Reliance on Agent. All acts of and communications by the Agent, as agent for the Lenders, shall be deemed legally conclusive and binding; and Borrower or any third party (including any court) shall rely on any and all communications or acts of the Agent with respect to the exercise of any rights or the granting of any consent, waiver or approval on behalf of a Lender in all circumstances where an action by such Lender is required or permitted pursuant to this Agreement or the provisions of any other Loan Document or by applicable law without the right or necessity of making any inquiry of any individual Lender as to the authority of Agent with respect to such matter. In no event shall any of the foregoing limit the rights or obligations of any Lender with respect to any other Lender pursuant to this Article 20.
Reliance on Agent. Each Lender acknowledges and agrees for the benefit of Agent that Agent shall be, and Borrower shall be entitled to deal with Agent as, the exclusive representative of the Lenders on all matters relating to the Loan, the Loan Agreement and each of the other Loan Documents, and, subject to the terms hereof and the terms of the Co-Lender Agreement, each Lender shall be bound by the acts of Agent with respect to the Loan.
Reliance on Agent. Each Holder hereby agrees to direct all communication related to Issuer and this Agreement to Agent as the sole delivery method for delivering notices to Issuer. Agent agrees to forward all such communication to Issuer and the Trustee within 30-days of receipt of such communication, and any such communication will be deemed delivered 30-days after receipt by Issuer, but only if delivered in one of the approved methods of delivery at the time and in the manner set forth in Section 8. Notwithstanding the foregoing, Issuer, Trustee and the Holders may communicate with one another on routine issues arising in the ordinary course of business, which include requests for investment statements, customer support requests, access to tax documents, and notices by Issuer of changes to Interest Rates. Any communication by Issuer or the Trustee to a Holder shall not waive any requirement that Holder has to communicate with Issuer and the Trustee through Agent as outlined in this Section 3.
Reliance on Agent. 49 13.3 Powers..........................................................49 13.4 Disbursements...................................................49 13.5
Reliance on Agent. Each Purchaser expressly acknowledges that neither the Collection Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Collection Agent hereafter taken, including, without limitation, any review of the affairs of the Sellers or the Servicer or any affiliate of the Sellers or the Servicer, shall be deemed to constitute any representation or warranty by the Collection Agent to the Purchasers. Each Purchaser represents to the Collection Agent that it has, independently and without reliance upon the Collection Agent, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Sellers and the Servicer and their Affiliates and made its own decision to make its purchases hereunder and enter into the Receivables Purchase Agreement and the other Transaction Documents to which it is a party or by which it is bound. Each Purchaser also represents and covenants that it will, independently and without reliance upon the Collection Agent, any of its officers, directors, employees, agents, attorneys-in-fact or affiliates, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under the Receivables Purchase Agreement and the other Transaction Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Sellers, the Servicer and their Affiliates. The Collection Agent shall not have any duty or responsibility to provide the Purchasers with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the Sellers, the Servicer or any affiliate of the Sellers and the Servicer that may come into the possession of the Collection Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Reliance on Agent. All acts of and communications by Agent, as agent for the Banks, shall be deemed legally conclusive and binding on the Banks; and Borrower or any third party (including any court) shall be entitled to rely on any and all communications or acts of Agent with respect to the exercise of any rights or the granting of any consent, waiver or approval on behalf of Banks or the Required Banks in all circumstances where an action by Banks or the Required Banks is required or permitted pursuant to this Agreement or the provisions of any other Loan Document or by applicable Legal Requirements without the right or necessity of making any inquiry of any individual Bank as to the authority of Agent with respect to such matter. In no event shall any of the foregoing limit the rights or obligations of any Bank with respect to any other Bank pursuant to this Article 13. Each Bank acknowledges and agrees for the benefit of Agent and Borrower that Agent shall be, and Borrower shall be entitled to deal with Agent as, the exclusive representative of the Banks on all matters relating to the Loan, this Agreement and each of the other Loan Documents.
Reliance on Agent. Borrower shall be entitled to rely upon, and to act or refrain from acting on the basis of, any notice, statement, certificate, waiver or other document or instrument delivered by Agent to Borrower so long as Agent is purporting to act in its capacity as Agent pursuant to this Agreement, and Borrower shall not be responsible or liable to any Lender (or to any Participant or to any Assignee), or as a result of any action or failure to act (including actions or omissions which would otherwise constitute defaults hereunder) which is based upon such reliance upon Agent. Borrower shall be entitled to treat Agent as the properly authorized Agent pursuant to this Agreement until Borrower shall have received notice of resignation, and
Reliance on Agent. 56 13.3 Powers..........................................................56 13.4 Disbursements...................................................57 13.5 Distribution and Apportionment of Payments......................58 13.6
Reliance on Agent. In addition to any other representations and warranties given to the Company under this Agreement, the Agent represents and warrants to the Company, and acknowledges and agrees that the Company is relying on the accuracy of each of such representations and warranties in entering into this Agreement, that at the date hereof and at all times during the Term: the Agent is the duly appointed agent of each Customer and, in such capacity, is entitled to enter into this Agreement on behalf of each such Customer and to act on behalf of each such Customer under this Agreement; the Agent has entered into a valid and binding Purchase Agreement with each Customer, and such Purchase Agreement shall be in full force and effect during the term of this Agreement; the Agent has associated a Price with each Customer pursuant to a valid Purchase Agreement in accordance with the Transaction Rules; the Agent is solely responsible to provide the Company all the necessary and correct information required by the Company to fulfill its obligations under the Agreement; and the Company is entitled to rely solely on the information provided by the Agent in that regard; and for these purposes, without limitation, where the Agent utilizes the EnTRAC System, the Company may rely on all actions taken, and information set out, by the Agent in the EnTRAC System.
Reliance on Agent. Section 9.04 Powers
