Purchaser Credit Decision Sample Clauses
The Purchaser Credit Decision clause establishes that the purchaser is solely responsible for evaluating and deciding whether to extend credit or enter into a transaction with the seller. In practice, this means the purchaser must conduct its own due diligence, such as reviewing the seller’s financial stability or creditworthiness, before proceeding with the purchase. This clause ensures that the risk of non-payment or financial loss due to poor credit decisions rests with the purchaser, thereby clarifying responsibility and reducing potential disputes between the parties.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon the Purchaser Agent or any other Purchaser, and based upon such documents and information as it has deemed appropriate, made its own credit and financial analysis of the Seller and its own decision to enter into this Agreement. Each Purchaser also acknowledges that it will, independently and without reliance upon the Purchaser Agent or any other Purchaser and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.
Purchaser Credit Decision. (a) Each Purchaser acknowledges that it shall, independently and without reliance upon Agent or any Purchaser or any of their Related Persons or upon any document (including any offering and disclosure materials in connection with the syndication of the Term Loans) solely or in part because such document was transmitted by Agent or any of its Related Persons, conduct its own independent investigation of the financial condition and affairs of each Credit Party and make and continue to make its own credit decisions in connection with entering into, and taking or not taking any action under, any Note Document or with respect to any transaction contemplated in any Note Document, in each case based on such documents and information as it shall deem appropriate. Except for documents expressly required by any Note Document to be transmitted by Agent to the Purchasers, Agent shall not have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, prospects, operations, Property, financial and other condition or creditworthiness of any Credit Party or any Affiliate of any Credit Party that may come in to the possession of Agent or any of its Related Persons.
(b) If any Purchaser has elected to abstain from receiving MNPI concerning the Credit Parties or their Affiliates, such Purchaser acknowledges that, notwithstanding such election, Agent and/or the Credit Parties will, from time to time, make available syndicate-information (which may contain MNPI) as required by the terms of, or in the course of administering the Term Loans to the credit contact(s) identified for receipt of such information on such Purchaser’s administrative questionnaire who are able to receive and use all syndicate-level information (which may contain MNPI) in accordance with such Purchaser’s compliance policies and contractual obligations and applicable law, including federal and state securities laws; provided that if such contact is not so identified in such questionnaire, the relevant Purchaser hereby agrees to promptly (and in any event within one (1) Business Day) provide such a contact to Agent and the Credit Parties upon request therefor by Agent or the Credit Parties. Notwithstanding such Purchaser’s election to abstain from receiving MNPI, such Purchaser acknowledges that if such Purchaser chooses to communicate with Agent, it assumes the risk of receiving MNPI concerning the Credit Parties or their Affiliates.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon Agent or any other Purchaser and based on such other documents and information as it has deemed appropriate, made its own credit and financial analysis of each Grantor and its own decision to enter into this Agreement. Each Purchaser also acknowledges that it will, independently and without reliance upon Agent or any other Purchaser and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement. Each Purchaser acknowledges the potential conflict of interest of each other Purchaser as a result of Purchasers holding disproportionate interests in the Notes, and expressly consents to, and waives, any claim based upon, such conflict of interest.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon Collateral Agent, any other Purchaser or any of their Related Persons or upon any document solely or in part because such document was transmitted by Collateral Agent or any of its Related Persons, conducted its own independent investigation of the financial condition and affairs of Issuer and has made and will continue to make its own credit decisions in connection with entering into, and taking or not taking any action under, any Note Document or with respect to any transaction contemplated in any Note Document, in each case based on such documents and information as it shall deem appropriate. Collateral Agent shall not have any duty or responsibility to provide any Purchaser with any credit or other information concerning the business, prospects, operations, Property, financial and other condition or creditworthiness of Issuer or any Affiliate of Issuer that may come in to the possession of Collateral Agent or any of its Related Persons.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon the Agent, the Trustee or any other Purchaser and based on the financial statements referred to in Section 4.01(d) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Purchaser also acknowledges that it will, independently and without reliance upon the Agent, the Trustee or any other Note or Certificate Purchaser or Holder from time to time of the Instruments and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions with respect to this Agreement or any of the other Operative Documents.
Purchaser Credit Decision. 56 19.5 Indemnification................................................................................ 56 19.6 Successor Co-Agent............................................................................. 57
Purchaser Credit Decision. Acknowledgment of Use of Proceeds Benefiting the Initial Purchaser. Each Purchaser Party acknowledges that it has, independently and without reliance upon any Agent or any other Purchaser Party and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Purchaser Party also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Purchaser Party and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Note Documents. Each Purchaser Party expressly recognizes that the proceeds of a significant portion of the Notes have been used to make payments to the Vendor under the Vendor Supply Agreement and expressly agrees that the Initial Purchaser, whether or not it is the Vendor, shall have the rights and obligations specified under this Agreement, all without regard to the fact that such proceeds have been used for such purpose and that the Vendor Supply Agreement exists.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon the Administrative Agent, any Purchaser or any of their Affiliates or upon any document solely or in part because such document was transmitted by the Administrative Agent or any of its Affiliates, conducted its own independent investigation of the financial condition and affairs of the Company and has made and continues to make its own credit decisions in connection with entering into, and taking or not taking any action under, any Transaction Document or with respect to any transaction contemplated in any Transaction Document, in each case based on such documents and information as it shall deem appropriate.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon Notes Agent or any other Purchaser and based on the financial statements referred to herein and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Purchaser also acknowledges that it will, independently and without reliance upon Notes Agent or any other Purchaser and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement, any other Note Document or related agreement or any document furnished hereunder or thereunder. Notes Agent shall not have any duty or responsibility, either initially or on an ongoing basis, to provide any Purchaser with any credit or other similar information regarding Obligors.
Purchaser Credit Decision. Each Purchaser acknowledges that it has, independently and without reliance upon the Agent, the Trustee, VCMI or any other Purchaser and based on the financial statements referred to in Section 4.01(d) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Purchaser also acknowledges that it will, independently and without reliance upon the Agent, the Trustee, VCMI or