Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents including, but not limited to: 29.14.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group; 29.14.2 the legality, validity, effectiveness, adequacy and enforceability of the Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Finance Documents; 29.14.3 whether such Bank 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 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 Finance Documents; and 29.14.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent or the Arrangers or an Obligor or by any other person in connection with the 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 Finance Documents.
Appears in 3 contracts
Samples: Credit Agreement (NTL Delaware Inc), Credit Agreement (NTL Communications Corp), Credit Agreement (NTL Inc/De/)
Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents this Agreement including, but not limited to:
29.14.1 26.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 26.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Finance Documents;
29.14.3 26.13.3 whether such Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other person or any of their respective its assets under or in connection with the 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 Finance Documents; and
29.14.4 26.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent or the Arrangers or Arrangers, an Obligor or by any other person in connection with the 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 Finance Documents. Accordingly, each Bank acknowledges to the Agent and the Arrangers that it has not relied on and will not hereafter rely on the Agent and the Arrangers or either of them in respect of any of these matters.
Appears in 2 contracts
Samples: Exhibit Agreement (Ace LTD), Exhibit (Ace LTD)
Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents including, but not limited to:
29.14.1 31.12.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 31.12.2 the legality, validity, effectiveness, adequacy and enforceability of the any Finance Documents and any other agreement, agreement arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the any Finance DocumentsDocument;
29.14.3 31.12.3 whether such Bank 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 any Finance DocumentsDocument, 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 any Finance DocumentsDocument; and
29.14.4 31.12.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent or the Arrangers or Arranger, an Obligor Obligor, or by any other person in connection with the any Finance DocumentsDocument, 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 any Finance Document. Accordingly, each Bank acknowledges to the Finance DocumentsAgent and the Arranger that it has not relied on and will not hereafter rely on the Agent and the Arranger or any of them in respect of any of these matters.
Appears in 2 contracts
Samples: Senior Term Facility Agreement (United Surgical Partners International Inc), Senior Term Facility Agreement (United Surgical Partners International Inc)
Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents including, but not limited to:
29.14.1 31.12.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 31.12.2 the legality, validity, effectiveness, adequacy and enforceability of the 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 any Finance DocumentsDocument;
29.14.3 31.12.3 whether such Bank 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 any Finance DocumentsDocument, 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 any Finance DocumentsDocument; and
29.14.4 31.12.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent Agent, an Underwriter or the Arrangers or Arranger, an Obligor Obligor, or by any other person in connection with the any Finance DocumentsDocument, 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 any Finance Document. Accordingly, each Bank acknowledges to the Finance DocumentsAgent, the Underwriters and the Arranger that it has not relied on and will not hereafter rely on the Agent, the Underwriters and the Arranger or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Mezzanine Credit Agreement (Transworld Healthcare Inc)
Own responsibility. It is understood Without affecting the responsibility of any Obligor for information supplied by it or on its behalf in connection with any Finance Document, each Lender confirms to the Agent and agreed by each Bank the Mandated Lead Arranger that at all times it has itself been, and will continue to be, solely responsible for making its own independent appraisal of and investigation into of all risks arising under or in connection with the Finance Documents including, but not limited to:
29.14.1 a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 b) the legality, validity, effectiveness, adequacy and enforceability of the 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 any Finance DocumentsDocument;
29.14.3 c) whether such Bank Lender has recourse, and the nature and extent of that recourse, against an Obligor or any other person a party or any of their its respective assets under or in connection with the any Finance DocumentsDocument, 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 any Finance DocumentsDocument; and
29.14.4 d) the adequacy, accuracy and/or completeness of the Information Memorandum information package and any other information provided by the Agent or Agent, the Arrangers or Mandated Lead Arranger, an Obligor or by any other person in connection with the any Finance DocumentsDocument, 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 any Finance DocumentsDocument.
Appears in 1 contract
Samples: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)
Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents this Agreement including, but not limited to:
29.14.1 25.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 25.13.2 the legality, validity, effectiveness, adequacy and enforceability of the Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Finance Documents;
29.14.3 25.13.3 whether such Bank has recourse, and the nature and extent of that recourse, against an Obligor or any other person or any of their respective its assets under or in connection with the 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 Finance Documents; and
29.14.4 25.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent or the Arrangers or Arrangers, an Obligor or by any other person in connection with the 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 Finance Documents. Accordingly, each Bank acknowledges to the Agent and the Arrangers that it has not relied on and will not hereafter rely on the Agent and the Arrangers or either of them in respect of any of these matters.
