Common use of Credit Decisions Clause in Contracts

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 15 contracts

Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Reddy Ice Holdings Inc)

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Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 13 contracts

Samples: Credit Agreement (Calpine Corp), Credit Agreement (KCS Energy Inc), Credit Agreement (Vintage Petroleum Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 11 contracts

Samples: Credit Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Gutbusters Pty LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 9 contracts

Samples: Credit and Guaranty Agreement (Key Components Finance Corp), Credit and Guarantee Agreement (Kaiser Francis Oil Co), Credit Agreement (Prosource Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 9 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s review of the financial information of the Borrowereach Obligor, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend make available its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 7 contracts

Samples: Credit Agreement (Ingram Micro Inc), Credit Agreement (Ingram Micro Inc), Credit Agreement (Ingram Micro Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 7 contracts

Samples: Credit Agreement (Keebler Corp), Credit Agreement (Budget Group Inc), Credit Agreement (Budget Group Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Southern Bottled Water Co Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Commemorative Brands Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 6 contracts

Samples: Credit Agreement (Alliance Resources PLC), Credit Agreement (Simpson Industries Inc), Credit Agreement (Cencom Cable Income Partners Ii L P)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agent-Related Person and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the any Loan DocumentsDocument.

Appears in 6 contracts

Samples: Credit Agreement (Midwest Generation LLC), Credit Agreement (Midwest Generation LLC), Facility Lease Agreement (Edison Mission Energy)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrowereach Credit Party, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsRevolving Commitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 5 contracts

Samples: Credit Agreement (Novamed Inc), Pledge Agreement (Novamed Inc), Pledge Agreement (Novamed Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Swift Transportation Co Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Facility Agent and each other LenderFinance Party, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the Loan other Transaction Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment or otherwise participate in the Loan. Each Lender also acknowledges that it will, independently of the Administrative Facility Agent and each other LenderFinance Party, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Transaction Document.

Appears in 5 contracts

Samples: Facility Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 5 contracts

Samples: Guaranty Agreement, Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Price/Costco Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 5 contracts

Samples: Amendment Agreement (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc), Credit Agreement (Aegis Communications Group Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 5 contracts

Samples: Credit Agreement (Tele Communications International Inc), Secured Term Loan Agreement (Plains Resources Inc), Credit Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.), Credit Agreement (Sabre Industries, Inc.)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 5 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such LenderXxxxxx’s review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 5 contracts

Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers and their Subsidiaries, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (AMH Holdings, Inc.), Credit Agreement (AMH Holdings, Inc.), Credit Agreement (Associated Materials Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerCompany, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 4 contracts

Samples: Loan and Credit Agreement (Chicago Title Corp), Assignment Agreement (Chicago Title Corp), Credit Agreement (Andrew Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Credit Documents.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrowereach Credit Party, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsRevolving Commitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/), Credit Agreement (Warnaco Group Inc /De/)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Markwest Hydrocarbon Inc)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Credit Agreement (Tci Satellite Entertainment Inc), Credit Agreement (Primestar Inc), Credit Agreement (Roberts Pharmaceutical Corp)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Credit Agreement (Aristotle Corp), Credit Agreement (Buy Com Inc), Security Agreement (Aristotle Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Credit Agreement (Markwest Hydrocarbon Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsRevolving Loan Commitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 3 contracts

Samples: Credit Facility Agreement (Horseshoe Gaming LLC), Credit Agreement (Adt Limited), Credit Agreement (Adt Limited)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being reasonably satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrower and its Subsidiaries, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Associated Materials Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Associated Materials Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of Holdings and the BorrowerCompany, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Railamerica Inc /De), Credit Agreement (Railamerica Inc /De)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the New Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitmentsthe Loans. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Lien Credit Agreement (Standard Register Co), First Lien Credit Agreement (Standard Register Co)

Credit Decisions. Each Lender acknowledges that it has, independently ---------------- of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrower and its Subsidiaries, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 2 contracts

Samples: Loan Agreement (Summa Industries), Loan and Security Agreement (Powerwave Technologies Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the Loan other Agreement Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Agreement Document.

Appears in 2 contracts

Samples: Thorn Apple Valley Inc, Thorn Apple Valley Inc

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Parent Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitmentsportion of the Loans. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Xtant Medical Holdings, Inc.), Credit Agreement (Bacterin International Holdings, Inc.)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrowereach Credit Party, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsRevolving Commitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 2 contracts

Samples: Credit Agreement (Novamed Eyecare Inc), Credit Agreement (Novamed Eyecare Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the each Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners Holdings Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Facility Agent and each other LenderFinance Party, and based on such Lender’s review of the financial information of the BorrowerObligors, this Agreement, the Loan Documents (other Transaction Documents, the terms and provisions of which being satisfactory to such Lender) Hedging Agreements and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment or otherwise participate in the Loan. Each Lender also acknowledges that it will, independently of the Administrative Facility Agent and each other LenderFinance Party, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under this Agreement, any other Transaction Document or the Loan DocumentsHedging Agreements.

Appears in 2 contracts

Samples: Subordination Agreement (Royal Caribbean Cruises LTD), Facility Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative Agent Agent-Related Person and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the any Loan DocumentsDocument.

Appears in 2 contracts

Samples: Credit Agreement (Edison Mission Energy), Execution Copy Credit Agreement (Edison Mission Energy)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Credit Documents.

