Common use of Lender Credit Decision Clause in Contracts

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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 107 contracts

Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc), Credit Agreement (Lennar Corp /New/), Credit Agreement (Inland Real Estate Corp)

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Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 85 contracts

Samples: Credit Agreement (Rli Corp), Credit Agreement (Magnetek Inc), Credit Agreement (Sei 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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 83 contracts

Samples: Assignment Agreement (General Dynamics Corp), Term Loan Agreement (Oge Energy Corp.), Credit Agreement (First Cash Financial Services Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 60 contracts

Samples: Term Loan Credit Agreement (Idacorp Inc), Term Loan Credit Agreement, Credit Agreement (Clarcor 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 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 the Agreement and the other Loan Documents. 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 the Agreement and the other Loan Documents.

Appears in 26 contracts

Samples: Credit Agreement (Inland American Real Estate Trust, Inc.), Credit Agreement (Glimcher Realty Trust), Credit Agreement (Inland Western Retail Real Estate Trust Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 23 contracts

Samples: Credit Agreement (Atlantic City Electric Co), Assignment Agreement (Kelly Services Inc), Assignment Agreement (Kelly Services 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 prepared by Financial Statements and the Borrower Interim 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 and the other Loan DocumentsAgreement. Each Lender also acknowledges that it willshall, 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 and the other Loan DocumentsAgreement.

Appears in 15 contracts

Samples: Pledge Agreement (Cano Petroleum, Inc), Credit Agreement (Resaca Exploitation, Inc.), Credit Agreement (Resaca Exploitation, Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 15 contracts

Samples: Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc), Credit Agreement (Trimble Navigation LTD /Ca/)

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 prepared by the Borrower and upon 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 13 contracts

Samples: Credit and Security Agreement (Sungard Capital Corp Ii), Funding Agreement (RBS Global Inc), Receivables Funding and Administration Agreement (Synnex Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Global Administrative Agent or any other Lender and based on the financial statements prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Global 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 and the other Loan Documents.

Appears in 13 contracts

Samples: Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc), Credit Agreement (Harley Davidson Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, any Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 Agreement and the other Loan Documents.

Appears in 12 contracts

Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (OGE Enogex Partners L.P.), Credit Agreement (Oge Energy Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arrangers or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Arrangers 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 and the other Loan Documents.

Appears in 11 contracts

Samples: Year Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/), Assignment Agreement (Trimble Navigation LTD /Ca/)

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 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 Agreement and the other Loan Transaction Documents. 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 and the other Loan Transaction Documents.

Appears in 11 contracts

Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arrangers or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Arrangers 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 and the other Loan Documents.

Appears in 11 contracts

Samples: Credit Agreement (Portland General Electric Co /Or/), Assignment and Assumption Agreement (Torchmark Corp), Credit Agreement (Tesoro Corp /New/)

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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 10 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (LTC Properties 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 prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 9 contracts

Samples: Credit Agreement (Finish Line Inc /In/), Credit Agreement (Marsh Supermarkets Inc), Credit Agreement (Pacific Scientific 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 prepared by the Borrower referred to in 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 and the other Loan DocumentsAgreement. 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 and the other Loan Documents.

Appears in 9 contracts

Samples: Credit Agreement (Starwood Lodging Trust), Credit Agreement (Felcor Hotel Asset Co LLC), Credit Agreement (Felcor Lodging Trust Inc)

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 prepared by the Borrower referred to in Section 5.04 hereof and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsPapers.

Appears in 9 contracts

Samples: Credit Agreement (World Access Inc /New/), Credit Agreement (Gci Inc), Credit Agreement (Northland Cable Television Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower Loan Parties and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 8 contracts

Samples: Credit Agreement (Park Ohio Industries Inc/Oh), Credit Agreement (Park Ohio Holdings Corp), Credit Agreement (Brush Engineered Materials Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arrangers or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Arrangers 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 and the other Loan Documents.

