Common use of Lender Credit Decision Clause in Contracts

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 361 contracts

Samples: Credit Agreement (Computer Sciences Corp), Credit Agreement (Hershey Co), Credit Agreement (Trident Resources Corp)

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Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 120 contracts

Samples: Credit Agreement (Coca Cola Bottling Co Consolidated /De/), Credit Agreement (AEP Texas Inc.), Credit Agreement (Coca Cola Bottling Co Consolidated /De/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(e) and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 99 contracts

Samples: Credit Agreement (Entergy New Orleans Inc), Day Credit Agreement, Credit Agreement (Atlantic City Electric Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 60 contracts

Samples: Credit Agreement (Itc Deltacom Inc), Credit Agreement (Triple Crown Media, Inc.), Credit Agreement (Itc Deltacom Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.1(f) and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 16 contracts

Samples: Credit Agreement (Interstate Power & Light Co), Credit Agreement (Alliant Energy Corp), Credit Agreement (Alliant Energy Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.9 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 15 contracts

Samples: Credit and Guaranty Agreement (Gerber Scientific Inc), Credit and Guaranty Agreement (Gerber Scientific Inc), Credit Agreement (Tweeter Home Entertainment Group Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 3.1(e) and the representations and warranties contained in Sections 3.1 and 3.2 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 13 contracts

Samples: Credit Agreement (Boeing Capital Corp), Credit Agreement (Boeing Capital Corp), Credit Agreement (Boeing Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Designated Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(c) and such other 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 the Designated 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 decisions in taking or not taking action under this Agreement.

Appears in 13 contracts

Samples: Credit Agreement (Walt Disney Co/), 364 Day Credit Agreement (Walt Disney Co), 364 Day Credit Agreement (Walt Disney Co/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(f) and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 12 contracts

Samples: Credit Agreement (Alliant Energy Corp), Day Credit Agreement (Alliant Energy Corp), Day Credit Agreement (Alliant Energy Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 11 contracts

Samples: Credit Agreement (Exelon Corp), Loan Agreement (CapLease, Inc.), Loan Agreement (Omnipoint Corp \De\)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 6.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 10 contracts

Samples: First Lien Senior Secured Credit Agreement (Terremark Worldwide Inc), Credit Agreement (Project Angel Parent, LLC), Assignment and Assumption (Project Angel Parent, LLC)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and 5.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 9 contracts

Samples: Credit Agreement (Spectra Energy Partners, LP), Credit Agreement (Spectra Energy Corp.), Credit Agreement (Spectra Energy Corp.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 prepared by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 9 contracts

Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Ap Holdings Inc), Credit Agreement (Illinois Tool Works Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 9 contracts

Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Sensata Technologies Holding N.V.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and upon such other 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 the Agent or any other Lender and based on upon such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 9 contracts

Samples: Term Loan Agreement (Shurgard Storage Centers Inc), Loan Agreement (Spacelabs Medical Inc), Loan Agreement (Shurgard Storage Centers Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.4 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 8 contracts

Samples: Credit and Guaranty Agreement (Concordia Healthcare Corp.), Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Lannett Co Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 prepared by Borrower and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 8 contracts

Samples: Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc), Term Loan Agreement (Pepco Holdings Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other documents and information as it has deemed appropriateLender, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 8 contracts

Samples: Revolving Credit Agreement (Alon USA Energy, Inc.), Revolving Credit Agreement (Alon USA Energy, Inc.), Revolving Credit Agreement (Alon USA Energy, Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this AgreementAgreement or any other Loan Document.

Appears in 8 contracts

Samples: Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America), Credit Agreement (Packaging Corp of America)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(e) and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 8 contracts

Samples: Credit Agreement (System Energy Resources Inc), Credit Agreement (System Energy Resources Inc), Credit Agreement (Coca Cola Enterprises Inc)

Lender Credit Decision. Each Lender acknowledges that ---------------------- it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 8 contracts

Samples: Credit Agreement (C Quential Inc), Day Credit Agreement (Agilent Technologies Inc), Credit Agreement (International Flavors & Fragrances Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on publicly available information relating to the Borrower, the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 8 contracts

Samples: Year Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Year Credit Agreement (Williams Companies Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 3.1(e) and the representations and warranties contained in Section 3.1 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 6 contracts

Samples: Credit Agreement (Boeing Capital Corp), Credit Agreement (Boeing Co), Credit Agreement (Boeing Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 6 contracts

