Common use of Non-Reliance on Agent and Other Lenders Clause in Contracts

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in fact or affiliates has made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.

Appears in 24 contracts

Samples: Loan and Security Agreement (Inmune Bio, Inc.), Loan and Security Agreement (Taysha Gene Therapies, Inc.), Loan and Security Agreement (Phathom Pharmaceuticals, Inc.)

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Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including including, without limitation, any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberother Loan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Administrative 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and Agreement, the other Loan DocumentsDocuments and the Intercreditor and Collateral Agency Agreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 11 contracts

Samples: Credit Agreement (Digicel Group LTD), Credit Agreement (Digicel Group LTD), Credit Agreement (Digicel Group LTD)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereafter or any such Person hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that (i) it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrower hereunder, and (ii) it will, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action hereunder and under this Agreement and the other Loan Documents, Credit Documents and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Credit Documents, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, the Agent shall have no duty or responsibility responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, condition (financial or otherwise), prospects other condition or creditworthiness of any Group Member the Borrower, its Subsidiaries or any Affiliate of a Group Member other Person that may at any time come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 11 contracts

Samples: Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Old Dominion Freight Line Inc/Va), Credit Agreement (Pxre Corp)

Non-Reliance on Agent and Other Lenders. Each Lender and the L/C Issuer expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender and the L/C Issuer represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender and the L/C Issuer also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other applicable Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 8 contracts

Samples: Credit Agreement (YCC Holdings LLC), Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower or its Subsidiaries and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Credit Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower or its Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 8 contracts

Samples: Credit Agreement (WPS Resources Corp), Credit Agreement (Integrys Energy Group, Inc.), Five Year Credit Agreement (Integrys Energy Group, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations representation or warranties warranty to it and that no act by the Agent or any such Person hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that (i) it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that Agreement and extend credit to the Borrower hereunder, and (ii) it will, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action hereunder and under this Agreement and the other Loan Documents, Documents and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for noticesas expressly provided in this Agreement and the other Loan Documents, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, the Agent shall have no duty or responsibility responsibility, either initially or on a continuing basis, to provide any Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, condition (financial or otherwise), prospects other condition or creditworthiness of any Group Member the Borrower, its Subsidiaries or any Affiliate of a Group Member other Person that may at any time come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 7 contracts

Samples: Credit Agreement (Western National Corp), Loan Agreement (American Oncology Resources Inc /De/), Credit Agreement (Province Healthcare Co)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 7 contracts

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

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 7 contracts

Samples: Credit and Guarantee Agreement (Warren S D Co /Pa/), Securities Purchase Agreement (RBX Corp), Credit Agreement (National Education Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any Affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Credit Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsCredit Agreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 6 contracts

Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

Non-Reliance on Agent and Other Lenders. Each Lender and the Fronting Bank expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any LenderLender or the Fronting Bank. Each Lender and the Fronting Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Extensions of Credit Extensions hereunder and enter into this Agreement. Each Lender and the Fronting Bank also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders and the Fronting Bank by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender or the Fronting Bank with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member the Borrower that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 6 contracts

Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 5 contracts

Samples: Execution Copy (Genmar Holdings Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its respective officers, directors, employees, agents, attorneys in fact or affiliates has have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Borrower or any Affiliate affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and of any investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their its Affiliates and made its own decision to make its Credit Extensions Ratable Share of the Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their its Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders the Lender by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Borrower or any Affiliate of a Group Member Borrower that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 5 contracts

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), First Mezzanine Loan Agreement (Clipper Realty Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its Agent’s officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, the Borrower shall be deemed to constitute any representation or warranty by any Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents, 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent or the Collateral Agent hereunder, no Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security Technologies, Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its members, partners, officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 4 contracts