Appears in 8 contracts

Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp), Credit Agreement (Chemed 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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 8 contracts

Samples: Senior Revolving Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp)

Lender Credit Decision. Each Lender of the Lenders acknowledges that it has, independently and without reliance upon the Administrative Agent or any other Lender and based on the financial statements prepared by the Borrower referred to in Section 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 and the other Loan DocumentsAgreement. Each Lender of the Lenders 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 and the other Loan DocumentsAgreement.

Appears in 8 contracts

Samples: Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries 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 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 Agreement and the other Loan Transaction Documents. 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 and the other Loan Transaction Documents.

Appears in 8 contracts

Samples: Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International Inc.), Credit Agreement (Sunnova Energy International 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 prepared by the Borrower 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 and the other Loan DocumentsAgreement. Each Lender also acknowledges that it willshall, 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 and the other Loan DocumentsAgreement.

Appears in 7 contracts

Samples: Credit Agreement (Crusader Energy Group Inc.), Credit Agreement (Callon Petroleum Co), Credit Agreement (Callon Petroleum 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 prepared by the Borrower and the Guarantor, and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Transaction Documents. 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 and the other Loan Transaction Documents.

Appears in 7 contracts

Samples: Credit Agreement (Home Point Capital Inc.), Credit Agreement (Home Point Capital Inc.), Credit Agreement (Home Point Capital Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Fronting Bank or any other Lender and based on the financial statements prepared by Information Memorandum and the Borrower 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 and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Fronting 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 and the other Loan DocumentsAgreement.

Appears in 7 contracts

Samples: Credit Agreement (Western Massachusetts Electric Co), Credit Agreement (Northeast Utilities System), Credit Agreement (Northeast Utilities System)

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 prepared by the Borrower referred to in Section 5.01(j), Section 7.01 and Section 7.02 hereof and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsPapers.

Appears in 7 contracts

Samples: Credit Agreement (Qwest Communications International Inc), Credit Agreement (Pacific Gateway Exchange Inc), Credit Agreement (Pacific Gateway Exchange 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 prepared by Information Memorandum and the Borrower 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 7 contracts

Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement, Credit Agreement (Western Massachusetts Electric Co)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon any Agent, the Administrative Agent Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon any Agent, the Administrative Agent 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 and the other Loan Documents.

Appears in 7 contracts

Samples: Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc), Credit Agreement (Applebees International Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Lender or any other Lender and based on upon the financial statements prepared by the Borrower referred to in Sections 4.1(j), 6.1 and 6.2 hereof, and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Lender 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 and the other Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Compusa Inc), Credit Agreement (Metro Networks Inc), Credit Agreement (Clear Channel Communications Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arrangers or any other Lender and based on the financial statements prepared by the Borrower referred to in Section 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 and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Arrangers 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 and the other Loan DocumentsAgreement.

Appears in 6 contracts

Samples: Year Credit Agreement (NOV Inc.), 364 Day Credit Agreement (National Oilwell Varco Inc), Year Credit Agreement (National Oilwell Varco Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Petroleum Development Corp), Credit Agreement (Patterson Companies, Inc.), Credit Agreement (International Fibercom Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon any Agent, the Administrative Agent Arranger or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon any Agent, the Administrative Agent 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 and the other Loan Documents.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Acuity Brands Inc), Year Revolving Credit Agreement (Acuity Brands Inc), Day Revolving Credit Agreement (Acuity Brands Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon either Agent, the Administrative Agent Arrangers or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon either Agent, the Administrative Agent Arrangers 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 and the other Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Encore Capital Group Inc), Credit Agreement (Encore Capital Group Inc), Credit Agreement (Encore Capital Group Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, either Arranger or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, either 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 and the other Loan Documents.

