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

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) which may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower the Obligors and each other Obligor that it has, independently and without reliance on the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor the Obligors and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Credit Documents. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Party of this Agreement, the Letters of Credit Agreement or any of the other Loan Credit Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower or any ObligorParty except as specifically required by the Credit Documents. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit hereunder or the other Loan Credit Documents, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Borrower or any Obligor other Party (or any of their affiliates) which may come into the possession of the Agent. Each Lender assumes all risk of loss in connection with its Percentage in the Loans to the full extent of its Percentage therein. The Agent assumes all risk of loss in connection with its Percentage in the Loans to the full extent of its Percentage therein.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and its decision to enter into this Agreement the transactions contemplated by the Financing Agreements and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsFinancing Agreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents Borrower or any other document referred to or provided for herein or therein Person of any Financing Agreement or to inspect the properties or books of any ObligorBorrower. Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor Borrower (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will, upon the request of any Lender, provide to such Lender, at such Lender’s expense, copies of any and all written information provided to the Agent by Borrower.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to the Borrower and each the other Obligor Credit Parties and that it has, has independently and without reliance on the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each the other Obligor Credit Parties and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Party of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower or any Obligorother Credit Party. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunderthe Agent, under the Letters of Credit or the other Loan Documents, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Borrower or any Obligor other Credit Party (or any of their affiliatesAffiliates) which may come into the possession of the Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit Agreement or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, hereunder or under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) which may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Lender and Issuing Bank acknowledges and agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent or any other Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and its decision to enter into this Agreement Agreement, and that it will, independently and without reliance upon Agent or any other LenderLender or any of their Related Parties, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under or based upon this Agreement Agreement, any other Loan Document or any of the other Loan Documentsrelated agreement or any document furnished hereunder or thereunder. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Borrower of this Agreement, the Letters of Credit or Notes, any of the other Loan Documents Document or any other document referred to or provided for herein or therein or to inspect the properties or books of any ObligorBorrower. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor Borrower (or any of their affiliatesits Affiliates) which may come into the possession of AgentAgent or any of its Affiliates. In this regard, each Lender acknowledges that Xxxxxx and Xxxxx, LLP is acting in this transaction as special counsel to Agent only. Each Lender will consult with its own legal counsel to the extent that it deems necessary in connection with the Loan Documents and the matters contemplated therein.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Borrowers and each other Obligor and its own decision to enter into this Credit Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsCredit Agreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Borrowers of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligorthe Borrowers. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) the Borrowers which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will use its best efforts to provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lenders, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Companies and each other Obligor and its own decision to enter into this Agreement and that it will, independently and and' without reliance upon the Agent or any other LenderLenders, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsAgreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Companies or the Parent Companies of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein Loan Document or to inspect the properties or books of any Obligorthe Companies. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any no duty or responsibility to provide any and Lender with any credit or other information concerning the affairs, financial condition or business businesses of any Obligor the Companies (or the Parent Companies or any other of their affiliatesthe Borrower's Affiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or under the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) which may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. (a) Each Lender LENDER agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent AGENT or any other Lender LENDER, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower BORROWER and each other Obligor its Subsidiaries and the decision to enter into this Agreement and that it will, independently and without reliance upon Agent AGENT or any other LenderLENDER, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsDocuments or other documents or instruments referred to or provided for herein or therein. Agent AGENT shall not be required to keep itself informed as to the performance or observance by any Obligor BORROWER of this Agreement, the Letters of Credit Agreement or any of the other Loan Documents or any other document documents or instruments referred to or provided for herein or therein or to inspect the properties Collateral (including, without limitation, any tangible property) or books of any ObligorBORROWER. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders LENDERS by Agent AGENT hereunder, under the Letters of Credit or the other Loan Documents, Agent AGENT shall not have any duty or responsibility to provide any Lender the LENDERS with any credit or other information concerning the affairs, financial condition or business of BORROWER or any Obligor of its Subsidiaries or any guarantor of the Liabilities hereunder (or any affiliate of their affiliatesthem) which may come into the possession of AgentAGENT or any of its affiliates.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor and that it has, independently and without reliance on Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) which may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and its decision to enter into this Agreement the transactions contemplated by the Financing Agreements and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsFinancing Agreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents Borrower or any other document referred to or provided for herein or therein Person of any Financing Agreement or to inspect the properties or books of any ObligorBorrower. Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor Borrower (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will, upon the request of any Lender, provide to such Lender, at such Lender’s expense, copies of any and all written information provided to the Agent by Borrower.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to the Borrower and each the other Obligor Credit Parties and that it has, has independently and without reliance on the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each the other Obligor Credit Parties and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Party of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower or any Obligorother Credit Party. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunderthe Agent, under the Letters of Credit or the other Loan Documents, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Borrower or any Obligor other Credit Party (or any of their affiliatesAffiliates) which may come into the possession of the Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lenders, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Companies and each other Obligor and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other LenderLenders, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsAgreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Companies of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein Loan Document or to inspect the properties or books of any Obligorthe Companies. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business businesses of any Obligor the Companies (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Company, the Collateral, the Eligible Securitization Transactions and each other Obligor the Related Events, and its own decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of Agreement. Without limiting the other Loan Documentsforegoing, each Lender has analyzed and approved the Collateral Value Model, and the Agent has no responsibility therefor. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Company of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligorthe Company. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor the Company (or any of their affiliatesits Affiliates) which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will use its best efforts to provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and its decision to enter into this Agreement the transactions contemplated by the Financing Agreements and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsFinancing Agreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents Borrower or any other document referred to or provided for herein or therein Person of any Financing Agreement or to inspect the properties or books of any ObligorBorrower. Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor Borrower (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will, upon the request of any Lender, provide to such Lender, at such Lender’s expense, copies of any and all written information provided to the Agent by Borrower.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and its decision to enter into this Agreement the transactions contemplated by the Financing Agreements and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsFinancing Agreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents Borrower or any other document referred to or provided for herein or therein Person of any Financing Agreement or to inspect the properties or books of any ObligorBorrower. Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business -48- of any Obligor Borrower (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will, upon the request of any Lender, provide to such Lender, at such Lender’s expense, copies of any and all written information provided to the Agent by Borrower.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each the other Obligor Fountain Corporations and its own decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Agent shall not be required to keep itself (or any Lender) informed as to the performance or observance by the Borrower or any Obligor other Person of this Agreement, the Letters of Credit Agreement or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower or any Obligorother Person. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, hereunder or under the Letters of Credit or the other Loan Documents, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Borrower or any Obligor other Person (or any of their affiliatesAffiliates) which that may come into the possession of the Agent. 1.14. 1.15.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to the Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Party of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower or any ObligorParty. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Borrower or any Obligor other Party (or any of their affiliatesAffiliates) which may come into the possession of the Agent.

Non-Reliance on Agent and Other Lenders. Each Lender acknowledges and agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent the Agent, the Fronting Bank or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each other Obligor and its decision to enter into this Agreement Agreement, and that it will, independently and without reliance upon Agent the Agent, the Fronting Bank or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under neither the Letters of Credit or Agent nor the other Loan Documents, Agent Fronting Bank shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor the Borrower (or any of their affiliatesits Affiliates) which may come into the possession of the Agent, the Fronting Bank or any of their respective Affiliates. In this regard, each Lender acknowledges that Vinson & Elkins L.L.P. is acting in this transaction as special counxxx xx thx Xxxxt only, except to the extent otherwise expressly stated in any legal opinion or any Loan Document. Each Lender will consult with its own legal counsel to the extent that it deems necessary in connection with the Loan Documents and the matters contemplated therein.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each other Obligor and its decision to enter into this Agreement the transactions contemplated by the Financing Documents and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsFinancing Document. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents Borrower or any other document referred to or provided for herein or therein Person of any Financing Document or to inspect the properties or books of any Obligorthe Borrower. Except for notices, reports reports, and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor the Borrower (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will, upon the request of any Lender, provide to such Lender, at such Lender’s expense, copies of any and all written information provided to the Agent by the Borrower.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lenders, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Companies and each other Obligor and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other LenderLenders, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsAgreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Companies of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligorthe Companies. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business businesses of any Obligor the Companies (or any of their affiliatesAffiliates) which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that --------------------------------------- it has received current financial information with respect to Borrower and each other Obligor and that it has, independently and without reliance on Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) which may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Administrative Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Guarantor and each other Obligor its Subsidiaries and decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Lender, Credit Agreement and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or under any of the other Loan DocumentsCredit Document. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Credit Party of this Agreement, the Letters of Credit Agreement or any of the other Loan Credit Documents or any other document referred to or provided for herein or therein or to inspect the properties Properties or books of the Guarantor or any Obligorof its Subsidiaries. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder, hereunder or under the Letters of Credit or the other Loan Security Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Guarantor or any Obligor of its Subsidiaries (or any of their affiliates) which that may come into the possession of Agentthe Administrative Agent or any of its affiliates.