Common use of Representations and Warranties; No Responsibility for Appraisal of Creditworthiness Clause in Contracts

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and has made and shall continue to make its own appraisal of the creditworthiness of Company. No Agent shall have any duty or responsibility either initially or on a continuing basis to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or any time or times thereafter and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Borrower and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made 115 and shall continue to make its own appraisal of the creditworthiness of CompanyBorrower. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Holdings, Borrower and their Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyHoldings, Borrower and their Subsidiaries. No Administrative Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company the Credit Parties and their Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe Credit Parties and their Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Revolving Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to the Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of the Company and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe Company and its Subsidiaries. No Neither the Arranger, the Documentation Agent nor the Administrative Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no neither the Arranger, the Documentation Agent nor the Administrative Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Borrower and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyBorrower and its Subsidiaries. No Administrative Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.. 9.4

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyCompany and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on 119 behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company the ParentBorrower and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe ParentBorrower and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans any Credit Extension hereunder or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to the Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Atlas and its Subsidiaries, Borrower and the Aircraft in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyAtlas and its Subsidiaries and Borrower. No Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyCompany and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Parent and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing the execution of participations in such Letters of Credit the IRB Reimbursement Agreement and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyParent and its Subsidiaries. No Administrative Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter there after, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Borrower and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyBorrower and its Subsidiaries. No Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with EXECUTION 121 respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company the Borrowers and their Subsidiaries and of the Project in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe Borrowers and their Subsidiaries. No Neither Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether or not coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or 141 times thereafter thereafter, and no Agent the Agents shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to the Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company the Parent and its Subsidiaries in connection with the making of the Loans and the issuance of the Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe Parent and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans any Credit Extension hereunder or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to the Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Borrower and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyBorrower and its Subsidiaries. No Administrative Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.. 146

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Parent and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing the execution of participations in such Letters of Credit the IRB Reimbursement Agreement and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyParent and its Subsidiaries. No Administrative Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company the Borrower and its Subsidiaries in connection with the making of the Loans and the issuance of the Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe Borrower and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans any Credit Extension hereunder or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to the Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants agrees that it has made its own independent investigation of the financial condition and affairs of Company the Obligors and their respective Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe Obligors and their respective Subsidiaries. No Administrative Agent shall not have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyCompany and its Subsidiaries. No Administrative Agent shall not have any duty or responsibility 112 responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Administrative Agent shall further not have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company the ParentBorrower and its Subsidiaries in connection with the making of the Loans and the issuance of the Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of Companythe ParentBorrower and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of the Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans any Credit Extension hereunder or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to the Lenders.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Company Holdings and its Subsidiaries in connection with the making of the Loans and the issuance of Letters of Credit hereunder and such Lender's purchasing of participations in such Letters of Credit and that it has made and shall continue to make its own appraisal of the creditworthiness of CompanyHoldings and its Subsidiaries. No Agent shall have any duty or responsibility responsibility, either initially or on a continuing basis basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto thereto, whether coming into its possession before the making of the Loans or the issuance of the Letters of Credit or at any time or times thereafter thereafter, and no Agent shall further have any responsibility with respect to the accuracy of or the completeness of the any information provided to Lenders.