Appears in 5 contracts

Samples: Term Loan Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V), Credit Agreement (Chicago Bridge & Iron Co N V)

Lender Credit Decision. Each Lender acknowledges that it has, independently independent of and without reliance upon the Administrative Agent or any other Lender (including the Agent) or any information provided by any other Lender (including the Agent) and based on upon the financial statements prepared by of the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently independent of and without reliance upon the Administrative Agent or any other Lender (including the Agent) and based on upon such documents and information as it shall deem appropriate at the that time, continue to make its own credit decisions decision in taking or not taking action under this Agreement and the other Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Ladish Co Inc), Credit Agreement (Bando McGlocklin Capital Corp), Credit Agreement (Bando McGlocklin Capital Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Facility Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Facility Documents.

Appears in 5 contracts

Samples: Credit Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc), Assignment Agreement (Navigators Group Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, any Arranger or any other Lender and based on the financial statements prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 Agreement and the other Loan Documents.

Appears in 5 contracts

Samples: 364 Day Credit Agreement (Nationwide Financial Services Inc/), Assignment Agreement, Five Year Credit Agreement (Nationwide Financial Services 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 prepared by Holdings and the Borrower and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp), Credit Agreement (Gfsi Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, either Arranger or any other Lender and based on the financial statements prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, either 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 and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Atlantic City Electric Co), Credit Agreement (Baltimore Gas & Electric 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 prepared by the Borrower 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 and the other Loan Documents. 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 and the other Loan Documents.

Appears in 4 contracts

Samples: Year Revolving Credit Agreement (TJX Companies Inc /De/), Year Revolving Credit Agreement (TJX Companies Inc /De/), Year Revolving Credit Agreement (TJX Companies Inc /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 prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Pacer International Inc), Credit Agreement (Miller Exploration Co), Credit Agreement (Fund American Enterprises Holdings 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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (National Golf Properties Inc), Revolving Credit Agreement (Rouse Company), Credit Agreement (Rouse Company)

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 prepared by the Borrower referred to in SECTION 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsPapers.

Appears in 3 contracts

Samples: Credit Agreement (Franchise Finance Corp of America), Credit Agreement (Franchise Finance Corp of America), Guaranty 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 prepared by the Borrower referred to in Section 3.1 and such other documents and information as it has deemed appropriate, made its own independent credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 3 contracts

Samples: Credit Agreement (Agco Corp /De), 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 Administrative Agent or any other Lender Lender, and based on the financial statements prepared by the Borrower referred to in Section 5.01(j), Article VII hereof and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsPapers.

Appears in 3 contracts

Samples: Credit Agreement (Pinnacle Holdings Inc), Credit Agreement (Pinnacle Holdings Inc), Credit Agreement (Pinnacle Holdings 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 prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Inland Retail Real Estate Trust Inc), Credit Agreement (Inland Retail Real Estate Trust Inc), Credit Agreement (Weatherford International Inc /New/)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, either Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, either 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 and the other Loan Documents.

Appears in 3 contracts

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

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Lender or any other Lender and based on upon the financial statements prepared delivered to such Lender by the Borrower Borrower, and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Lender 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 and the other Loan DocumentsPapers.

Appears in 3 contracts

Samples: Credit Agreement (La Quinta Inns Inc), Credit Agreement (La Quinta Inns Inc), Credit Agreement (La Quinta Inns Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, BNPPSC or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, BNPPSC 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 and the other Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Shaw Group Inc), Assignment Agreement (Shaw Group Inc), Credit Agreement (Shaw Group 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 prepared by the Borrower Loan Parties and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Corporate Express Inc), Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings 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 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 Agreement and the other Loan DocumentsAgreement. 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 from time to time deem appropriate at the timeappropriate, continue to make its own credit decisions in taking or not taking action under or based upon this Agreement and the other Loan DocumentsAgreement, any related agreement or any document furnished hereunder or thereunder.