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to the Borrower and each the other Obligor Parties and that it has, independently and without reliance on the Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and each the other Obligor Parties and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor Party of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of the Borrower or any ObligorParty. Except for notices, reports and other documents and information expressly required 168 to be furnished to the Lenders by Agent hereunderthe Agent, under the Letters of Credit or the other Loan Documents, the Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of the Borrower or any Obligor other Party (or any of their affiliatesAffiliates) which may come into the possession of the Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent or any other Lender and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties Properties or books of any Obligor. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor (or any of their affiliates) which may come into the possession of Agent.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lenders, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Companies and each other Obligor and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Agent or any other LenderLenders, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsAgreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Companies of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein Loan Document or to inspect the properties or books of any Obligorthe Companies. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business businesses of any Obligor the Companies (or any of their affiliates-70- Affiliates) which may come into the possession of Agentthe Agent or any of its affiliates. Notwithstanding the foregoing, the Agent will provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on Agent or any other Lender Lenders, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower Borrowers and each other Obligor and its own decision to enter into this Agreement and that it will, independently and without reliance upon Agent or any other LenderLenders, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement Agreement. Agent does not make any warranty or representation to any of the other Loan DocumentsLender and shall not be responsible to any Lender for any statements, warranties or representations (whether written or oral) made in or in connection with this Agreement. Agent shall not be required to inquire or keep itself informed as to the performance or observance by any Obligor Borrowers of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any ObligorBorrowers. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business businesses of any Obligor (Borrowers or any Affiliates of their affiliates) Borrowers which may come into the possession of AgentAgent or any of its Affiliates.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor acknowledges that it has, independently and without reliance on upon any Agent or any other Lender or any of their respective Affiliates and based on such documents and information as it has deemed appropriate, conducted its own independent investigation of the financial condition and affairs of the Loan Parties and their Subsidiaries and made its own credit analysis of Borrower and each other Obligor and decision to enter into this Agreement. Each Lender further represents and warrants that it has reviewed each document made available to it in connection with this Agreement and has acknowledged and accepted the terms and conditions applicable to the recipients thereof. Each Lender also acknowledges that it will, independently and without reliance upon any Agent or any other Lender, Lender or any of their respective Affiliates and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. Agent shall not be required to keep itself informed as to the performance or observance by any Obligor of based upon this Agreement, the Letters of Credit any other Loan Document or related agreement or any of the other Loan Documents document furnished hereunder or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligorthereunder. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by any Agent hereunderherein, under the Letters of Credit or the other Loan Documents, such Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairsbusiness, prospects, operations, property, financial and other condition or business creditworthiness of any Obligor (of the Loan Parties or any of their affiliates) respective Affiliates which may come into the possession of any Agent-Related Person.

Non-Reliance on Agent and Other Lenders. Each Lender agrees expressly acknowledges that neither the Agent nor any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representations or warranties to it has received current financial information with respect and that no act by the Agent hereafter taken, including any review of the affairs of the Borrower or any Borrower Entity, shall be deemed to Borrower constitute any representation or warranty by the Agent. Each Lender represents and each other Obligor that it haswarrants to the Agent that, independently and without reliance on upon the Agent or any other Lender and based on such documents and information as it has deemed appropriate, it has made and will continue to make its own credit analysis appraisal of and investigation into the business, operations, property, prospects, financial and other conditions and creditworthiness of the Borrower, the Borrower Entities, and each other Obligor the Collateral and its own decision to enter into this Agreement and that it willto take, independently and without reliance upon Agent or any other Lenderomit, and based on such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any Transaction Document. The Agent shall deliver each month to any Lender that so requests a copy of the other Loan Documents. Agent shall not be required to keep itself informed as to Monthly Remittance Report(s) received by the performance or observance by any Obligor of this Agreement, the Letters of Credit or any of the other Loan Documents or any other document referred to or provided for herein or therein or to inspect the properties or books of any ObligorAgent. Except for notices, reports and other documents and information expressly items specifically required to be furnished to the Lenders by Agent delivered hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairsBorrower, financial condition or business of any Obligor (Borrower Entity or any of their affiliates) which may come Affiliates that comes into the possession of Agentthe Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower Borrowers and each other Obligor and its own decision to enter into this Credit Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of the other Loan DocumentsCredit Agreement. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Borrowers of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any ObligorBorrowers. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business businesses of any Obligor (or any of their affiliates) Borrowers which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will use its best efforts to provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.

Non-Reliance on Agent and Other Lenders. Each Lender agrees that it has received current financial information with respect to Borrower and each other Obligor that it has, --------------------------------------------- independently and without reliance on the Agent or any other Lender Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of Borrower the Company, the Collateral, the Eligible Securitization Transactions and each other Obligor the Related Events, and its own decision to enter into this Agreement and 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 analysis and decisions in taking or not taking action under this Agreement or any of Agreement. Without limiting the other Loan Documentsforegoing, each Lender has analyzed and approved the Lenders' Value Model, and the Agent has no responsibility therefor. The Agent shall not be required to keep itself informed as to the performance or observance by any Obligor the Company of this Agreement, the Letters of Credit or any of the other Loan Documents Agreement or any other document referred to or provided for herein or therein or to inspect the properties or books of any Obligorthe Company. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Agent hereunder, under the Letters of Credit or the other Loan Documents, Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the affairs, financial condition or business of any Obligor the Company (or any of their affiliatesits Affiliates) which may come into the possession of Agentthe Agent or any of its Affiliates. Notwithstanding the foregoing, the Agent will use its best efforts to provide to the Lenders any and all information reasonably requested by them and reasonably available to the Agent promptly upon such request.