Common use of Bank Credit Decision Clause in Contracts

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 14 contracts

Samples: Revolving Credit Agreement (Consumers Energy Co), Revolving Credit Agreement (CMS Energy Corp), Term Loan Credit Agreement (CMS Energy Corp)

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Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon any of the Agent Agents or any other Bank and based on the financial statements prepared by the Company Current Financials and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon any of the Agent Agents or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 12 contracts

Samples: Revolving Credit Facility Agreement (Southwest Airlines Co), Revolving Credit Facility Agreement (Southwest Airlines Co), Revolving Credit Facility Agreement (Southwest Airlines Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents or any other instrument or document.

Appears in 12 contracts

Samples: Revolving Credit Agreement (Halliburton Co), Credit Agreement (Halliburton Co), Credit Agreement (Halliburton Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 10 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Resources Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by Financial Statements and the Company Interim Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 9 contracts

Samples: Credit Agreement (Stone Energy Corp), Credit Agreement (Core Laboratories N V), Credit Agreement (Ram Energy Inc/Ok)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the any Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the any Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 9 contracts

Samples: Reimbursement Agreement (Ace LTD), Reimbursement Agreement (Ace LTD), Reimbursement Agreement (Ace LTD)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other member of the Bank Group and based on the financial statements prepared by the Company referred to in Section 4.06 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other member of the Bank Group and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 8 contracts

Samples: Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 8 contracts

Samples: Revolving Credit Agreement (CMS Energy Corp), Credit Agreement (Panhandle Eastern Pipe Line Co), Term Loan Agreement (Consumers Energy Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company referred to in §6.4 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 7 contracts

Samples: Credit Agreement (Waste Management Inc), Revolving Credit Agreement (Waste Management Inc), Credit Agreement (Waste Management Inc)

Bank Credit Decision. (a) Each Bank acknowledges agrees that it has, independently and without reliance upon on the Agent Agent, the Issuing Bank or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges agrees that it will, independently and without reliance upon on the Agent Agent, the Issuing Bank or any other Bank and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 6 contracts

Samples: Credit and Reimbursement Agreement (Aes Ironwood LLC), Credit and Reimbursement Agreement (Aes Ironwood LLC), Credit and Reimbursement Agreement (Tenaska Georgia Partners Lp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Union Pacific Corp), Credit Agreement (Union Pacific Corp), Credit Agreement (Union Pacific Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAmendment and to agree to the various matters set forth herein. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Agreement as amended hereby.

Appears in 6 contracts

Samples: Fourth Amendment Agreement (Newfield Exploration Co /De/), First Amendment Agreement (Newfield Exploration Co /De/), First Amendment Agreement (Newfield Exploration Co /De/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.3 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreementthe Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents.

Appears in 5 contracts

Samples: Secured Credit Agreement (Pilgrims Pride Corp), Secured Credit Agreement (Pilgrims Pride Corp), Secured Credit Agreement (Pilgrims Pride Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.01(e) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under any Note or this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Williams Communications Group Inc), Credit Agreement (Williams Communications Group Inc), Credit Agreement (Williams Companies Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (Tyler Technologies Inc), Credit Agreement (Team Inc), Credit Agreement (Denali Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon on the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon on the Agent or any other Bank and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 5 contracts

Samples: Reimbursement Agreement (Indiantown Cogeneration Lp), Credit and Reimbursement Agreement (Indiantown Cogeneration Lp), And Reimbursement Agreement (Ce Generation LLC)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the either Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.06 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the either Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (American General Hospitality Corp), Credit Agreement (American General Hospitality Corp), Credit Agreement (American General Hospitality Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Ecolab Inc), Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Ecolab Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.04 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Bridge Loan Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc), Term Loan Agreement (Brinker International Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.04 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc), Credit Agreement (Brinker International Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the any Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.2 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreementthe Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the any Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Mississippi Chemical Corp /MS/), Credit Agreement (Seminis Inc), Credit Agreement (Mississippi Chemical Corp /MS/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon on the Agent or any other Bank or the Issuing Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon on the Agent or any other Bank or the Issuing Bank and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: And Reimbursement Agreement (Eme Homer City Generation Lp), And Reimbursement Agreement (Eme Homer City Generation Lp), Reimbursement Agreement (Eme Homer City Generation Lp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company referred to in Article IV and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Toronto Dominion (Union Pacific Resources Group Inc), Anadarko Petroleum Corp, Union Pacific Resources Group Inc