Samples: Acquisition Loan Agreement (Infocrossing Inc), Term Loan Agreement (Infocrossing Inc), Term Loan Agreement (Sandler Capital Management)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Letter of Credit and Reimbursement Agreement (Sears Holdings Corp), Credit and Reimbursement Agreement (Sears Holdings Corp), Credit and Reimbursement Agreement (Sears Holdings Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter takenhereinafter, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, evaluation of and investigation into, into the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals evaluations and decisions in taking or not taking action under this Agreement and the other any Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, propertyProperty, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Mercury General Corp), Day Credit Agreement (Cleco Corp), New Plan Excel Realty Trust Inc

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Loan Agreement (Capmark Finance Inc.), Bridge Loan Agreement (Capmark Financial Group Inc.), Credit Agreement (Residential Capital, LLC)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members each Borrower and their Affiliates FSI and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members each Borrower and their AffiliatesFSI. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that each Borrower and FSI which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund V), Warehousing Credit Agreement (PLM Equipment Growth Fund Vi), Warehousing Credit Agreement (Professional Lease Management Income Fund I LLC)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates FSI and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their AffiliatesFSI. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower and FSI which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc)

Non-Reliance on Agent and Other Lenders. Each Lender (and, if applicable, each other Secured Party) expressly acknowledges that neither the Agent nor any of its their respective officers, directors, employees, agents, attorneys in fact or affiliates has Affiliates have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Credit Party or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any LenderLender or any other Secured Party. Each Lender (and, if applicable, each other Secured Party) represents to the Agent that it has, independently and without reliance upon the Agent or any other LenderLender or any other Secured Party, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members Credit Parties and their Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender (and, if applicable, each other Secured Party) also represents that it will, independently and without reliance upon the Agent or any other LenderLender or any other Secured Party, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Credit Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender or any other Secured Party with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Credit Party or any Affiliate of a Group Member Credit Party that may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their Affiliates Guarantor and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower and their AffiliatesGuarantor. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower and Guarantor which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Warehousing Credit Agreement (American Finance Group Inc /De/), Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Credit Agreement (Fidelity National Financial Inc /De/), Credit Agreement (Equity Marketing Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Alliance Laundry Holdings LLC), Loan and Security Agreement (Alliance Laundry Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Group Inc), Loan and Security Agreement (Emergent Group Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Member, its Subsidiaries shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members and their Affiliates Company or its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, liabilities, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Bridge Loan (Equinix Inc), Loan Agreement (Formus Communications Inc)

Non-Reliance on Agent and Other Lenders. Each Lender Bank expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate member of a Group Memberthe Partnership Group, shall be deemed to constitute any representation or warranty by the Agent to any LenderBank. Each Lender Bank represents to the Agent that it has, independently and without reliance upon the Agent or any other LenderBank, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Partnership and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender Bank also represents that it will, independently and without reliance upon the Agent or any other LenderBank, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement Agreement, the Mortgages and the any other Loan DocumentsRestructuring Document, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesPartnership. Except for notices, reports and other documents expressly required to be furnished to Lenders the Banks by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any member of the Partnership Group Member or any Affiliate of a Group Member that which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Master Loan Restructuring Agreement (Atwood Oceanics Inc), Master Loan Restructuring Agreement (Atwood Oceanics Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates any Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently in- dependently 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in- fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Capmark Financial Group Inc.), Credit Agreement (Capmark Finance Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Membereach Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates each Borrower and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that each Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), And Security Agreement (Tropical Sportswear International Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor or any of its Agent’s officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, the Borrower shall be deemed to constitute any representation or warranty by any Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and of an investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents, 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent or the Collateral Agent hereunder, no Agent shall have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Cpi Aerostructures Inc), Credit Agreement (Cpi Aerostructures Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates of the Agent has made any representations or warranties to it and that no act action by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Member, the Parent Guarantor shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness credit-worthiness of the Group Members Borrower and their Affiliates the Parent Guarantor and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking taking, or directing, any action under this Agreement and the or any other Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness credit-worthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness credit-worthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates of the Agent.

Appears in 2 contracts

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

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Construction Loan Agreement (Taubman Realty Group LTD Partnership), Construction Loan Agreement (Taubman Centers Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the or any other Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender or any Affiliate of such Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Collateral Agreement (General Motors Corp), General Motors Corp

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Lessor or any Affiliate of a Group Memberthe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor and their Affiliates the Lessee and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Operative Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor and their Affiliatesthe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Lessor or any Affiliate of a Group Member that the Lessee which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan Agreement (Symantec Corp), Participation Agreement (Lam Research Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Revolving Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Loan and Security Agreement (Standard Commercial Corp), Loan and Security Agreement (Ithaca Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 2 contracts

Samples: Credit Agreement (Zaring National Corp), Credit Agreement (Zaring National Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Member, its Subsidiaries shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members and their Affiliates Company or its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, liabilities, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 2 contracts

Samples: Subordinated Credit Agreement (Bio Rad Laboratories Inc), Credit Agreement (Bio Rad Laboratories Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly --------------------------------------- acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of the Borrower, any Group Member of its Subsidiaries or any Affiliate of a Group Member that Holdings which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Petersen Holdings LLC)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, the Loan Parties shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Revolving Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliatesa Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or under the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Dominion Bridge Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Loan Parties, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (BMJ Medical Management Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in sub-collateral agents, attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by Agent the such Person to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Workflow Management Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.affiliates. 105

Appears in 1 contract

Samples: Credit Agreement (Genmar Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in fact or affiliates has made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Party and their Affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to -28- make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Party and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate of a Group Member Loan Party that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by such Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon such Agent or any other LenderLender or their respective counsel, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions extend credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any Agent or any other LenderLender or their respective counsel, and based on such documents documents, information and information legal advice (including, without limitation, advice of regulatory counsel to it) as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in entering into the Credit Documents and taking or not taking action under this Agreement and the other Loan Documentsthereunder, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder, such Agent shall not have no any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.. 12(g)

Appears in 1 contract

Samples: Revolving Credit Agreement (Countrywide Credit Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberthe other Loan Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Cmi Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender --------------------------------------- expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Bridge Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Mutual Risk Management LTD)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, assets, operations, propertyproperties, condition (financial or otherwise)condition, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member the Borrower that may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Bridge Loan Agreement (Rockwood Holdings, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent none of the Agents, nor any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates, has made any representations representation or warranties warranty to it and that no act by Agent hereafter the Agents or any of them or any Affiliate thereof hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberObligor, shall be deemed to constitute any representation or warranty by Agent the Agents or any of them to any Lender. Each Lender represents to Agent the Agents and each of them that it has, independently and without reliance upon Agent the Agents or any of them or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Obligors and their Affiliates each of them and has made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the Agents or any of them 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 analysis, appraisals appraisal and decisions decision in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Obligors and their Affiliateseach of them. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent the Agents (which notices, reports and other documents may be delivered by the Agents via e-mail) or any of them hereunder, Agent the Agents and each of them shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operationsoperation, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member the Obligors or any Affiliate of a Group Member that them which may come into the possession of Agent the Agents or any of its them or any of their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (BRP (Luxembourg) 4 S.a.r.l.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it any Lender and that no act by Agent hereafter in the future taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrowers, shall will be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it the Lender has, independently and without reliance upon on Agent or any other Lender, and based on such documents and information as it the Lender has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions hereunder extensions of credit under this Agreement and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon on Agent or any other Lender, and based on such documents and information as it shall deem each Lender deems appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or AffiliatesBorrowers.

Appears in 1 contract

Samples: Credit and Security Agreement (Synergetics Usa Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly ---------------------------------------- acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Working Capital Loan hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Loan Agreement (Markwest Hydrocarbon Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it it, and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to Lenders Lender by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of Agent or any of its their officers, directors, employees, agentsAgent, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Construction Loan Agreement (Allegiant Travel CO)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its respective officers, directors, employees, agents, attorneys in fact attorneys-in-fact, Subsidiaries or affiliates Affiliates (including, without limitation, NationsBanc Capital Markets, Inc.) has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions hereunder and enter into this AgreementLoans. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of Agent or any of its respective officers, directors, employees, agents, attorneys in fact attorneys-in-fact, Subsidiaries or AffiliatesAffiliates (including, without limitation, NationsBanc Capital Markets, Inc.).

