Common use of Lack of Reliance on the Collateral Agent Clause in Contracts

Lack of Reliance on the Collateral Agent. Each of the Senior Parties expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents or attorneys-in-fact has made any representations or warranties to it and that no act by the Collateral Agent hereafter taken, including, without limitation, any review of the Facility or of the affairs of the Company, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Senior Party. Each Senior Party (other than the Trustee) represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or any other Senior Party, 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 Facility and the Company. Each Senior Party (other than the Trustee) also represents that it will, independently and without reliance upon the Collateral Agent or any other Senior Party, 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 Facility and the Company. Except for notices, reports and other documents expressly required to be furnished to the Senior Parties by the Collateral Agent hereunder, the Collateral Agent shall not have any duty or responsibility to provide any Senior Party with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Facility and the Company which may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents or attorneys-in-fact.

Lack of Reliance on the Collateral Agent. Each of the Senior Secured Parties expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents or agents, attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Collateral Agent hereafter hereinafter taken, including, without limitation, any review of the Facility or of the affairs of the CompanyBorrower, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Senior Secured Party. Each Senior Secured Party (other than the Trustee) represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or any other Senior Secured Party, 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 Facility Borrower and made its own decision to enter into this Agreement, the other Security Documents, and the CompanyLoan Documents, as the case may be. Each Senior Secured Party (other than the Trustee) also represents that it will, independently and without reliance upon the Collateral Agent or any other Senior Secured Party, 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, the other Security Documents, and the Loan Documents, as the case may be, 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 Facility and the CompanyBorrower. Except for notices, reports and other documents expressly required to be furnished to the Senior Secured Parties by the Collateral Agent hereunder, the Collateral Agent shall not have any duty or responsibility to provide any Senior Secured Party with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Facility and the Company Borrower which may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents or agents, attorneys-in-factfact or affiliates.

Lack of Reliance on the Collateral Agent. Each of the Senior Parties expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents or attorneys-in-fact has made any representations or warranties to it and that no act by the Collateral Agent hereafter taken, including, without limitation, any review of the Facility or of the affairs of the Company, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Senior Party. Each Senior Party (other than the Trusteea) represents to the Collateral Agent that it has, independently Independently and without reliance upon the Collateral Agent or any other Senior PartyCreditor, each Creditor represents to the Collateral Agent and each of the other Creditors that, as of the date of this Agreement, such Creditor has made (i) its own independent investigation of the financial condition and affairs of the Borrower and its Subsidiaries based on such documents and information as it has deemed appropriateappropriate in connection with the taking or not taking of any action in connection herewith, made and (ii) its own appraisal of and investigation into the business, operations, property, financial and other condition and creditworthiness of the Facility Borrower and the Companyits Subsidiaries. Each Senior Party (other than the Trustee) Creditor also represents acknowledges that it will, independently and without reliance upon the Collateral Agent or any other Senior Party, Person 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 Agreement or the business, operations, property, financial and other condition and creditworthiness of the Facility and the CompanySecurity Instruments. Except for notices, reports and other documents as expressly required to be furnished to the Senior Parties by the Collateral Agent hereunderprovided in this Agreement, the Collateral Agent shall not have any no duty or responsibility responsibility, either initially or on a continuing basis, to provide any Senior Party Creditor with any credit or other information concerning the business, operations, propertyaffairs, financial and other condition or creditworthiness business of the Facility and the Company Borrower or any of its Subsidiaries which may come into the possession of the Collateral Agent or any of its officersaffiliates whether now in its possession or in its possession at any time or times hereafter; and the Collateral Agent shall not be required to keep itself informed as to the performance or observance by the Borrower or its Subsidiaries of this Agreement, directorsany Security Instrument or any other document referred to or provided for herein or to inspect the Properties or books of Borrower or any of its Subsidiaries. Notwithstanding foregoing, employeesBorrower expressly agrees that Collateral Agent and any Creditor shall have the right, agents but not the obligation, to provide to any other party to this Agreement any information whatsoever concerning Borrower, either provided by Borrower, or attorneys-in-factotherwise obtained. Borrower releases Collateral Agent and the Creditors from any liability arising from the release or disclosure of information pertaining to Borrower by any of those parties to the other parties hereto.

Lack of Reliance on the Collateral Agent. Each of the Senior Secured Parties expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents or attorneys-in-fact has made any representations or warranties to it and that no act by the Collateral Agent hereafter hereinafter taken, including, without limitation, any review of the Facility or of the affairs of the CompanyObligor Parties, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Senior Secured Party. Each Senior Secured Party (other than the Trustee) represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or any other Senior Secured Party, 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 Facility and the CompanyObligor Parties. Each Senior Secured Party (other than the Trustee) also represents that it will, independently and without reliance upon the Collateral Agent or any other Senior Secured Party, 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 Facility and the CompanyObligor Parties. Except for notices, reports and other documents expressly required to be furnished to the Senior Secured Parties by the Collateral Agent hereunder, the Collateral Agent shall not have any duty or responsibility to provide any Senior Secured Party with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Facility and the Company Obligor Parties which may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents or attorneys-in-fact.

Lack of Reliance on the Collateral Agent. Each of the Senior Secured Parties expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents or attorneys-in-fact has made any representations or warranties to it and that no act by the Collateral Agent hereafter taken, including, without limitation, including any review of the Facility Energy Complex or of the affairs of the CompanyMobile Energy Parties, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Senior Secured Party. Each Senior Secured Party (other than the Indenture Trustee and the Tax-Exempt Indenture Trustee) represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or any other Senior Secured Party, and based on upon 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 Facility Energy Complex and the CompanyMobile Energy Parties. Each Senior Secured Party (other than the Indenture Trustee and the Tax-Exempt Indenture Trustee) also represents that it will, independently and without reliance upon the Collateral Agent or any other Senior Secured Party, and based on upon 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 Facility Energy Complex and the CompanyMobile Energy Parties. Except for notices, reports and other documents expressly required to be furnished to the Senior Secured Parties by the Collateral Agent hereunder, the Collateral Agent shall not have any duty or responsibility to provide any Senior Secured Party with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Facility Energy Complex and the Company which Mobile Energy Parties that may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents or attorneys-in-fact.

Lack of Reliance on the Collateral Agent. Each of the Senior Parties expressly acknowledges that neither the Collateral Agent nor any of its officers, directors, employees, agents or attorneys-in-fact has made any representations or warranties to it and that no act by the Collateral Agent hereafter hereinafter taken, including, without limitation, any review of the Facility Project or of the affairs of the CompanyPartnership, shall be deemed to constitute any representation or warranty by the Collateral Agent to any Senior Party. Each Senior Party (other than the Trustee) represents to the Collateral Agent that it has, independently and without reliance upon the Collateral Agent or any other Senior Party, 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 Facility Project and the CompanyPartnership. Each Senior Party (other than the Trustee) also represents that it will, independently and without reliance upon the Collateral Agent or any other Senior Party, 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 Facility Project, the Authority and the CompanyPartnership. Except for notices, reports and other documents expressly required to be furnished to the Senior Parties by the Collateral Agent hereunder, the Collateral Agent shall not have any duty or responsibility to provide any Senior Party with any credit or other information concerning the business, operations, property, financial and other condition or creditworthiness of the Facility and Project, the Company Partnership which may come into the possession of the Collateral Agent or any of its officers, directors, employees, agents or attorneys-in-fact.