Common use of Lack of Reliance on Agent and Resignation Clause in Contracts

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Document, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other Person. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except to the extent, if any, expressly required in this Agreement. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other Person, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents, the Collateral, or the financial condition of any Loan Party or any other Person, or the existence of any Event of Default or any Default.

Appears in 4 contracts

Samples: Loan and Security Agreement (American Outdoor Brands, Inc.), Loan and Security Agreement (Primo Water Corp), Loan and Security Agreement (Castle a M & Co)

AutoNDA by SimpleDocs

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any the Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Except as set forth in Section 14.9, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except to the extent, if any, expressly required in this Agreementthereafter. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other other Loan Document, the Collateral, or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents, the Collateral, Loan Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default.

Appears in 3 contracts

Samples: Loan and Security Agreement (Marketwise, Inc.), Loan and Security Agreement (Veeco Instruments Inc), Loan and Security Agreement (Marketwise, Inc.)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the extent, if any, expressly required in this Agreementterms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability collectibility or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default.

Appears in 2 contracts

Samples: Loan and Security Agreement (Edgen Louisiana CORP), Loan and Security Agreement (Brown Jordan International Inc)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the extent, if any, expressly required in this Agreementterms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability collectibility or sufficiency of this Agreement or any Other Document, or value of, or the Collateral, perfection or priority of any lien or any security interests or the security interests created or purported to be created under or in connection with this Agreement or any Other Documents or the Ancillary Agreements or any other instrument or document furnished pursuant thereto or the Existing Agreement or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNote(s), the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default, whether hereunder or under the Existing Agreement or the Ancillary Agreements.

Appears in 1 contract

Samples: Loan and Security Agreement (Jaco Electronics Inc)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender or Term Lender, each Lender and Term Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances and Term Loan hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender or Term Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or the Term Loan or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the extent, if any, expressly required in this Agreementterms hereof. Agent shall not be responsible to any Lender or Term Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Financing Agreement (Rafaella Apparel Group,inc.)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the extent, if any, expressly required in this Agreementterms hereof. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability collectibility or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Financing Agreement (Verrazano,inc.)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Credit Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonCredit Party. Except as set forth in Section 14.9, Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except to the extent, if any, expressly required in this Agreementthereafter. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability collectibility or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other PersonCredit Party, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonCredit Party, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Financing Agreement (Cpac Inc)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i1) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Document, and (ii2) its own appraisal of the creditworthiness of each Loan Party and each other Person. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except to the extent, if any, expressly required in this Agreement. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other Person, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents, the Collateral, or the financial condition of any Loan Party or any other Person, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Loan and Security Agreement (American Outdoor Brands, Inc.)

AutoNDA by SimpleDocs

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer Agent or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances Term Loans hereunder and the taking or not taking of any action in connection with this Agreement or any Other Document, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other Person. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances Term Loans or at any time or times thereafter except to the extent, if any, expressly required in this Agreement. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other Person, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteTerm Notes, the Other Documents, the Collateral, or the financial condition of any Loan Party or any other Person, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Forbes Energy Services Ltd.)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except to the extent, if any, expressly required in this Agreement. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Velocity Express Corp)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender or Term Lender, each Lender and Term Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances and Term Loans hereunder and the taking or not taking of any action in connection with this Agreement or any Other Documentherewith, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other PersonParty. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender or Term Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or the Term Loans or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the extent, if any, expressly required in this Agreementterms hereof. Agent shall not be responsible to any Lender or Term Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other PersonParty, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the NoteNotes, the Other Documents, the Collateral, Documents or the financial condition of any Loan Party or any other PersonParty, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Financing Agreement (Rafaella Apparel Group,inc.)

Lack of Reliance on Agent and Resignation. (a) Independently and without reliance upon Agent, any Issuer or any other Lender, each Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party and each other Person in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection with this Agreement or any Other Document, and (ii) its own appraisal of the creditworthiness of each Loan Party and each other Person. Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before making of the Advances or at any time or times thereafter except to the extent, if any, expressly required in this Agreement. Agent shall not be responsible to any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement delivered in connection with or for the execution, effectiveness, genuineness, validity, enforceability, perfection, priority, collectability collectibility or sufficiency of this Agreement or any Other Document, the Collateral, or of the financial condition of any Loan Party or any other Person, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement, the Note, the Other Documents, the Collateral, or the financial condition of any Loan Party or any other Person, or the existence of any Event of Default or any Default.

Appears in 1 contract

Samples: Loan and Security Agreement (Winnebago Industries Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.