Common use of Lack of Reliance on Agent Clause in Contracts

Lack of Reliance on Agent. Independently and without reliance upon 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 Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan Party, or the existence of any Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Borrower pursuant to the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan PartyBorrower, or the existence of any Event of Default or any Default.. [PHI Group] Revolving Credit, Term Loan and Security Agreement

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Borrower or Guarantor pursuant to the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan PartyBorrower or any Guarantor, or the existence of any Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon the 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan Party, or the existence of any Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Credit Party pursuant to the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any GuarantorCredit 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 or the financial condition or prospects of any Loan Credit Party, or the existence of any Event of Default or any Default.

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

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan Party, or the existence of any Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Borrower pursuant to 106 147420493 the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan PartyBorrower, or the existence of any Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon any Agent or any other Lender, each Lender, each Issuer and the Swing Loan Lender has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of each Loan Party Borrower and each Guarantor in connection with the making and the continuance of the Advances and the Letters of Credit hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. No Agent shall have no any duty or responsibility, either initially or on a continuing basis, to provide any Lender, any Issuer or the Swing Loan Lender with any credit or other 127 information with respect thereto, whether coming into its possession before making of the Advances or Letters of Credit or at any time or times thereafter except as shall be provided by any Loan Party Borrower pursuant to the terms hereof. No Agent shall not be responsible to any Lender, the Issuer or the Swing Loan 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, collectability or sufficiency of this Agreement or any Other other Credit Document, or of the financial condition of any Borrower or any Guarantor, 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 other Credit Documents or the financial condition or prospects of any Loan PartyBorrower or any Guarantor, or the existence of any Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon the Agent or any other the Arranger, the Fronting Bank and each Lender, each Lender to the extent it deems appropriate, has made and shall continue to make (ia) its own independent investigation of the financial condition and affairs of each Loan Party and each Guarantor the Borrower in connection with the making its execution and the continuance delivery of the Advances hereunder this Agreement and the taking or not taking of any action in connection herewith, herewith and (iib) its own appraisal of the creditworthiness of each the Borrower and each Guarantor. and, except as expressly provided in this Agreement, the Agent shall not have no any duty or responsibility, either initially or on a continuing basis, to provide the Arranger, the Fronting Bank or any Lender with any credit or other information with respect thereto, whether coming into its possession before making the payment of the Advances Reimbursement Amounts or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the terms hereofthereafter. The Agent shall not be responsible to the Arranger, the Fronting Bank or any Lender for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability perfection, collectibility, priority or sufficiency of this Agreement or any Other Document, other Financing Document or of the financial condition of any the Borrower or any Guarantor, or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementAgreement or any other Financing Document, the Note, the Other Documents or the financial condition or prospects of any Loan Party, the Borrower or the existence or possible existence of any Default or Event of Default or any Default.

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Borrower pursuant to the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan PartyBorrower, or the existence of any Event of Default or any Default.. 118

Lack of Reliance on Agent. Independently and without reliance upon Agent or any other Lenderthe Agent, each Lender Bank, to the extent it deems appropriate, has made and shall continue to make (ia) its own independent investigation of the financial or other condition and affairs of each Loan Party and each Guarantor the Borrower in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, herewith and (iib) its own appraisal of the creditworthiness of each Borrower and each Guarantor. the Borrower, and, except as expressly provided in this Agreement, the Agent shall have no duty or responsibility, either initially or on a continuing basis, to provide any Lender Bank with any credit or other information with respect thereto, whether coming into its possession before the making of the Advances any Advance, issuing any Letters of Credit, or creating an Acceptance or at any time or times thereafter except as shall be provided by any Loan Party pursuant to the terms hereofthereafter. The Agent shall not be responsible to any Lender Bank for any recitals, statements, information, representations or warranties herein or in any agreement, document, certificate or a statement other writing delivered in connection with herewith or for the execution, effectiveness, genuineness, validity, enforceability, collectability collectibility, priority or sufficiency of this Agreement or any Other Document, or of the other Loan Documents or the financial or other condition of any the Borrower or any Guarantor, or . The Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this AgreementAgreement or any other Loan Document, the Note, the Other Documents or the financial condition of the Borrower or prospects of any Loan PartyGuarantor, or the existence or possible existence of any Default or Event of Default or any Default, unless specifically requested to do so in writing by a Bank.

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Borrower or Guarantor pursuant to the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan PartyBorrower or any Guarantor, or the existence of any Event of Default or any Default.. 143

Lack of Reliance on Agent. Independently and without reliance upon 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 Borrower and each Guarantor in connection with the making and the continuance of the Advances hereunder and the taking or not taking of any action in connection herewith, and (ii) its own appraisal of the creditworthiness of each Borrower and each Guarantor. 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 Borrower pursuant to the terms 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, collectability or sufficiency of this Agreement or any Other Document, or of the financial condition of any Borrower or any Guarantor, 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 or the financial condition or prospects of any Loan PartyBorrower, or the existence of any Event of Default or any Default.. 14.4