Appears in 2 contracts

Samples: Credit Agreement (Resource America Inc), Credit Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Ust Inc), Credit Agreement (Hecla Mining Co/De/)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitmentsthe Loans. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Credit Documents.

Appears in 2 contracts

Samples: Credit Agreement, cases.primeclerk.com

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitmentsthe Loans. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Standard Register Co)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other LenderLender Party, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other LenderLender Party, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the any Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Advanstar Communications Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Arranging Agent and each other Lender, and based on such Lender’s 's review of the financial information of the each Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Arranging Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Credit Documents.

Appears in 1 contract

Samples: Credit Agreement (Parametric Sound Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of Holdings and the BorrowerCompany, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Railamerica Inc /De)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent each Agent-Related Person and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the any Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Edison Mission Energy)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, timer continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan Documents.Document

Appears in 1 contract

Samples: Credit Agreement (Cable Tv Fund 11-B LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerLoan Parties, this Agreement, the Loan other Transaction Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Transaction Document.

Appears in 1 contract

Samples: Credit Agreement (U.S. Shipping Partners L.P.)

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Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the Borrowereach Obligor, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend make available its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Ingram Micro Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each 97 105 Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Pasta Group L L C)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerRoyalty Sub, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Quintiles Transnational Corp)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrower and its Subsidiaries, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Loan Agreement (Powerwave Technologies Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or 97 106 not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Secured Credit Agreement (Prosource Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s Xxxxxx's review of the financial information of the BorrowerObligors, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerCompany, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Andrew Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerVHC, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Von Hoffmann Holdings Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerAffiliated Project Participants, this Agreement, the Loan other Project Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative any Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Project Document.

Appears in 1 contract

Samples: Credit and Acceptance Agreement (Trigen Energy Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Winn Dixie Stores Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Markwest Hydrocarbon Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall will deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Authentic Fitness Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Parent, each Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and Agent, each other Lender, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising 83 Credit Agrmt or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Sonoran Energy Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrower and its Subsidiaries, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitments and Loans. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Bridge Loan Agreement (Associated Materials Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Weight Watchers International Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, this Agreement, the Loan other Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Credit Document.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Tower Automotive Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, the Loan Documents (the terms Borrower and provisions its Subsidiaries and its review of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to enter into this Agreement and the other Loan Documents and to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan Documents.Document. SECTION 9.7

Appears in 1 contract

Samples: Credit Agreement (Pep Boys Manny Moe & Jack)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the Loan other Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Credit Document.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Budget Group Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agent-Related Person and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the any Loan DocumentsDocument.

Appears in 1 contract

Samples: Facility Lease Agreement (Edison Mission Energy)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the Borrower, the Company, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Hanesbrands Inc.)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations investigation as such Lender has deemed appropriate, made its own credit decision to extend its Commitmentsmake the Loans. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Loan and Security Agreement (Silverleaf Resorts Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerAccount Party, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsLetter of Credit Commitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Reimbursement Agreement (PPL Energy Supply LLC)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Arranging Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Arranging Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Adelphia Communications Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Facility Agent and each other LenderFinance Party, and based on such Lender’s review of the financial information of the Borrower, this Agreement, the Loan Documents (other Transaction Documents, the terms and provisions of which being satisfactory to such Lender) Hedging Agreements and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment or otherwise participate in the Loan. Each Lender also acknowledges that it will, independently of the Administrative Facility Agent and each other LenderFinance Party, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under this Agreement, any other Transaction Document or the Loan DocumentsHedging Agreements.

Appears in 1 contract

Samples: Facility Agreement (Royal Caribbean Cruises LTD)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsRevolving Loan Commitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Security Agreement (Us Automotive Manufacturing Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Guarantor and the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Kirkwood Acquisition Corp)

Credit Decisions. Each Lender acknowledges that it has, ---------------- independently of the Administrative each Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative any Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the any Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit Agreement (Ambac Financial Group Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Managing Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrower and its Subsidiaries, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Managing Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (North Shore Agency Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerBorrowers, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative each Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Ferro Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s review of the financial information of the BorrowerObligors, this Agreement, the Loan Documents other Operative Agreements (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Operative Agreement.

Appears in 1 contract

Samples: Financing Agreement (APT Sunshine State LLC)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative each Managing Agent and each other Lender, and based on such Lender’s 's review of the financial information of the Borrower, this Agreement, the other Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Managing Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the this Agreement or any other Loan DocumentsDocument.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Imo Industries Inc)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent and each other Lender, and based on such Lender’s 's review of the financial information of the BorrowerBorrowers, this Agreement, the Loan other Credit Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its CommitmentsCommitment. Each Lender also acknowledges that it will, independently of the Administrative Agent and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documentsthis Agreement or any other Credit Document.

Appears in 1 contract

Samples: Credit Agreement (Bergen Brunswig Corp)

Credit Decisions. Each Lender acknowledges that it has, independently of the Administrative Agent Agents and each other Lender, and based on such Lender’s review of the financial information of the BorrowerObligors, the Loan Documents (the terms and provisions of which being satisfactory to such Lender) and such other documents, information and investigations as such Lender has deemed appropriate, made its own credit decision to extend its Commitments. Each Lender also acknowledges that it will, independently of the Administrative Agent Agents and each other Lender, and based on such other documents, information and investigations as it shall deem appropriate at any time, continue to make its own credit decisions as to exercising or not exercising from time to time any rights and privileges available to it under the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (3055854 Nova Scotia Co)

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