Appears in 1 contract

Samples: Loan Agreement (Medcath Inc)

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Non-Reliance on Agent and Other Lenders. Each Lender --------------------------------------- expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Franchise Mortgage Acceptance Co)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents as otherwise expressly required to be furnished to Lenders by Agent hereunderthe Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Meadowcraft Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (BMJ Medical Management Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Loan Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this AgreementAgreement and each other Loan Document to which it is a party. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Transaction Network Services Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in advisors, attorneys-in-fact or affiliates has Affiliates have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate of a Group Member Loan Party that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Amedisys Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations representation or warranties warranty to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company and/or the Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Company and their Affiliates the Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Company and their Affiliatesthe Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company and the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Galey & Lord Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by such Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon such Agent or any other LenderLender or their respective counsel, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions extend credit hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon any Agent or any other LenderLender or their respective counsel, and based on such documents documents, information and information legal advice (including, without limitation, advice of regulatory counsel to it) as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in entering into the Credit Documents and taking or not taking action under this Agreement and the other Loan Documentsthereunder, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder, such Agent shall not have no any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Revolving Credit Agreement (Countrywide Credit Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 88 95 time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its respective officers, directors, employees, agents, attorneys in fact attorneys‑in‑fact or affiliates has Affiliates have made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member Borrowers or Guarantor or any Affiliate of a Group MemberBorrowers or Guarantor, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Borrower Parties and their Affiliates and made its own decision to make its Credit Extensions Ratable Share of the Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems 132 necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Borrower Party or any Affiliate of a Group Member any Borrower Party that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact attorneys‑in‑fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Revolving Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required under the Loan Documents to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Cke Restaurants Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members each Borrower and their Affiliates FSI and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members each Borrower and their AffiliatesFSI. Except for notices, reports and other documents expressly required to be furnished to the Lenders by Agent hereunderhereunder or by the other Loan Documents, Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.information

Appears in 1 contract

Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund Iii)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates each Loan Party and made its own decision to make its Credit Extensions extensions of credit hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Loan Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Loan Party which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Matador Petroleum Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Electronic Cigarettes International Group, Ltd.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other Page 50 condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its members, partners, officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Term Loan Agreement (Midocean Capital Partners Lp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Lessor or any Affiliate of a Group Memberthe Lessee, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor and their Affiliates the Lessee and made its own decision to make its Credit Extensions Loans hereunder and enter into this Loan Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Operative Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Lessor and their Affiliatesthe Lessee. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Lessor or any Affiliate of a Group Member that the Loan Agreement Lessee which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan Agreement (Symantec Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter taken, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberPerson, shall be deemed to constitute any representation or warranty by Agent to any Lenderthe Agent. Each Lender represents and warrants to the Agent that it has, independently and without reliance upon the Agent or any other Lender, Lender and based on such documents and information as it has deemed appropriate, made its own appraisal of, and of an investigation into, into the business, operations, property, prospects, financial and other condition conditions and creditworthiness of the Group Members and their Affiliates each Person deemed relevant by such Lender and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, prospects, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Person deemed relevant by such Lender. Except for notices, reports and other documents expressly required under the Loan Instruments to be furnished to the Lenders by Agent hereunderthe Agent, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, prospects, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Person which may come into the possession of the Agent or any of its officers, officers directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Sithe Independence Power Partners Lp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent of the Agents nor any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by Agent hereafter the Agents hereinafter taken, including any review of the affairs of a Group Member the Borrowers or any Affiliate of a Group Membertheir Subsidiaries, shall be deemed to constitute any representation or warranty by Agent the Agents to any Lender. Each Lender represents to Agent the Agents that it has, independently and without reliance upon Agent the Agents or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrowers and their Affiliates Subsidiaries and made its own decision to make its Credit Extensions Bridge Loan hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent the 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrowers and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent The Agents shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Borrowers or any Affiliate of a Group Member that their Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Advanced Glassfiber Yarus LLC)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent the Agent, nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter or any Affiliate hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Credit Extensions Commitment hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Outback Steakhouse Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberBorrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates any Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Borrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Trism Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Membereach Credit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates each Credit Party and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliateseach Credit Party. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderhereunder or by the other Loan Documents, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that each Credit Party which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Loan and Security Agreement (Loehmanns Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in fact or affiliates has made any representations or warranties to it and that no act by Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Member, shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other Lender, and 224419752 v2 based on such documents and information as it has deemed appropriate, made its own appraisal of, and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Verrica Pharmaceuticals Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Company and their its Affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Company and their its Affiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member the Company or any Affiliate of a Group Member that the Company which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Bridge Credit Agreement (MDCP Acquisitions I)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its their respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by any Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by any Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Term Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Super MergerSub Inc.)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, advisors, attorneys in fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to Agent acknowledges that it has, independently and without reliance upon the Agent or any other Lender, Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own appraisal of, credit analysis and investigation into, the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents acknowledges that it will, independently and without reliance upon the Agent or any other Lender, Lender or any of their Related Parties 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 analysis, appraisals and decisions in taking or not taking action under or based upon this Agreement and the Agreement, any other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesDocument or any related agreement or any document furnished hereunder or thereunder. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Agent or any of its officers, directors, employees, agents, advisors, attorneys in fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Company or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Company and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in fact or Affiliates.,