Appears in 3 contracts

Samples: Loan Agreement (Telefonos De Mexico S a B De C V), Loan Agreement (Telefonos De Mexico S a De C V), Loan Agreement (Telefonos De Mexico S a De C V)

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 prepared by the Borrower referred to in Section 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 3 contracts

Samples: Credit Agreement (Livent Corp.), Credit Agreement (Arcadium Lithium PLC), Credit Agreement (Livent 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 prepared by the Borrower Interim 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 and the other Loan DocumentsAgreement. Each Lender also acknowledges that it willshall, 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 and the other Loan DocumentsAgreement.

Appears in 3 contracts

Samples: Credit Agreement (Alta Mesa Energy LLC), Credit Agreement (Alta Mesa Holdings, LP), Credit Agreement (Alta Mesa Holdings, LP)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Clark Inc), Credit Agreement (Vectren Utility Holdings Inc), Credit Agreement (Clark Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Lender or any other Lender Lender, and based on the financial statements prepared by the Borrower referred to in Sections 5.4 and 6.14 hereof and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Lender 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 and the other Loan DocumentsPapers.

Appears in 3 contracts

Samples: Credit Agreement (Petsmart Inc), Credit Agreement (Petsmart Inc), Credit Agreement (Petsmart 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 prepared by the Borrower 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 3 contracts

Samples: Credit Agreement (Public Service Co of New Hampshire), Term Loan Agreement (North Atlantic Energy Corp /Nh), Term Loan Agreement (Northeast Utilities System)

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 prepared by the Borrower referred to in Section 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement. SECTION 8.05.

Appears in 2 contracts

Samples: Credit Agreement (Livent Corp.), Credit Agreement (Livent 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 prepared by the Borrower referred to 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Fresh Del Monte Produce Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, any Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Assignment Agreement (Vectren Corp), Credit Agreement (Vectren Corp)

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 prepared by the Borrower and upon such other documents and information as it has deemed appropriate, made its own credit and financial analysis of Borrower and its own decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: Receivables Funding Agreement (Alpine Group Inc /De/), Receivables Funding Agreement (Superior Telecom Inc)

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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 prepared by the Borrower received and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: Vista Oil & Gas, S.A.B. De C.V., Vista Oil & Gas, S.A.B. De C.V.

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 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 Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and 128 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: 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 Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.. 10.12

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Assignment Agreement (Hovnanian Enterprises Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower referred to in Section 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 and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: Credit Agreement (NOW Inc.), Credit Agreement (NOW Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent, the Collateral Agent or any other Lender and based on the financial statements prepared by Information Memorandum and the Borrower 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

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

Lender Credit Decision. Each Lender acknowledges that it ---------------------- has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements 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 Agreement and the other Loan Credit Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Credit Documents.

Appears in 2 contracts

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

Lender Credit Decision. Each Lender acknowledges that it has, ---------------------- independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower 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 and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Assignment Agreement (Finish Line Inc /De/), Credit Agreement (Finish Line Inc /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 prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Lennar Corp /New/), Credit Agreement (Dominion Homes 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 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 the Agreement and the other Loan Documents. 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 the Agreement and the other Loan Documents. 10.11.

Appears in 2 contracts

Samples: Credit Agreement (InvenTrust Properties Corp.), Term Loan Credit Agreement (InvenTrust Properties Corp.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Puget Sound Energy Inc), Revolving Credit Agreement (Centerpoint Properties Trust)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent any Agent, Joint Book Runner or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Day Credit Agreement (Arvinmeritor Inc), Year Revolving Credit Agreement (Arvinmeritor Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative any Agent or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Northern Border Partners Lp), Credit Agreement (Northern Border 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 prepared by the Borrower referred to in Section 3.04 and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender and each Issuing 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: Credit Agreement (Security Capital Assurance LTD), Credit Agreement (Security Capital Assurance LTD)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower Parent and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Cooper Cameron Corp), Assignment Agreement (Cooper Cameron 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 prepared by the Borrower referred to in Article V and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Sunstone Hotel Investors Inc), Revolving Credit Agreement (Sunstone Hotel Investors 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 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 Agreement and the other Loan Documents. 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 owncredit decisions in taking or not taking action under this Agreement and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Issuer or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (JPF Acquisition Corp), Assignment Agreement (Yellow 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 upon the financial statements prepared by the Borrower referred to in Sections 4.1(j), 6.1 and 6.2 hereof, and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan DocumentsPapers.

