Acknowledgments and Admissions. Borrower hereby represents, warrants, acknowledges and admits that (i) it has been advised by counsel in the negotiation, execution and delivery of the Loan Documents to which it is a party, (ii) it has made an independent decision to enter into this Agreement and the other Loan Documents to which it is a party, without reliance on any representation, warranty, covenant or undertaking by Administrative Agent or any other Lender Party, whether written, oral or implicit, other than as expressly set out in this Agreement or in another Loan Document delivered on or after the date hereof, (iii) there are no representations, warranties, covenants, undertakings or agreements by any Lender Party as to the Loan Documents except as expressly set out in this Agreement or in another Loan Document delivered on or after the date hereof, (iv) no Lender Party has any fiduciary obligation toward Borrower with respect to any Loan Document or the transactions contemplated thereby, (v) the relationship pursuant to the Loan Documents between Borrower and the other Restricted Persons, on one hand, and each Lender Party, on the other hand, is and shall be solely that of debtor and creditor, respectively, (vi) no partnership or joint venture exists with respect to the Loan Documents between any Restricted Person and any Lender Party, (vii) Administrative Agent is not Borrower's Administrative Agent, but Administrative Agent for Lenders, (viii) should an Event of Default or Default occur or exist, each Lender Party will determine in its sole discretion and for its own reasons what remedies and actions it will or will not exercise or take at that time, (ix) without limiting any of the foregoing, Borrower is not relying upon any representation or covenant by any Lender Party, or any representative thereof, and no such representation or covenant has been made, that any Lender Party will, at the time of an Event of Default or Default, or at any other time, waive, negotiate, discuss, or take or refrain from taking any action permitted under the Loan Documents with respect to any such Event of Default or Default or any other provision of the Loan Documents, and (x) all Lender Parties have relied upon the truthfulness of the acknowledgments in this section in deciding to execute and deliver this Agreement and to become obligated hereunder.
Acknowledgments and Admissions. Borrower hereby represents, warrants, acknowledges and admits that (i) it has been advised by counsel in the negotiation, execution and delivery of the Loan Documents to which it is a party, (ii) no Lender Party has any fiduciary obligation toward Borrower with respect to any Loan Document or the transactions contemplated thereby, (iii) the relationship pursuant to the Loan Documents between Borrower and the other Restricted Persons, on one hand, and each Lender Party, on the other hand, is and shall be solely that of debtor and creditor, respectively, and (iv) no partnership or joint venture exists with respect to the Loan Documents between any Restricted Person and any Lender Party.
Acknowledgments and Admissions. EACH OF THE CORPORATION AND THE SUBSIDIARIES HEREBY REPRESENTS, WARRANTS, ACKNOWLEDGES AND ADMITS THAT (A) EACH OF THE CORPORATION AND THE SUBSIDIARIES HAS MADE AN INDEPENDENT DECISION TO ENTER INTO THIS AGREEMENT, WITHOUT RELIANCE ON ANY REPRESENTATION, WARRANTY, COVENANT OR UNDERTAKING BY THE LENDER, WHETHER WRITTEN, ORAL OR IMPLICIT, OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT OR IN ANOTHER DOCUMENT EXECUTED BY THE LENDER AND DELIVERED AFTER THE DATE HEREOF, (B) THERE ARE NO REPRESENTATIONS, WARRANTIES, COVENANTS, UNDERTAKINGS OR AGREEMENTS BY THE LENDER AS TO THE PURCHASE OF THE CEC NOTE EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, (C) THE LENDER HAS NO FIDUCIARY OBLIGATION TOWARD THE CORPORATION OR THE SUBSIDIARIES WITH RESPECT TO THIS AGREEMENT, THE RELATED AGREEMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY, AND (D) THE LENDER HAS RELIED UPON THE TRUTHFULNESS OF THE ACKNOWLEDGMENTS IN THIS PARAGRAPH 16.14 IN DECIDING TO EXECUTE AND DELIVER THIS AGREEMENT AND TO BECOME OBLIGATED HEREUNDER.
Acknowledgments and Admissions. The Issuer hereby represents, warrants and acknowledges and admits that:
Acknowledgments and Admissions. Inland hereby represents, warrants, acknowledges and admits that:
Acknowledgments and Admissions. The Borrower hereby represents, warrants and acknowledges and admits that:
Acknowledgments and Admissions. The Borrower hereby represents, warrants, acknowledges and admits that (a) the Borrower has made an independent decision to enter into this Loan Agreement and such other instruments and documents, without reliance on any representation, warranty, covenant or undertaking by the Lender, whether written, oral or implicit, other than as expressly set forth in this Loan Agreement, (b) the Lender has not made any representation, covenant or undertaking to the Borrower in connection with the rights and obligations of the Borrower pursuant to this Loan Agreement or any such instruments and documents, (c) there are no representations, warranties, covenants or undertakings or agreements by the Lender as to this Loan Agreement or such instruments and documents except as expressly set forth herein or therein, (d) the relationship between the Lender and the Borrower, pursuant to this Loan Agreement and such instruments and documents, is and shall be solely that of creditor and debtor, respectively, (e) the Lender has relied upon the truthfulness of the foregoing acknowledgments in deciding to execute and deliver this Loan Agreement and to accept the Note.
Acknowledgments and Admissions. The Issuer each hereby acknowledges and admits that:
Acknowledgments and Admissions. Issuer, the Guarantor and each Purchaser hereby represents, warrants, acknowledges and admits to each other party hereto that:
Acknowledgments and Admissions. Each of Borrower and TOGA hereby represents, warrants, acknowledges and admits that:
