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

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. (i) Each Bank represents and warrants to Agent that it has made its own independent investigation of the financial condition and affairs of the Borrower, DGC, Affiliated Insurers and the Agency Subsidiaries in connection with the making of the Loan and has made and shall continue to make its own appraisal of the creditworthiness of the Borrower and its subsidiaries. Except as provided in this Agreement, the Agent shall not have any duty or responsibility either initially or on a continuing basis to make any such investigation or any such appraisal on behalf of the Banks or to provide any Bank with any credit or other information with respect thereto whether coming into its possession before the initial borrowing hereunder or any time or times thereafter and shall further have no responsibility with respect to the accuracy of or the completeness of the information provided to the Banks. (ii) Each Bank hereby represents and warrants to Agent that: (1) Such Bank has, independently and without reliance upon Agent and based on the financial and other information of the Borrower, DGC, Affiliated Insurers and the Agency Subsidiaries heretofore delivered to such Bank and on such other documents and information as such Bank has deemed appropriate, made its own credit analysis and decision to make its Loan, and shall continue to do so without reliance on Agent; and such Bank acknowledges that Agent has not made and does not make any representations or warranties or assume any responsibility with respect to the validity, genuineness, enforceability (as against any Person other than Agent) or collectibility of the Loan, this Loan Agreement or the other Loan Documents; and (2) Such Bank is making its Loan in the ordinary course of its lending business for its own account and not with a view to or for sale in connection with any distribution thereof provided that the disposition of such Bank's property shall at all times be and remain within such Bank's control.

Representations and Warranties; No Responsibility for Appraisal of Creditworthiness. (i) Each Bank represents and warrants to Agent that it has made its own independent investigation of the financial condition and affairs of the BorrowerDGC, DGCDGFS, Affiliated Insurers and the Agency Subsidiaries in connection with the making of the Loan and has made and shall continue to make its own appraisal of the creditworthiness of the Borrower DGC and its subsidiaries. Except as provided in this Agreement, the Agent shall not have any duty or responsibility either initially or on a continuing basis to make any such investigation or any such appraisal on behalf of the Banks or to provide any Bank with any credit or other information with respect thereto whether coming into its possession before the initial borrowing hereunder or any time or times thereafter and shall further have no responsibility with respect to the accuracy of or the completeness of the information provided to the Banks. (ii) Each Bank hereby represents and warrants to Agent that: (1) Such Bank has, independently and without reliance upon Agent and based on the financial and other information of the BorrowerDGC, DGCDGFS, Affiliated Insurers and the Agency Subsidiaries heretofore delivered to such Bank and on such other documents and information as such Bank has deemed appropriate, made its own credit analysis and decision to make its Loan, and shall continue to do so without reliance on Agent; and such Bank acknowledges that Agent has not made and does not make any representations or warranties or assume any responsibility with respect to the validity, genuineness, enforceability (as against any Person other than Agent) or collectibility of the Loan, this Loan Agreement or the other Loan Documents; and (2) Such Bank is making its Loan in the ordinary course of its lending business for its own account and not with a view to or for sale in connection with any distribution thereof provided that the disposition of such Bank's property shall at all times be and remain within such Bank's control.