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.05 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Schweitzer Mauduit International Inc), Credit Agreement (Equity Corp International), Credit Agreement (Arkansas Best Corp /De/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.2 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreementthe Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Minnesota Corn Processors LLC), Maverick Tube Corporation, Sanderson Farms Inc

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent, the Euro-Agent or any other Bank and based on the financial statements prepared by the Company referred to in SECTION 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent, the Euro-Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the Parent’s and the Borrower’s financial statements prepared by and the Company Parent’s filings under the Exchange Act and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Senior Unsecured Credit Agreement (Lasalle Hotel Properties), Senior Credit Agreement (Eagle Hospitality Properties Trust, Inc.), Senior Unsecured Credit Agreement (Lasalle Hotel Properties)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 6.4 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Execution (Consol Energy Inc), Senior Revolving Loan Agreement (Consol Energy Inc), Senior Revolving Loan Agreement (Consol Energy Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Initial Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc), Credit Agreement (Tetra Technologies Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Collateral Agreement (Conseco Inc), Guaranty and Subordination Agreement (Conseco Inc), Guaranty and Subordination Agreement (Conseco Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent, any Co-Documentation Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.5 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent, any Co-Documentation Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Security Agreement (Arkansas Best Corp /De/), Security Agreement (Arkansas Best Corp /De/), Security Agreement (Arkansas Best Corp /De/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other member of the Bank Group and based on the financial statements prepared by the Company referred to in SECTION 4.06 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other member of the Bank Group and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Costilla Energy Inc), Acquisition Credit Agreement (Costilla Energy Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent, the Arranger & Syndication Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.05 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent, the Arranger & Syndication Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Credit Documents.

Appears in 2 contracts

Samples: Credit Agreement (Fina Inc), Credit Agreement (Fina Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.9 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Uno Restaurant Corp), Revolving Credit and Term Loan Agreement (Uno Restaurant Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company Borrower and Guarantors and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Interstate Power & Light Co), Credit Agreement (Trans Leasing International Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to herein and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement, the Notes, the Collateral Documents and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Hornbeck Offshore Services Inc /La), Credit Agreement (Hornbeck Leevac Marine Services Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Security Agreement (Holly Energy Partners Lp), Credit Agreement (Crosstex Energy Lp)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and other information referred to in Section 5.9 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementCredit Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Penn Virginia Corp), Credit Agreement (Penn Virginia Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the either Agent or any other Bank and based on the financial statements prepared by the Company and Registration Statement referred to in Section 4.06 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the either Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Lasalle Hotel Properties), Credit Agreement (Lasalle Hotel Properties)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.5 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (Arkansas Best Corp /De/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent, the Documentation Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.05 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, the Documentation Agent, or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Arkansas Best Corp /De/), Credit Agreement (Arkansas Best Corp /De/)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements referred to in Section 5.04 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Reducing Revolving Credit Agreement (Energy Partners LTD), Reducing Revolving Credit Agreement (Energy Partners LTD)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company Borrower Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Holly Energy Partners Lp), Credit Agreement (Holly Energy Partners Lp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Mesa Inc), Credit Agreement (Monro Muffler Brake Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Agent, the Arranger or any other Bank and based on the financial statements prepared by the Company Borrower and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, the Arranger or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Xcel Energy Inc), Assignment Agreement (Northern States Power Co)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in SECTION 7.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Ace LTD), Facility Agreement (Pulte Homes Inc/Mi/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the such financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Letter of Credit Facility Agreement (Sunpower Corp), Letter of Credit Facility Agreement (Sunpower Corp)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the any Agent or any other Bank and based on the financial statements prepared by the Company referred to in SECTION 7.1 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the any Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Related Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the Related Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Speedfam International Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Petsec Energy Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Facility Agents, the Arrangers, or any other Bank Bank, and based on the financial statements prepared by the Company referred to in Article VII and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Facility Agents, the Arrangers, or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Blockbuster Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Medusa Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Agent, any of its Affiliates or any other Bank and based on the financial statements prepared by the Company Loan Parties and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, any of its Affiliates or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Clarion Technologies Inc/De/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Agreement Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (Panhandle Eastern Pipe Line Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 7.1(e) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Microdyne Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Registration Statement and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Integrated Electrical Services Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the any Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the any Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Reimbursement Agreement (Ace LTD)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the either Administrative Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the either Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents or any other instrument or document.

