Common use of Due Diligence and Non-Reliance Clause in Contracts

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon Agent or any other Lenders, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund the Term Loans. Each Lender has made such inquiries concerning the Loan Documents, the Collateral and each Obligor as such Lender feels necessary. Each Lender further expressly acknowledges and agrees that the other Lenders, Agent and Agent-Related Persons have made no representations or warranties concerning any Obligor, any Collateral or the legality, validity, sufficiency or enforceability of any Loan Documents or Obligations and that no act by Agent hereafter taken, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender will, independently and without reliance upon the other Lenders or Agent, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making the Term Loans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports and other information expressly requested by any Lender (to the extent such Lender is entitled to such information under the express terms of this Agreement or any other Loan Document), Agent shall have no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, operations, prospects, creditworthiness or Properties of any Obligor (or any of its Affiliates) which may come into possession of Agent or any of Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon Administrative Agent or any other LendersLenders or any of their respective Related Parties, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund the Term Loans. Each Lender has made such inquiries concerning the Loan Documents, the Collateral and each Obligor as such Lender feels necessary. Each Lender further expressly acknowledges and agrees that the other Lenders, Lenders and Administrative Agent and Agent-their respective Related Persons Parties have made no representations or warranties concerning any Obligor, any Collateral or the legality, validity, sufficiency or enforceability of any Loan Documents or Obligations and that no act by Agent hereafter taken, shall be deemed to constitute any representation or warranty by Agent to any LenderObligations. Each Lender will, independently and without reliance upon the other Lenders or AgentAdministrative Agent or any of their respective Related Parties, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making the Term Loans, Loans and in taking or refraining from any action under any Loan Documents. Except for notices, reports and other information expressly requested by any Lender (to the extent such Lender is entitled to such information under the express terms of this Agreement or any other Loan Document)a Lender, Administrative Agent shall have no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to Administrative Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, operations, prospects, creditworthiness business or Properties of any Obligor (or any of its Affiliates) which may come into possession of Administrative Agent or any of Administrative Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon Administrative Agent or any other LendersLenders or any of their respective Related Parties, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund the Term Loans. Each Lender has made such inquiries concerning the Loan Documents, the Collateral and each Obligor as such Lender feels necessary. Each Lender further expressly acknowledges and agrees that the other Lenders, Lenders and Administrative Agent and Agent-their respective Related Persons Parties have made no representations or warranties concerning any Obligor, any Collateral or the legality, validity, sufficiency or enforceability of any Loan Documents or Obligations and that no act by Agent hereafter taken, shall be deemed to constitute any representation or warranty by Agent to any LenderObligations. Each Lender will, independently and without reliance upon the other Lenders or AgentAdministrative Agent or any of their respective Related Parties, and based upon such financial statements, documents and 124 information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making the Term Loans, Loans and in taking or refraining from any action under any Loan Documents. Except for notices, reports and other information expressly requested by any Lender (to the extent such Lender is entitled to such information under the express terms of this Agreement or any other Loan Document)a Lender, Administrative Agent shall have no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to Administrative Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, operations, prospects, creditworthiness business or Properties of any Obligor (or any of its Affiliates) which may come into possession of Administrative Agent or any of Administrative Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon Agent or any other Lenders, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund the Term LoansLoans hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral and each Obligor as such Lender feels necessary. Each Lender further expressly acknowledges and agrees that the other Lenders, Lenders and Agent and Agent-Related Persons have made no representations or warranties concerning any Obligor, any Collateral or the legality, validity, sufficiency or enforceability of any Loan Documents or Obligations and that no act by Agent hereafter taken, shall be deemed to constitute any representation or warranty by Agent to any LenderObligations. Each Lender will, independently and without reliance upon the other Lenders or Agent, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making the Term Loans, and in taking or refraining from any action under any Loan Documents. Except for notices, reports and other information expressly requested by any Lender (to the extent such Lender is entitled to such information under the express terms of this Agreement or any other Loan Document)a Lender, Agent shall have no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, operations, prospects, creditworthiness business or Properties of any Obligor (or any of its Affiliates) which may come into possession of Agent or any of Agent’s Affiliates.

Due Diligence and Non-Reliance. Each Lender acknowledges and agrees that it has, independently and without reliance upon Agent, any Collateral Agent or any other Lenders, and based upon such documents, information and analyses as it has deemed appropriate, made its own credit analysis of each Obligor and its own decision to enter into this Agreement and to fund the Term LoansLoans and participate in LC Obligations hereunder. Each Lender has made such inquiries concerning the Loan Documents, the Collateral and each Obligor as such Lender feels necessary. Each Lender further expressly acknowledges and agrees that the other Lenders, Collateral Agents and Agent and Agent-Related Persons have made no representations or warranties concerning any Obligor, any Collateral or the legality, validity, sufficiency or enforceability of any Loan Documents or Obligations and that no act by Agent hereafter taken, shall be deemed to constitute any representation or warranty by Agent to any LenderObligations. Each Lender will, independently and without reliance upon the other Lenders Lenders, Collateral Agents or Agent, and based upon such financial statements, documents and information as it deems appropriate at the time, continue to make and rely upon its own credit decisions in making the Term LoansLoans and participating in LC Obligations, and in taking or refraining from any action under any Loan Documents. Except for notices, reports and other information expressly requested by any Lender (to the extent such Lender is entitled to such information under the express terms of this Agreement or any other Loan Document)a Lender, Agent shall have no duty or responsibility to provide any Lender with any notices, reports or certificates furnished to Agent by any Obligor or any credit or other information concerning the affairs, financial condition, business, operations, prospects, creditworthiness business or Properties of any Obligor (or any of its Affiliates) which may come into possession of Agent or any of Agent’s Affiliates.