Independent Credit Analysis. Such Guarantor has, independently and without reliance upon any Secured Party and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and each other Loan Document to which it is or is to be a party, and such Guarantor has established adequate means of obtaining from each other Loan Party on a continuing basis information pertaining to, and is now and on a continuing basis will be completely familiar with, the business, condition (financial or otherwise), operations, performance, properties and prospects of such other Loan Party.
Independent Credit Analysis. Each Lender acknowledges that it has, independently and without reliance upon Administrative Agent or any Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon Administrative Agent or any Lender and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any of the other Loan Documents or any related agreement or document furnished hereunder or thereunder.
Independent Credit Analysis. Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement or any other Loan Document, any related agreement or any document furnished hereunder or thereunder.
Independent Credit Analysis. Each Lender acknowledges and agrees that the extensions of credit made hereunder are commercial loans and not investments in a business enterprise or securities. Each Lender further represents that it is engaged in making, acquiring or holding commercial loans in the ordinary course of its business and has, independently and without reliance upon Administrative Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement as a Lender, and to make, acquire or hold Loans hereunder. Each Lender shall, independently and without reliance upon Administrative Agent or any other Lender and based on such documents and information (which may contain material, non-public information within the meaning of the United States securities laws concerning Borrower and its Affiliates) as it shall from time to time deem appropriate, continue to make its own decisions in taking or not taking action under or based upon this Agreement, any related agreement or any document furnished hereunder or thereunder and in deciding whether or to the extent to which it will continue as a lender or assign or otherwise transfer its rights, interests and obligations hereunder.
Independent Credit Analysis. Each Bank represents and warrants that (a) it has, independently and without reliance upon Agent, any other Bank, or the directors, officers, agents, or employees of Agent or of any other Bank, and instead in reliance upon information supplied to it by or on behalf of Borrower, and upon such other information as it has deemed appropriate, made its own independent investigation of the financial condition and affairs of Borrower and its own independent credit analysis and decision to enter into this Agreement, and (b) it shall independently and without reliance upon Agent, any other Bank, or the directors, officers, agents or employees of Agent, or of any other Bank, continue to make its own independent credit analyses and decisions in acting or not acting under the Loan Documents. Agent shall not have any duty or responsibility to make any such investigation or appraisal on behalf of Banks or provide any Bank with any credit or other information concerning the affairs, financial condition or business of Borrower which may at any time come into the possession of Agent or any of its Affiliates, unless such information shall have been delivered to Agent in writing (i) with directions to deliver the same to Banks or (ii) in satisfaction of a specific requirement of this Agreement.
Independent Credit Analysis. Each Lender agrees that it has, independently and without reliance upon Agent, any other Lender, or the directors, officers, agents, attorneys or employees of Agent or of any other Lender, and instead in reliance upon information supplied to it by or on behalf of Borrower, made its own independent credit analysis and decision to enter into this Agreement and the Loan Documents to which it is a party, and that it shall independently and without reliance upon Agent, any other Lender, or the directors, officers, agents, attorneys or employees of Agent or of any other Lender, continue to make its own independent credit analysis and decisions in acting or not acting under this Agreement and the Loan Documents. Except as otherwise expressly provided herein, Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning affairs, financial condition, litigation, liabilities, or business of Borrower or any other Loan Party which may at any time come into the possession of Agent (or any of its affiliates). Agent agrees to promptly forward to each Lender, after such Lender’s request therefor, copies of any information in the possession of Agent concerning the affairs, financial condition, litigation, liabilities, or business of Borrower or any other Loan Party which is in the possession of Agent at the time of such request, even if the relevant information was not required to be delivered by Borrower to Agent or Lenders under the terms of this Agreement. Each Lender agrees to promptly forward to Agent, after Agent’s request therefor, copies of any information in the possession of such Lender concerning the affairs, financial condition, litigation, liabilities, or business of Borrower or any other Loan Party which is in the possession of such Lender at the time of such request, even if the relevant information was not required to be delivered by Borrower to Agent or Lenders under the terms of this Agreement. In the event such information is furnished to any Lender by Agent, Agent shall have no duty to confirm or verify its accuracy or completeness and shall have no liability whatsoever with respect thereto. In the event such information is furnished by any Lender to Agent, such Lender shall have no duty to confirm or verify its accuracy or completeness and shall have no liability whatsoever with respect thereto.
