Common use of The Substitute confirms Clause in Contracts

The Substitute confirms. (a) that it has received a copy of the Agreement and each of the Security Documents and all other documentation and information required by it in connection with the transactions contemplated by this Substitution Certificate; (b) that it has not relied upon any statement, opinion, forecast or other representation or warranty made by the Existing Bank or any other party to induce it to enter into this Substitution Certificate; (c) that it has made and will continue to make, without reliance on the Existing Bank or any other Finance Party, and based on such documents as it considers appropriate, its own appraisal of the creditworthiness of any Borrower and the Group and its own independent investigation of the financial condition, prospects and affairs of any Borrower and the Group in connection with the making and continuation of the Facilities under the Agreement and the other Finance Documents; (d) that neither the Existing Bank nor any other Finance Party shall at any time be deemed to have had or have a duty or responsibility, either historically, initially or on a continuing basis, to provide the Substitute with any credit or other information with respect to any Borrower or any other member of the Group whether coming into its possession before the making of any Advance or at any time or times thereafter, other than (in the case of the Facility Agent) as provided in clause 19.1 of the Agreement; (e) that it has made and will continue to make its own assessment of the legality, validity, enforceability and sufficiency of the Agreement, the Security Documents, any other Finance Document and this Substitution Certificate and has not relied and will not rely on the Existing Bank or any other Finance Party or any statements made by any of them in that respect; (f) that, accordingly, none of the Existing Bank nor any other Finance Party makes any representations or warranties in respect of, or shall have any liability or responsibility to the Substitute in respect of, any of the foregoing matters or any other matter referred to in clause 20 of the Agreement; (g) that it is a Qualifying Bank; and (h) that it has signed an appropriate confidentiality undertaking issued by the Existing Bank.

The Substitute confirms. (a) that it has received a copy of the Agreement and each of the Security Documents and all other documentation and information required by it in connection with the transactions contemplated by this Substitution Certificate; (b) that it has not relied upon any statement, opinion, forecast or other representation or warranty made by the Existing Bank or any other party to induce it to enter into this Substitution Certificate; (c) that it has made and will continue to make, without reliance on the Existing Bank or any other Finance Party, and based on such documents as it considers appropriate, its own appraisal of the creditworthiness of any each Borrower and the Group its Affiliates and its own independent investigation of the financial condition, prospects and affairs of any each Borrower and the Group its Affiliates in connection with the making and continuation of the Facilities Facility under the Agreement and the other Finance Documents; (d) that neither the Existing Bank nor any other Finance Party shall at any time be deemed to have had or have a duty or responsibility, either historically, initially or on a continuing basis, to provide the Substitute with any credit or other information with respect to any Borrower or any other member of the Group its Affiliates whether coming into its possession before the making of any Advance Utilisation or at any time or times thereafter, other than (in the case of the Facility Agent) as provided in clause 19.1 of the Agreement; (e) that it has made and will continue to make its own assessment of the legality, validity, enforceability and sufficiency of the Agreement, the Security Documents, any other Finance Document and this Substitution Certificate and has not relied and will not rely on the Existing Bank or any other Finance Party or any statements made by any of them in that respect; (f) that, accordingly, none of the Existing Bank nor any other Finance Party makes any representations or warranties in respect of, or shall have any liability or responsibility to the Substitute in respect of, any of the foregoing matters or any other matter referred to in clause 20 of the Agreement; (g) that it is a Qualifying Bank; and (h) that it has signed an appropriate confidentiality undertaking issued by the Existing Bank.

The Substitute confirms. (a) 4.1 that it has received a copy of the Agreement and each of the Security Finance Documents and all other documentation and information required by it in connection with the transactions contemplated by this Substitution Certificate; (b) 4.2 that it has not relied upon any statement, opinion, forecast or other representation or warranty made by the Existing Bank Bank, the Arrangers or any other party the Facility Agent to induce it to enter into this Substitution Certificate; (c) 4.3 that it has made and will continue to make, without reliance on the Existing Bank or any other Finance Party, and based on such documents as it considers appropriate, its own appraisal of the creditworthiness of any Borrower and the Group and its own independent investigation of the financial condition, prospects and affairs of any Borrower and the Group in connection with the making and continuation of the Facilities Facility under the Facility Agreement and the other Finance Documents; (d) 4.4 that neither the Existing Bank nor any other Finance Party shall at any time be deemed to have had or have a duty or responsibility, either historically, initially or on a continuing basis, to provide the Substitute with any credit or other information with respect to any Borrower or any other member of the Group whether coming into its possession before the making of any an Advance or at any time or times thereafter, other than (in the case of the Facility Agent) as provided in clause 19.1 17 of the Facility Agreement; (e) 4.5 that it has made and will continue to make its own assessment of the legality, validity, enforceability and sufficiency of the Agreement, the Security Documents, any other Finance Document Documents and this Substitution Certificate and has not relied and will not rely on the Existing Bank Bank, the Arrangers or any other Finance Party the Facility Agent or any statements made by any of them in that respect; (f) 4.6 that, accordingly, none of the Existing Bank nor Bank, the Arrangers, the Facility Agent or any other Finance Party makes of their respective employees or agents shall make any representations or warranties in respect of, or shall have any liability or responsibility to the Substitute in respect of, any of the foregoing matters or any other matter referred to in clause 20 17 of the Facility Agreement; (g) that it is a Qualifying Bank; and (h) that it has signed an appropriate confidentiality undertaking issued by the Existing Bank.

The Substitute confirms. (a) that it has received a copy copies of the Agreement and each of the Security Finance Documents and all other documentation and information required by it in connection with the transactions contemplated by this Substitution Certificate; (b) that it has not relied upon any statement, opinion, forecast or other representation or warranty made by the Existing Bank Bank, the Arranger, the Underwriter, the Security Agent or any other party the Agent to induce it to enter into this Substitution Certificate; (c) that it has made and will continue to make, without reliance on the Existing Bank or any other Finance Party, and based on such documents as it considers appropriate, its own appraisal of the creditworthiness of any the Borrower and the Group and its own independent investigation of the financial condition, prospects and affairs of any the Acquisition Parties, the Borrower and the Group in connection with the making and continuation of the Facilities Facility under the Agreement and the other Finance Documents; (d) that neither the Existing Bank nor any other Finance Party shall at any time be deemed to have had or have a duty or responsibility, either historically, initially or on a continuing basis, to provide the Substitute with any credit or other information with respect to any the Borrower or any other member of the Group or the Acquisition Parties, whether coming into its possession before the making of any Advance or at any time or times thereafter, other than (in the case of the Facility Agent) as provided in clause 19.1 clauses 16.3(a) and 16.5(a) of the Agreement; (e) that it has made and will continue to make its own assessment of the legality, validity, enforceability and sufficiency of the Agreement, the Security Documents, any each other Finance Document and this Substitution Certificate and has not relied and will not rely on the Existing Bank Bank, the Arranger, the Security Agent or any other Finance Party the Agent or any statements made by any of them in that respect; (f) that, accordingly, none of the Existing Bank nor any other Finance Party makes Bank, the Arranger, the Underwriter, the Security Agent and the Agent shall make any representations or warranties in respect of, or shall have any liability or responsibility to the Substitute in respect of, any of the foregoing matters or any other matter referred to in clause 20 16.7 of the Agreement; (g) that it is [not] a Qualifying Bank; and (h) that it has signed an appropriate confidentiality undertaking issued by the Existing Bank.

The Substitute confirms. (a) that it has received a copy copies of the Agreement and each of the Security Documents and all other documentation and information required by it in connection with the transactions contemplated by this Substitution Certificate; (b) that it has not relied upon any statement, opinion, forecast or other representation or warranty made by the Existing Bank Bank, the Arrangers, the Security Trustee, the Common Security Trustee or any other party the Agent to induce it to enter into this Substitution Certificate; (c) that it has made and will continue to make, without reliance on the Existing Bank or any other Bank Finance Party, and based on such documents as it considers appropriate, its own appraisal of the creditworthiness of any each Borrower and the Group and its own independent investigation of the financial condition, prospects and affairs of any each Borrower and the Group in connection with the making and continuation of the Facilities under the Agreement and the other Finance DocumentsAgreement; (d) that neither the Existing Bank nor any other Bank Finance Party shall at any time be deemed to have had or have a duty or responsibility, either historically, initially or on a continuing basis, to provide the Substitute with any credit or other information with respect to any Borrower or any other member of the Group whether coming into its possession before the making of any Advance Drawing or at any time or times thereafter, other than (in the case of the Facility Agent) as provided in clause 19.1 clauses 19.3.1 and 19.5.1 of the Agreement; (e) that it has made and will continue to make its own assessment of the legality, validity, enforceability and sufficiency of the Agreement, Bank Finance Documents and the Security Documents, any other Finance Document and this Substitution Certificate and has not relied and will not rely on the Existing Bank Bank, the Arrangers, the Security Trustee, the Common Security Trustee or any other Finance Party the Agent or any statements made by any of them in that respect; (f) that, accordingly, none of the Existing Bank nor any other Finance Party makes Bank, the Arrangers, the Security Trustee, the Common Security Trustee and the Agent shall make any representations or warranties in respect of, or shall have any liability or responsibility to the Substitute Substitutes in respect of, any of the foregoing matters or any other matter referred to in clause 20 19.7 of the Agreement; (g) that it is not a Qualifying Bank; and (h) that it has signed an appropriate confidentiality undertaking issued by the Existing Bank.