Independent Decisions. It has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for it based upon its own judgment and upon advice from such advisers as it has deemed necessary. It is not relying on any advice, counsel, or representation of the other party as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from the other party shall be deemed to be an assurance or guarantee as to expected results of that Transaction.
Independent Decisions. Borrower has or shall have consulted with its advisors with respect to the legal, regulatory, financial reporting, tax, ERISA and accounting treatment of the Transaction, including with respect to use of proceeds from any Advance, prior to entering into the Agreement, and has made its own independent decision with respect to such legal, regulatory, financial reporting, tax, ERISA and accounting treatment and has not relied upon Agent or Lender in making such decision.
Independent Decisions. ..16 Section 3.8 Turnover of Prohibited Transfers........................17 Section 3.9 Effectiveness During Insolvency Proceeding..............17 Section 3.10 Amendments..............................................17 Section 3.11 Limitation on Declaring Defaults........................17 Section 3.12 Duration and Termination; Payment Invalidated...........17 Section 3.13 Notice of BH/PIK Lenders Interests......................18 Section 3.14
Independent Decisions. 39 44. Glossary........................................................ 40 INDEX TO ATTACHMENTS AND SCHEDULES ATTACHMENT NO. DESCRIPTION SECTION REFERENCES
Independent Decisions. Purchaser has made its own independent judgment --------------------- of the commercial potential, condition and usefulness of the 76 Assets, taking into consideration all current environmental laws and requirements and the likelihood that such laws and requirements will change in the future. Purchaser has such knowledge and experience in business and financial affairs in general, and of the oil refining business as conducted and regulated in California in particular, as to be capable of evaluating the merits and risks of purchasing the 76 Assets, taking into account the accuracy of the representations and warranties contained in Section 13 hereof, and also the accuracy of the information provided to Purchaser during the due diligence period.
Independent Decisions. Each Intercreditor Party has, independently and without reliance on any other Intercreditor Party, and in reliance upon information supplied to it by the Company and upon such other information as it has deemed appropriate, has made its own independent decision to enter into the Credit Documents and to make the extensions of credit contemplated thereunder; and each Intercreditor Party shall, independently and without reliance upon any other Intercreditor Party, continue to make its own independent analysis and decisions in acting or not acting under such Credit Documents and this Agreement.
Independent Decisions. Each Lender expressly acknowledges --------------------- that neither of the Agents nor any of their respective officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of the Company, shall be deemed to constitute any representation or warranty by either Agent to any Lender. Each Lender represents to the Agents that it has, independently and without reliance upon either of the Agents or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Company and made its own decision to make its Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon either Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent under the Loan Documents, neither Agent shall have any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Company which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.
Independent Decisions. LCF will not seek to influence SG’s professional judgment or otherwise exert control over any threatened or actual litigation, including the Claims. Further, LCF will not control, constrain, coerce, or otherwise pressure SG or Claim Owner to take any action, including negotiating or settling the Claims.
Independent Decisions. Seller has made its own independent decisions to enter into that Transaction and as to whether that Transaction is appropriate or proper for Seller based upon Seller’s own judgment and upon advice from such advisers as Seller has deemed necessary. Seller is not relying on any advice, counsel, or representation of Buyer as investment advice or as a recommendation to enter into that Transaction; it being understood that information and explanations related to the terms and conditions of a Transaction shall not be considered investment advice or a recommendation to enter into that Transaction. No communication (written or oral) received from Buyer shall be deemed to be an assurance or guarantee as to expected results of that Transaction.
Independent Decisions. The Issuer has or shall have consulted with its advisors with respect to the financial reporting, tax, ERISA and accounting treatment of the Transaction, including with respect to use of proceeds from any Drawdown in respect of the Note, prior to entering into the Agreement, and has made its own independent decision with respect to such financial reporting, tax, ERISA and accounting treatment and has not relied upon the Noteholder in making such decision.