Samples: Loan and Security Agreement (Aviza Technology, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Nextg Networks Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the either Agent or any other Lender and based on the financial statements referred to in Section 4.01 7.7 of this Agreement and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 6 contracts

Samples: Financing Agreement (Impsat Fiber Networks Inc), Financing Agreement (Nortel Networks LTD), Financing Agreement (Impsat Fiber Networks Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 3.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 5 contracts

Samples: Credit Agreement (U.S. Well Services, Inc.), Credit Agreement (Crestview Partners III GP, L.P.), Credit Agreement (U.S. Well Services, Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 7.1.10 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 5 contracts

Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Northwestern Steel & Wire Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 5.4 hereof and such other 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 the Agent Agents 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 decisions in taking or not taking action under this AgreementAgreement and the Notes.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Tidewater Inc), Term Loan Agreement (Tidewater Inc), Credit and Term Loan Agreement (Tidewater Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the either Agent or any other Lender and based on the financial statements referred to in Section 4.01 submitted by the Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Servicemaster LTD Partnership), Credit Agreement (Servicemaster LTD Partnership), Assignment Agreement (Servicemaster Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any Mandated Lead Arranger and Bookrunner, or any other Lender and based on the financial statements referred to in Section 4.01 4.1 and such other 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 the Agent any Agent, any Mandated Lead Arranger and Bookrunner, 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 decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Philip Morris International Inc.), Credit Agreement (Altria Group Inc), Credit Agreement (Philip Morris International Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon either the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Viad Corp), Credit Agreement (Dial Corp /New/), Credit Agreement (Viad Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon on the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 Sections 5.5 and 6.4 and such other 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 on the Administrative Agent or any other Lender and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to to, and the representations and warranties contained, in Section 4.01 and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Hormel Foods Corp /De/), Revolving Credit Agreement (Hormel Foods Corp /De/), Credit Agreement (Hormel Foods Corp /De/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.1(a)(v) and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Northwest Airlines Corp), Credit Agreement (Frontier Airlines Inc /Co/), Credit Agreement (Northwest Airlines Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender Holder and based on the financial statements Financial Statements referred to in Section 4.01 3.4 and such other documents and information as it has deemed appropriate, made its own credit and financial analysis of the Borrower and its own decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agent or any other Lender Holder and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp), Credit Agreement (Synnex Corp)

Lender Credit Decision. Each Lender acknowledges that it ---------------------- has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Panolam Industries Inc), Year Credit Agreement (Amvescap PLC/London/), 364 Day Credit Agreement (Kroger Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.04 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (K-Sea Transportation Partners Lp), Bridge Credit Agreement (Parker Hannifin Corp), Loan and Security Agreement (K-Sea Transportation Partners Lp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(c) and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Year Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender Lender, and based on the financial statements referred to in Section 4.01 4.4 hereof and such other 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 the Administrative 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Papers.

Appears in 3 contracts

Samples: Credit Agreement (Franchise Finance Corp of America), Credit Agreement (Franchise Finance Corp of America), Credit Agreement (Franchise Finance Corp of America)

Lender Credit Decision. Each Lender ---------------------- acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.05 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Mexican Economic Development Inc), Credit Agreement (Mexican Economic Development Inc), Credit Agreement (Carriage Services Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (New England Electric System), Credit Agreement (New England Electric System), Credit Agreement (New England Electric System)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.6 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Quixote Corp), Loan Agreement (Act Iii Theatres Inc), Loan Agreement (Act Iii Theatres Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(f) and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Term Loan Agreement (Commonwealth Edison Co), Pledge and Security Agreement (Inamed Corp), Credit Agreement (Laboratory Corp of America Holdings)

Lender Credit Decision. Each Lender acknowledges that ---------------------- it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Cytec Industries Inc/De/), Day Credit Agreement (Cytec Industries Inc/De/), Day Credit Agreement (Cytec Industries Inc/De/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.03 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (FMC Corp), Credit Agreement (FMC Corp), Term Loan Agreement (FMC Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.4 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)

Lender Credit Decision. Each Lender acknowledges that ---------------------- it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\), Loan Agreement (Omnipoint Corp \De\)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agents or any other Lender and based on the Information Memorandum and other financial statements information referred to in Section 4.01 Sections 6.01(f) and (g) and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Northeast Utilities System), Credit Agreement (Northeast Utilities), Collateral Agency Agreement (Northeast Utilities System)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agent, any Joint Lead Arranger or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Agent Agent, any Joint Lead Arranger, 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Syndicated Facility Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De), Reaffirmation Agreement (Sealed Air Corp/De)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.03 and such other 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 the any 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 decisions in taking or not taking action under this Agreement. SECTION 8.05.