Appears in 2 contracts

Samples: Credit Agreement (Ccci Capital Trust Iii), Credit Agreement (Clear Channel Communications 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 upon the financial statements prepared by the Borrower referred to in Sections 4.1(j), 6.1 and 6.2 hereof, and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Kevco Inc), Credit Agreement (Homco Puerto Rico Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arrangers or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Arrangers 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 and the other Loan Documents.. 10.12

Appears in 2 contracts

Samples: Credit Agreement (Pepco Holdings Inc), Credit Agreement (Pepco Holdings 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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative either Agent or any other Lender and based on the financial statements prepared by the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 2 contracts

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

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arranger or any other Lender and based on the financial statements prepared by the Borrower information referred to in Section 6.01(e) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 2 contracts

Samples: Term Credit Agreement (Northeast Utilities System), Term Credit Agreement (Northeast Utilities System)

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 prepared by the Borrower Xxxxxxxx and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 1 contract

Samples: Senior Credit Agreement (Terreno Realty Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent or the Co-Administrative Agent or any other Lender and based on the financial statements prepared by Holdings and the Borrower Borrowers and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent or the Co-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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Aas Capital Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative either Agent or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Pinnacle Gas Resources, Inc.)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent Agent, the Arrangers or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Agent Agent, the Arrangers 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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Patterson Dental 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 prepared by the Borrower 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 and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement. SECTION 7.05.

Appears in 1 contract

Samples: Credit Agreement (National Grid Transco PLC)

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 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 Agreement and the other Loan DocumentsAgreement. 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 from time to time deem appropriate at the timeappropriate, continue to make its own credit decisions in taking or not taking action under or based upon this Agreement and the Agreement, any other Loan DocumentsDocument or related agreement, or any document furnished hereunder or thereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Unisource 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 prepared by AMC and the Borrower and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (American Medserve Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Agent any Agent, Joint Book Manager or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative 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 and the other Loan Documents.

Appears in 1 contract

Samples: Day Credit Agreement (Arvinmeritor 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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Petco Animal Supplies Inc)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon the Administrative Paying Agent or any other Lender and based on the financial statements 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 Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon the Administrative Paying 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 and the other Loan Documents.

Appears in 1 contract

Samples: Assignment Agreement (FDX 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 prepared by the Borrower referred to in Section 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 and the other Loan DocumentsAgreement. 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 and the other Agreement. Term Loan Documents.Agreement

Appears in 1 contract

Samples: Term Loan Agreement (Exelon Corp)

Lender Credit Decision. Each Lender acknowledges that it has, independently and without reliance upon any Agent, the Administrative Agent Arrangers or any other Lender and based on the financial statements prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. Each Lender also acknowledges that it will, independently and without reliance upon any Agent, the Administrative Agent Arrangers 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 and the other Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (Zep 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 prepared by the Borrower Company and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (FLD Acquisition 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 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 Agreement and the other Loan Documents. 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 and the other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

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 prepared by the Borrower and such other documents and information as it has deemed appropriate, made its own credit and financial analysis of Borrower and its own decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 1 contract

Samples: Receivables Funding Agreement (Imperial Sugar Co /New/)

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 prepared by the Borrower referred to in Section 3.01(b) and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and the other Loan DocumentsAgreement. 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 and the other Loan DocumentsAgreement.

Appears in 1 contract

Samples: Credit Agreement (Pfizer Inc)

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