Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person. (b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account. (c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group. (d) The Issuing Bank may rely on: (i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents. (g) The Issuing Bank is not responsible for: (i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security Agent, the Arranger, an Obligor or any other person given in or in connection with any Finance Document or the Information Memorandum; or (ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.), Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the GroupGroup or any other person.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security Agent, the Arranger, an Obligor or any other person given in or in connection with any Finance Document or the Information MemorandumDocument; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Cascal N.V.), Amendment and Restatement Agreement (Cascal N.V.), Facility Agreement (Cascal B.V.)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the GroupGroup or any other person.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Senior Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Agent, the Issuing Bank, the AgentMandated Lead Arrangers, an Obligor, the Security Agent, the Arranger, an Obligor Trustee or any other person given in or in connection with any Senior Finance Document or any of the Information MemorandumPackage; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Senior Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Senior Finance Document.
Appears in 2 contracts
Samples: Senior Facility Agreement (Inmarsat Holdings LTD), Senior Facility Agreement (Inmarsat Launch CO LTD)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Facility Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security AgentArranger, the Arranger, an Obligor Borrower or any other person given in or in connection with any Finance Document or the Information MemorandumFacility Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Facility Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Facility Document.
Appears in 2 contracts
Samples: Subordinated Secured Term and Letter of Credit Facility Agreement (Cascal B.V.), Term and Letter of Credit Facility Agreement (Cascal B.V.)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(dc) The Issuing Bank may rely on:
(i) any representation, notice or document provided to it in relation to the Facility believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(ed) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(fe) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(gf) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bankany Party (excluding itself), the Agent, the Security Agent, the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 2 contracts
Samples: Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD), Multicurrency Letter of Credit Facility Agreement (Aspen Insurance Holdings LTD)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the an Issuing Bank as a trustee or fiduciary of any other person.
(b) The An Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The An Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The An Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The An Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The An Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The An Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bank, the Agent, the Security Agentany Party (including itself), the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security Agent, the ArrangerCoordinator, an Obligor or any other person given in or in connection with any Finance Document or the Information Memorandum; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bank, the Agent, the Security Agentany Party (including itself), the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Interim Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the GroupGroup Company.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Interim Finance Documents through its personnel and agents.
(g) The Except where an Interim Finance Document specifically provides otherwise, the Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security Agent, the Arranger, an Obligor or any other person given in provided under or in connection with any Interim Finance Document or the Information Memorandumany notice or document delivered in connection with any Interim Finance Document; or
(ii) the legality, validity, effectiveness, adequacy adequacy, completeness or enforceability of any Interim Finance Document or any other agreement, arrangement agreement or document entered into, made or executed in anticipation of or into in connection with any Interim Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(dc) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(ed) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(fe) The Issuing Bank may act in relation to the Finance Documents through its respective personnel and agents.
(gf) The Issuing Bank is shall not be responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, a Mandated Lead Arranger, a Bookrunner, the Security Agent, the Arranger, an Obligor or any other person given in or in connection with any Finance Document or the Information Memorandum; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document (including any Obligation or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document).
Appears in 1 contract
Samples: Senior Subscription Agreement (TPG Advisors IV, Inc.)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts, and no Obligor shall be liable for the costs thereof except as expressly provided for in this Agreement.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(gi) The Issuing Bank is not responsible for:
(iii) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bank, the Agent, the Security Agentany party to this Agreement (including itself), the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(iiiii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is shall not be responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bank, the Facility Agent, the Security Agentany Party (including itself), the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security Agent, the Arranger, an Obligor Obligor, the Security Trustee or any other person given in or in connection with any Finance Document or the Information MemorandumDocument; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Document.
Appears in 1 contract
Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of Borrowing Group Party and any other party to the GroupRelevant Documents.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied by the Issuing Bank, the Agent, the Security AgentTrustee, the Arranger, an Obligor MCL or any other person given in or in connection with any Finance Relevant Document or the Information Memorandum; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Relevant Document or any other agreement, arrangement or document entered into, made or executed in anticipation of or in connection with any Finance Relevant Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the any Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Each Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(dc) The Each Issuing Bank may rely on:
(i) any representation, notice or document provided to it in relation to the Facility believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(ed) The Each Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(fe) The Each Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(gf) The Each Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bankany Party (including itself), the Agent, the Security Agent, the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Samples: Amendment and Restatement Agreement (Tower Group International, Ltd.)
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is shall not be responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bank, the Facility Agent, the Security Agentany Party (including itself), the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.. Table of Contents
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(d) The Issuing Bank may rely on:
(i) any representation, notice or document believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(e) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(f) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(g) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bank, the Facility Agent, the Security Agentany Party (including itself), the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Role of the Issuing Bank. (a) Nothing in this Agreement constitutes the Issuing Bank as a trustee or fiduciary of any other person.
(b) The Issuing Bank shall not be bound to account to any Lender for any sum or the profit element of any sum received by it for its own account.
(c) The Issuing Bank may accept deposits from, lend money to and generally engage in any kind of banking or other business with any member of the Group.
(dc) The Issuing Bank may rely on:
(i) any representation, notice or document provided to it in relation to the Facility believed by it to be genuine, correct and appropriately authorised; and
(ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify.
(ed) The Issuing Bank may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts.
(fe) The Issuing Bank may act in relation to the Finance Documents through its personnel and agents.
(gf) The Issuing Bank is not responsible for:
(i) the adequacy, accuracy and/or completeness of any information (whether oral or written) supplied provided by the Issuing Bankany Party (including itself), the Agent, the Security Agent, the Arranger, an Obligor or any other person given in under or in connection with any Finance Document Document, the transactions contemplated by the Finance Documents or the Information Memorandumany other agreement, arrangement or document entered into, made or executed in anticipation of, under or in connection with any Finance Document; or
(ii) the legality, validity, effectiveness, adequacy or enforceability of any Finance Document or any other agreement, arrangement or document entered into, made or executed in anticipation of of, under or in connection with any Finance Document.
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Tower Group International, Ltd.)