Appears in 3 contracts

Samples: Credit Agreement (FMC Corp), Credit Agreement (FMC Corp), Credit Agreement (FMC Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 8.04 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Collateral Agent or any other Lender and based on the financial statements referred to in Section 4.01 herein and such other 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 the Collateral 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Senior Secured Loan Agreement (Ugly Duckling Corp), Senior Secured Loan Agreement (Drivetime Automotive Group Inc), Senior Secured Loan Agreement (Ugly Duckling Corp)

Lender Credit Decision. Each Lender acknowledges that ---------------------- it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit Agreement (Panamsat Corp /New/), Day Credit Agreement (Sprint Corp), Year Credit Agreement (Sprint Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.04 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Credit and Security Agreement (Marinemax Inc), Credit and Security Agreement (Marinemax Inc), Credit and Security Agreement (Marinemax Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(h) and such other 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 the Agent or any other Lender and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Integrated Health Services Inc), Revolving Credit Agreement (Integrated Health Services Inc), Credit and Term Loan Agreement (Integrated Health Services Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Facility Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the any Facility 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Authentic Fitness Corp), Credit Agreement (Authentic Fitness Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the either Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(f) and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Agco Corp /De), Credit Agreement (Agco Corp /De)

Lender Credit Decision. Each Lender ---------------------- acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Day Credit Agreement (Kroger Co), Year Credit Agreement (Kroger Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 7 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Pampa Energy Inc.), PCT LLC

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.03 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.. SECTION 8.05

Appears in 2 contracts

Samples: Term Loan Agreement Term Loan Agreement (FMC Corp), Term Loan Agreement Term Loan Agreement (FMC Corp)

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Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 4.01(f) and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Louisville Gas & Electric Co /Ky/, Louisville Gas & Electric Co /Ky/

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Collateral Agent or any other Lender and based on the financial statements referred to in Section 4.01 information provided by the Company and its Subsidiaries and such other 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 the Collateral 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 decisions in taking or not taking action under this AgreementAgreement and the Collateral Documents.

Appears in 2 contracts

Samples: Borrowing Subsidiary Agreement (Photronics Inc), Collateral Sharing Agreement (Ag-Chem Equipment Co Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 or 4.02 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Amr Corp), Aircraft Security Agreement (Amr Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Collateral Agent or any other Lender and based on the financial statements referred to in Section 4.01 information provided by the Company and the Credit Parties and such other 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 the Collateral 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 decisions in taking or not taking action under this AgreementAgreement and the Collateral Documents.

Appears in 2 contracts

Samples: Intercreditor Agreement (United Stationers Inc), Intercreditor Agreement (United Stationers Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.1 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Term Loan Agreement (Applera Corp), El Paso Corp/De

Lender Credit Decision. Each Lender acknowledges and agrees that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 7.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges and agrees that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Cardtronics LP), Credit Agreement (Axia Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agent, any Arranger or any other Lender and based on the financial statements referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Agent Agent, any Arranger 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 decisions in taking or not taking action under this AgreementAgreement or any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Southern Power Co), Credit Agreement (Southern Power Co)

Lender Credit Decision. Each Lender acknowledges that it ---------------------- has, independently and without reliance upon the any Agent or Agent Related Person or any other Lender and based on the financial statements referred to in Section 4.01 ------- 3.01 and such other 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 the any Agent or Agent Related Person 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Global Crossing LTD), Credit Agreement (Globenet Communications Group LTD)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.6(a) and Section 4.6(b) and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Reimbursement Agreement (Renaissancere Holdings LTD), Reimbursement Agreement (Renaissancere Holdings LTD)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.4 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Dimon Inc), Credit Agreement (Dimon Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender and each Issuing Lender also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Bottling Group LLC), Credit Agreement (Pepsi Bottling Group Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 prepared by the Company and its Subsidiaries and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Sharing Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred delivered to the Agent in Section 4.01 accordance with this Agreement and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Procter & Gamble Co), Day Revolving Credit Agreement (Procter & Gamble Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 Financial Statements and such other 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 willshall, independently and without reliance upon the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Brigham Exploration Co), Subordinated Credit Agreement (Brigham Exploration Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agent, the Issuing Bank or any other Lender and based on the financial statements referred to in Section 4.01 6.01 and such other 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 the Agent Agent, the Issuing Bank 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Gap Inc), Credit Agreement (Gap Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon either the Administrative Agent or the Collateral Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(f) and such other 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 the Administrative Agent, the Collateral 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Term Credit Agreement (Andrews Group Inc /De/), Revolving Credit Agreement (Andrews Group Inc /De/)

Lender Credit Decision. Each Lender acknowledges ---------------------- that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the any 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Year Credit Agreement (Kroger Co), Year Credit Agreement (Kroger Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Memc Electronic Materials Inc)

Lender Credit Decision. Each Lender and Issuing Bank acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement. Each Lender and Issuing Bank also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Assignment and Assumption (Travelers Companies, Inc.), Assignment and Assumption (Travelers Companies, Inc.)