Independent Credit Analysis. Each Lender agrees that it has, independently and without reliance upon Agent, any other Lender, or the directors, officers, agents, attorneys or employees of Agent or of any other Lender, and instead in reliance upon information supplied to it by or on behalf of Borrower and each other Obligor, made its own independent credit analysis and decision to enter into this Agreement and the Related Agreements to which it is a party, and that it shall independently and without reliance upon Agent, any other Lender, or the directors, officers, agents, attorneys or employees of Agent or of any other Lender, continue to make its own independent credit analysis and decisions in acting or not acting under this Agreement and the Related Agreements. Except as otherwise expressly provided herein, Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning the affairs, financial condition, litigation, liabilities, or business of Borrower or any other Obligor which may at any time come into the possession of Agent (or any of its affiliates). In the event such information is furnished to any Lender by Agent, Agent shall have no duty to confirm or verify its accuracy or completeness and shall have no liability whatsoever with respect thereto.
Independent Credit Analysis. PIMCO relies primarily on its own analysis of the credit quality and risks associated with individual debt instruments considered for the Fund, rather than relying exclusively on rating agencies or third-party research. The Fund’s portfolio managers utilize this information in an attempt to manage credit risk and/or to identify issuers, industries or sectors that are undervalued and/or offer attractive yields relative to PIMCO’s assessment of their credit characteristics. This aspect of PIMCO’s capabilities will be particularly important to the extent that the Fund invests in high yield securities and in securities of emerging market issuers.
Independent Credit Analysis. Each Lender agrees that it has, independently and without reliance upon the Agent, any other Lender, or the directors, officers, agents, attorneys or employees of Agent or of any other Lender, and instead in reliance upon information supplied to it by or on behalf of the Borrower, and upon such other information as it has deemed appropriate, made its own independent credit analysis and decision to enter into this Agreement, and that it shall independently and without reliance upon the Agent, any other Lender, or the directors, officers, agents, attorneys or employees of the Agent or of any other Lender, continue to make its own independent credit analysis and decisions, in acting or not acting under this Agreement and the other Financing Agreements. The Agent shall not have any duty or responsibility to provide any Lender with any credit or other information (other than notices received by the Agent pursuant to Sections 7.9 and 7.13, and other than such other reports and notices (including those referred to in Section 3.1), together with supporting data, as any Lender may request from time to time, all of which the Agent agrees to provide to each Lender on a prompt basis) concerning the affairs, financial condition, litigation, liabilities, or business of the Borrower which may at any time come into the possession of the Agent (or any of its Affiliates). In the event such information is furnished to any Lender by the Agent, the Agent shall have no duty to confirm or verify its accuracy or completeness and shall have no liability whatsoever with respect thereto.
Independent Credit Analysis. Each Secured Party agrees that it has, independently and without reliance on the Collateral Agent or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and decision to enter into the Transaction Documents to which it is a party, and that it will, independently and without reliance upon the Collateral Agent or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement and other Transaction Documents. The Collateral Agent shall not be required to keep itself informed as to the performance or observance by the Borrower, any Guarantor or any other Person of any of the Transaction Documents or any other document referred to or provided for therein, except as otherwise expressly required by the terms hereof or thereof, or to inspect the properties (including without limitation, the Collateral) or books of the Borrower, any Guarantor or any of their respective Affiliates. Except as expressly provided in the Collateral Documents to which it is a party, the Collateral Agent shall not have any duty or responsibility to provide any Secured Party with any credit or other information concerning the affairs, financial condition, business or property (including without limitation, the Collateral) of the Borrower, any Guarantor or any of their respective Affiliates which may come into its possession or the possession of any of its Affiliates.