Appears in 1 contract
Own responsibility. It is understood and agreed by each the Bank that at all times it has itself been, and 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 Finance Documents Loan Agreement including, but not limited to:
29.14.1 22.12.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the GroupBorrower;
29.14.2 22.12.2 the legality, validity, effectiveness, adequacy and enforceability of the Finance Documents Loan Agreement and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Finance DocumentsLoan Agreement ;
29.14.3 22.12.3 whether such the Bank has recourse, and the nature and extent of that recourse, against an Obligor the Borrower or any other person or any of their respective assets under or in connection with the Finance DocumentsLoan Agreement, 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 Finance DocumentsLoan Agreement ; and
29.14.4 22.12.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent or the Arrangers or an Obligor Arranger, the Borrower, or by any other person in connection with the Finance DocumentsLoan Agreement, 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 Finance DocumentsLoan Agreement.
Appears in 1 contract
Samples: Term Loan Agreement
Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents including, but not limited to:
29.14.1 34.12.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 34.12.2 the legality, validity, effectiveness, adequacy and enforceability of the 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 any Finance DocumentsDocument;
29.14.3 34.12.3 whether such Bank 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 any Finance DocumentsDocument, 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 any Finance DocumentsDocument; and
29.14.4 34.12.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent Agent, an Underwriter or the Arrangers or Arranger, an Obligor Obligor, or by any other person in connection with the any Finance DocumentsDocument, 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 any Finance Document. Accordingly, each Bank acknowledges to the Finance DocumentsAgent, the Underwriters and the Arranger that it has not relied on and will not hereafter rely on the Agent, the Underwriters and the Arranger or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Senior Credit Agreement (Transworld Healthcare Inc)
Own responsibility. It is understood and agreed by each Bank Lender that at all times it has itself been, and 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 Finance Documents including, but not limited to:
29.14.1 (a) the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 (b) the legality, validity, effectiveness, adequacy and enforceability of the any Finance Documents Document and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Finance Documentsthis Agreement;
29.14.3 (c) whether such Bank Lender 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 any Finance DocumentsDocument, 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 Finance Documentsthis Agreement; and
29.14.4 (d) the adequacy, accuracy and/or completeness of the Information Memorandum Memorandum, the Reports and any other information provided by the Agent or the Arrangers or an Obligor Arranger, an Obligor, or by any other person in connection with the Finance Documentsthis Agreement, 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. Accordingly, each Lender acknowledges to the Finance DocumentsAgent and the Arrangers that it has not relied on and will not hereafter rely on the Agent and 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 Bank that at all times it has itself been, and 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 Finance Documents this Agreement including, but not limited to:
29.14.1 28.13.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 28.13.2 the legality, validity, effectiveness, adequacy and enforceability of the 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 Finance Documentsthis Agreement;
29.14.3 28.13.3 whether such Bank 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 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 Finance Documentsthis Agreement; and
29.14.4 28.13.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Administrative Agent or the Arrangers or Arrangers, an Obligor Obligor, or by any other person in connection with the Finance Documentsthis Agreement, 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. Accordingly, each Bank acknowledges to the Finance DocumentsAdministrative Agent and the Arrangers that it has not relied on and will not hereafter rely on the Administrative Agent and the Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Multicurrency Revolving Loan Agreement (Gulfmark Offshore Inc)
Own responsibility. It is understood and agreed by each Bank that at all times it has itself been, and 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 Finance Documents including, but not limited to:
29.14.1 the financial condition, creditworthiness, condition, affairs, status and nature of each member of the Group;
29.14.2 the legality, validity, effectiveness, adequacy and enforceability of the Finance Documents and any other agreement, arrangement or document entered into, made or executed in anticipation of, pursuant to or in connection with the Finance Documents;
29.14.3 whether such Bank 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 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 Finance Documents; and
29.14.4 the adequacy, accuracy and/or completeness of the Information Memorandum and any other information provided by the Agent or the Arrangers or an Obligor or by any other person in connection with the 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 Finance Documents. Accordingly, each Bank acknowledges to the Agent and the Arrangers that it has not relied on and will not hereafter rely on the Agent and the Arrangers or any of them in respect of any of these matters.
Appears in 1 contract
Samples: Credit Agreement (NTL Inc)