Lender Credit Decision. Each Lender acknowledges that ---------------------- it has, independently and without reliance upon the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 and such other documents and information as it has deemed appropriateLender, made its own credit analysis and decision to enter into this Agreement. Each Lender also acknowledges that it will, independently and without reliance upon the Agent Agents 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Financing Agreement (McNaughton Apparel Group Inc), Financing Agreement (Norton McNaughton Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agent, the Arranger or any other Lender and based on the financial statements referred to in Section 4.01 4.1(f) and such other 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 the Agent Agent, the Arranger 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Alliant Energy Corp), Term Loan Credit Agreement (Alliant Energy Corp)

Lender Credit Decision. Each Lender acknowledges that it ----------------------- has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(c)(i) and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Dc Holdco Inc), Dc Holdco Inc

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to to, and the representations and warranties contained, in Section 4.01 Article IV and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the any Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon on the Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.5 and such other 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 on the Agent or any other Lender and based on such documents and information as it shall deem deems appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (THQ Inc), Revolving Credit Agreement (THQ Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.. 66

Appears in 2 contracts

Samples: Credit Agreement (DTE Electric Co), Credit Agreement (DTE Electric Co)

Lender Credit Decision. Each Lender acknowledges that it ---------------------- has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Day Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the an Agent or any other Lender and based on the financial statements referred to in Section 4.01 6.3 and such other 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 the an 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Integrated Packaging Assembly Corp), Loan and Security Agreement (Integrated Packaging Assembly Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 5(d) of the Support Agreement and such other 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 the 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 decisions in taking or not taking action under this Agreement. SECTION 7.05.

Appears in 2 contracts

Samples: Day Credit Agreement (Ies Utilities Inc), Year Credit Agreement (Ies Utilities Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 7.6 and such other 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 the Agent Agents 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Delphi Financial Group Inc/De), Credit Agreement (Delphi Financial Group Inc/De)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agents or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Agent Agents 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 decisions in taking or not taking action under this AgreementAgreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Macquarie Infrastructure CO Trust), Credit Agreement (Macquarie Infrastructure CO Trust)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agent, any Issuer or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Agent Agent, any Issuer 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Security Agreement (Whole Foods Market Inc), Million Revolving Credit Agreement (Whole Foods Market Inc)

Lender Credit Decision. Each Lender acknowledges that it ---------------------- has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.01(c)(i) and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Walt Disney Co/), Credit Agreement (Walt Disney Co/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 4.06 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Meristar Hospitality Corp), Credit Agreement (Channell Commercial Corp)

Lender Credit Decision. Each Lender acknowledges that it has, ---------------------- independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.1 and such other 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 the 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Brookstone Inc), Credit Agreement (Brookstone Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 5.4 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Equity Bridge Credit and Guaranty Agreement (Concordia Healthcare Corp.), Two Year Equity Bridge Credit and Guaranty Agreement (Concordia Healthcare Corp.)

Lender Credit Decision. Each Lender acknowledges that it has, ---------------------- independently and without reliance upon the Agent or any other Lender and based on the financial statements referred to in Section 4.01 prepared by the Borrower and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this AgreementAgreement and the other Credit Documents. Each Lender also acknowledges that it will, independently and without reliance upon the 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 decisions in taking or not taking action under this AgreementAgreement and the other Credit Documents.

Appears in 2 contracts

Samples: Assignment Agreement (Gardner Denver Inc), Assignment Agreement (Gardner Denver Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Agent Agent, any Issuing Bank or any other Lender and based on the financial statements referred to in Section 4.01 6.01(f) and such other 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 the Agent Agent, any Issuing Bank 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Gap Inc), Credit Agreement (Gap Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements referred to in Section 4.01 and such other 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 the Administrative 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 decisions in taking or not taking action under this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ubiquiti Networks, Inc.), Loan and Security Agreement (Ubiquiti Networks, Inc.)

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