an Obligor, or by any other Person person in connection with any of the Senior Finance Documents, the transactions contemplated therein or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Documents. Accordingly, each Senior Secured Creditor Bank and Fronting Bank acknowledges to the Agents and the GCLAs Arrangers that it has not relied on and shall will not hereafter rely on the Agents and the GCLAs Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Loan Agreement (Getronics N V)
Own responsibility. It The Security Trustee is understood and agreed by each Senior Secured Creditor entering into this Deed on the understanding that at all times it each Secured Creditor has itself been, and shall will continue to be, solely responsible for making its own independent appraisal of and investigation into all risks arising under or in connection with the Senior Finance Relevant Documents including, including but not limited to:
23.13.1 14.7.1 the financial condition, creditworthiness, condition, affairs, status and nature of the Projects and each ObligorObligors or any other person;
23.13.2 14.7.2 the legality, validity, effectiveness, adequacy and enforceability of each of the Senior Finance Documents Security Documents, the Transaction Security and any other Relevant Documents, agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Security Documents, the Transaction Security or the other Relevant Documents;
23.13.3 14.7.3 whether such Senior that Secured Creditor has recourse, and the nature and extent of that recourse, against an any Obligor or any other Person person or any of their respective assets under or in connection with the Senior Finance Relevant Documents, the transactions therein contemplated in the Relevant Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Relevant Documents; and;
23.13.4 14.7.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agents or the GCLAs, an Obligor, or by any other Person person in connection with the Senior Finance Relevant Documents, the transactions contemplated therein in the Relevant Documents or any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Senior Finance Relevant Documents. Accordingly; and
14.7.5 the right or title of any person in or to, or the value or sufficiency of any part of the Transaction Security, the priority of any of the Transaction Security or the existence of any encumbrance affecting the Transaction Security, and each Senior Secured Creditor acknowledges warrants to the Agents and the GCLAs Security Trustee that it has not relied on and shall will not hereafter at any time rely on the Agents and the GCLAs or any of them Security Trustee in respect of any of these matters.
Appears in 1 contract
Samples: Trust Agreement (Marconi Corp PLC)