Appears in 1 contract

Samples: Credit Agreement (Wiser Oil Co)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the any Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 7.1 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the any Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

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Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Agent, any affiliate thereof or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, any affiliate thereof or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Term Loan and Letter of Credit and Reimbursement Agreement (Ogden Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company Preliminary Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Eagle Usa Airfreight Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Manpower Inc /Wi/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4. 1 (e) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreemeent (Washington Real Estate Investment Trust)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.. 39

Appears in 1 contract

Samples: Term Loan Agreement (Consumers Energy Co)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.9 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementCredit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Bellwether Exploration Co)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 7.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Serv Tech Inc /Tx/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the such financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents or any other instrument or document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Reliant Energy Resources Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Managing Agents or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.4 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Managing Agents or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ackerley Communications Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon on the Agent Agent, the LOC Issuer or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon on the Agent Agent, the LOC Issuer or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.and

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Reliant Energy Mid Atlantic Power Services Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company information referred to in Section 4.04 and such other documents and information as it has deemed appropriate, made its own independent credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Hilb Rogal & Hamilton Co /Va/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements, and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Susser Holdings CORP)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 6.3 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreementthe Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Empire District Electric Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.6 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Loehmanns Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to herein and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, or any other Bank and based on such documents and information as AS it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement, the Notes and the Collateral Documents.

Appears in 1 contract

Samples: Credit Agreement (Evergreen Resources Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.5 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Haggar Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Agent, the Arranger or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, the Arranger or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Assignment Agreement (Stepan Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by -70- 76 Financial Statements and the Company Interim Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it willshall, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (3dx Technologies Inc)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 6.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Group Maintenance America Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Borrower and Guarantors and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Biltmore South Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.1(e) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment Trust)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the any Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.07 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the any Agent, any Co-Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the Notes.

Appears in 1 contract

Samples: Revolving Credit Agreement (Browning Ferris Industries Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent Agent, the Co-Agents or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.05 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, the Co-Agents or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Fina Inc)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on the financial statements prepared by the Company Current Financials and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.. xlvi

Appears in 1 contract

Samples: Credit Agreement (Southwest Airlines Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.1(e) and such other documents and information as it has deemed appropriate, . made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under any Note or this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Williams Holdings of Delaware Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company delivered pursuant to Section 5.01(d) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents or any other instrument or document.

Appears in 1 contract

Samples: Credit Agreement (Halliburton Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.01(e) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Pledge and Security Agreement (Valhi Inc /De/)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other member of the Bank Group and based on the -52- 58 financial statements prepared by the Company referred to in Section 4.06 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other member of the Bank Group and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Core Laboratories N V)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the either Administrative Agent or any other Bank and based on the financial statements prepared by the Company Financial Statements and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the either Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents or any other instrument or document.

Appears in 1 contract

Samples: Credit Agreement (Battle Mountain Gold Co)

Bank Credit Decision. (a) Each Bank acknowledges that it has, -------------------- independently and without reliance upon the Agent Agent, the Arranger or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent Agent, the Arranger or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stepan Co)

Bank Credit Decision. (a) Each Bank acknowledges represents to the Agent that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.3 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank Bank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Belden Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriateBank, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the any Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Note Agreement (Brothers Gourmet Coffees Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon on the Agent Agent, the Issuing Bank or any other Bank and based on the financial statements prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon on the Agent Agent, the Issuing Bank or any other Bank and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Eme Homer City Generation Lp)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that -------------------- it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 4.09 and such other ------------ documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Credit Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementCredit Agreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Barrett Resources Corp)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.01(b) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Stormedia Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in Section 5.5 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Haggar Corp)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company referred to in SECTION 6.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges and agrees that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Apple Orthodontix Inc)

Bank Credit Decision. (a) Each Bank acknowledges that it has, independently and without reliance upon the Agent or any other Bank and based on the financial statements prepared by the Company Companies or the Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreementthe Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Asset Acceptance Capital Corp)

Bank Credit Decision. (a) Each Bank acknowledges and agrees that it has, independently and without reliance upon any of the Agent Agents or any other Bank and based on the financial statements prepared by the Company Current Financials and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.enter

Appears in 1 contract

Samples: Credit Facility Agreement (Southwest Airlines Co)

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