Appears in 1 contract

Samples: Subordinated Credit Agreement (Capstone Pharmacy Services Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has had made any representations or warranties to it and that no act by Agent or any affiliate thereof hereafter taken, including any review of the affairs of a Group Member Aspen or any Affiliate of a Group Member, Borrower shall be deemed to constitute any representation or warranty by Agent to any Lender. Each Lender represents to Agent that it has, independently and without reliance upon Agent or any other LenderPerson, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Aspen and their Affiliates Borrower and made its own decision to make its Credit Extensions purchases hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon Agent or any other LenderPerson, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition conditions, prospects and creditworthiness of the Group Members Aspen and their AffiliatesBorrower. Except for notices, reports reports, and other documents expressly required to be furnished to Lenders by Agent hereunder, Agent shall not have no any duty or responsibility to provide Borrower or any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)other conditions, prospects or creditworthiness of any Group Member Aspen or any Affiliate of a Group Member that Borrower which may come into the possession of Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Loan Agreement (Aspen Technology Inc /De/)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Administrative Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group MemberProgram Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunderhereunder (which shall in each case be furnished promptly to the Lenders), the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that Program Party which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Liquidity Agreement (Metris Companies Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrower or any Affiliate of a Group Memberits Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliates its Subsidiaries and made its own decision to make its Credit Extensions Bridge Loan hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrower and their Affiliatesits Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member the Borrower or any Affiliate of a Group Member that its Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (BGF Industries Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrowers, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrowers and made its own decision to make its Credit Extensions Advances hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrowers. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrowers which may come into the possession of the Agent or any of its officers, directors, employees, administrative agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Floor Plan Agreement (Zaring National Corp)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither no Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by such Agent hereafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Company, shall be deemed to constitute any representation or warranty by such Agent to any Lender. Each Lender represents to each Agent that it has, independently and without reliance upon such Agent or any other LenderLender or their respective counsel, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, inves- tigation into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Company and made its own decision to make its Credit Extensions extend credit hereunder and enter into this Agreementthe Credit Documents. Each Lender also represents that it will, independently and without reliance upon any Agent or any other Lender, and based on such documents documents, information and information legal advice (including, without limitation, advice of regulatory counsel to it) as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in entering into the Credit Documents and taking or not taking action under this Agreement and the other Loan Documentsthereunder, and to make such investigation investiga- tion as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesCompany. Except for notices, reports and other documents expressly required to be furnished to the Lenders by an Agent hereunder, such Agent shall not have no any duty or responsibility to provide any Lender with any legal advice or credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Company which may come into the possession of such Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Mortgage Loan Warehousing Agreement (Emergent Group Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter takenhereafter, including including, without limitation, any review of the affairs of a Group Member or any Affiliate of a Group MemberObligor, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender hereby represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, evaluation of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Obligors and made its own decision to make its Credit Extensions hereunder and enter into this AgreementAgreement and the other Loan Documents to which it is a party. Each Lender also represents to the Agent 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 analysis, appraisals evaluations and decisions in taking to take or not taking to take action under this Agreement and the other any Loan DocumentsDocument, and continue to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesObligors. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunderpursuant to any Loan Document, the Agent shall have no duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Obligors which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (SFX Broadcasting Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has made any representations or warranties to it and that no act by the Agent hereafter takenhereinafter, including any review of the affairs of a Group Member or any Affiliate of a Group MemberCredit Party, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, evaluation of and investigation into, into the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their Affiliates Credit Parties and made its own decision to make its Credit Extensions hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals evaluations and decisions in taking or not taking action under this Agreement and the other any Loan DocumentsDocument, and to make such investigation as it deems necessary to inform itself as to the business, operations, propertyProperty, financial and other condition and creditworthiness of the Group Members and their AffiliatesCredit Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, propertyProperty, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Credit Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Bet Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its respective officers, directors, employees, agents, attorneys in sub-collateral agents, attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member the Borrowers or any Affiliate of a Group Membertheir respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrowers and their Affiliates respective Subsidiaries and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigation as it deems necessary to inform itself as to the business, assets, operations, property, financial and other condition condition, prospects and creditworthiness of the Group Members Borrowers and their Affiliatesrespective Subsidiaries. Except for notices, reports and other documents expressly required to be furnished to Lenders by Agent hereunder, The Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, assets, property, condition (financial or otherwise)and other condition, prospects or creditworthiness of any Group Member Borrower or any Affiliate of a Group Member that their respective Subsidiaries which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Credit Agreement (Workflow Management Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Loan Parties, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Loan Parties and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesLoan Parties. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, financial and other condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Loan Parties which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Revolving Credit Agreement (Camelot Music Holdings Inc)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates Affiliates has made any representations or warranties to it and that no act by the Agent hereafter hereinafter taken, including any review of the affairs of a Group Member or any Affiliate of a Group Memberthe Borrower, shall be deemed to constitute any representation or warranty by the Agent to any Lender. Each 57 Lender represents to the Agent that it has, independently and without reliance upon the Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members and their Affiliates Borrower and made its own decision to make its Revolving Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members and their AffiliatesBorrower. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Agent hereunder, the Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member or any Affiliate of a Group Member that the Borrower which may come into the possession of the Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Credit Agreement (Adams Outdoor Advertising LTD Partnership)

Non-Reliance on Agent and Other Lenders. Each Lender expressly acknowledges that neither the Administrative Agent nor any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or affiliates has have made any representations or warranties to it and that no act by the Administrative Agent hereafter taken, including any review of the affairs of a Group Member Loan Party or any Affiliate affiliate of a Group MemberLoan Party, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of, of and investigation into, into the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliates affiliates and made its own decision to make its Credit Extensions Loans hereunder and enter into this Agreement. Each Lender also represents that it will, independently and without reliance upon 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 analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigation as it deems necessary to inform itself as to the business, operations, property, financial and other condition and creditworthiness of the Group Members Loan Parties and their Affiliatesaffiliates. Except for notices, reports and other documents expressly required to be furnished to the Lenders by the Administrative Agent hereunder, the Administrative Agent shall not have no any duty or responsibility to provide any Lender with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of any Group Member Loan Party or any Affiliate affiliate of a Group Member Loan Party that may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys in attorneys-in-fact or Affiliatesaffiliates.

Appears in 1 contract

Samples: Term Loan Agreement

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