Common use of Non-Reliance on the Administrative Agent and Other Purchasers Clause in Contracts

Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents expressly acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of the Issuer, shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent 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 Issuer, the Administrator, SPV, Holdings, the Origination Trust and the Servicer and made its own decision to enter into this Indenture Supplement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent, 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 Indenture Supplement and the other Transaction 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 Issuer, the Administrator, SPV, Holdings, the Origination Trust and the Servicer. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank or any Funding Agent with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the Issuer, the Administrator, SPV, Holdings, the Origination Trust or the Servicer which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 3 contracts

Samples: Master Agreement (PHH Corp), Master Agreement (PHH Corp), Purchase and Sale (PHH Corp)

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Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents expressly acknowledges that neither the Administrative 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 the Administrative Ad- ministrative Agent hereinafter taken, including any review of the affairs of the IssuerTransferor, shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent 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 Issuer, the Administrator, SPV, Holdings, the Origination Trust Transferor and the Servicer Collection Agent and made its own decision to enter into this Indenture SupplementAgreement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent, 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 Indenture Supplement Agreement and the other Transaction 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 IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent and the ServicerSellers. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank Committed Purchaser or any Funding Agent with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent or the Servicer Sellers which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Mascotech Inc)

Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents Purchasers expressly acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of CRCF, the IssuerLessors, the Lessees, the Permitted Sublessees, the Intermediary or the Administrator shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents Purchasers represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent Purchaser 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 IssuerCRCF, the Administrator, SPV, HoldingsLessors, the Origination Trust Lessees, the Permitted Sublessees, the Intermediary and the Servicer Administrator and made its own decision to enter into this Indenture Supplement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents Purchasers also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent, Purchaser 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 Indenture Supplement and the other Transaction Related 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 IssuerCRCF, the Administrator, SPV, HoldingsLessors, the Origination Trust Lessees, the Permitted Sublessees, the Intermediary and the ServicerAdministrator. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents Purchasers by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank or any Funding Agent Purchaser with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the IssuerCRCF, the Administrator, SPV, HoldingsLessors, the Origination Trust Lessees, the Permitted Sublessees, the Intermediary or the Servicer Administrator which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Cendant Corp

Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents expressly acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of the IssuerTransferor, shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent 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 IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent and the Servicer Sellers and made its own decision to enter into this Indenture SupplementAgreement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent, 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 Indenture Supplement Agreement and the other Transaction 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 IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent and the ServicerSellers. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank Committed Purchaser or any Funding Agent with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent or the Servicer Sellers which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents expressly acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of the Issuer, shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent 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 Issuer, the Administrator, SPV, HoldingsCollection Agent, the Origination Trust Seller and the Servicer Dunlop and made its own decision to enter into this Indenture Supplement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent, 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 Indenture Supplement and the other Transaction 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 Issuer, the Administrator, SPV, HoldingsCollection Agent, the Origination Trust Seller and the ServicerDunlop. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank or any Funding Agent with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the Issuer, the Administrator, SPV, HoldingsCollection Agent, the Origination Trust Seller or the Servicer Dunlop which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Goodyear Tire & Rubber Co /Oh/

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Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents expressly RECEIVABLES TRANSFER AGREEMENT acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of the IssuerTransferor, shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent 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 Issuer, the Administrator, SPV, Holdings, the Origination Trust Transferor and the Servicer Collection Agent and made its own decision to enter into this Indenture SupplementAgreement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent, 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 Indenture Supplement Agreement and the other Transaction 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 IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent and the ServicerSellers. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank Committed Purchaser or any Funding Agent with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent or the Servicer Sellers which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Collins & Aikman Corp)

Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents Purchasers expressly acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of CRCF, the IssuerLessors, the Lessees, the Permitted Sublessees, the Intermediary or the Administrator shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the NonPurchasers repre-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents represents sents to the Administrative Agent that it has, independently and without reliance upon the Administrative Administra-tive Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent Purchaser and based on such documents and information as it has deemed appropriate, made its own appraisal apprai-xxx of and investigation investi-ga-tion into the business, operations, property, financial and other condition condi-tion and creditworthiness of the IssuerCRCF, the Administrator, SPV, HoldingsLessors, the Origination Trust Lessees, the Permitted Sublessees, the Intermediary and the Servicer Administrator and made its own decision to enter into this Indenture Supplement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks and the Funding Agents Purchasers also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank or Funding Agent, Purchaser and based on such documents docu-ments and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions deci-sions in taking or not taking action under this Indenture Supplement and the other Transaction Related Documents, and to make such investigation as it deems necessary to inform itself as to the business, operationsopera-tions, property, financial and other condition and creditworthiness of the IssuerCRCF, the Administrator, SPV, HoldingsLessors, the Origination Trust Lessees, the Permitted Sublessees, the Intermediary and the ServicerAdminis-trator. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents Purchasers by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank or any Funding Agent Purchaser with any credit or other information concerning the businessbusi-ness, operations, property, condition condi-tion (financial or otherwise), prospects or creditworthiness of the IssuerCRCF, the Administrator, SPV, HoldingsLessors, the Origination Trust Lessees, the Permitted Sublessees, the Intermediary or the Servicer Administrator which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Cendant Corp

Non-Reliance on the Administrative Agent and Other Purchasers. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents expressly acknowledges that neither the Administrative 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 the Administrative Agent hereinafter taken, including any review of the affairs of the IssuerTransferor, shall be deemed to constitute any representation or warranty by the Administrative Agent to any such Person. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent 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 Issuer, the Administrator, SPV, Holdings, the Origination Trust SA-55 Transferor and the Servicer Collection Agent and made its own decision to enter into this Indenture SupplementAgreement. Each of the Non-Conduit Purchasers, the CP Conduit Purchasers, the APA Banks Committed Purchasers and the Funding Agents also represents that it will, independently and without reliance upon the Administrative Agent or any other Non-Conduit Purchaser, CP Conduit Purchaser, APA Bank Committed Purchaser or Funding Agent, 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 Indenture Supplement Agreement and the other Transaction 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 IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent and the ServicerSellers. Except for notices, reports and other documents expressly required to be furnished to the Funding Agents by the Administrative Agent hereunder, the Administrative Agent shall have no duty or responsibility to provide any Non-Conduit Purchaser, any CP Conduit Purchaser, any APA Bank Committed Purchaser or any Funding Agent with any credit or other information concerning the business, operations, property, condition (financial or otherwise), prospects or creditworthiness of the IssuerTransferor, the Administrator, SPV, Holdings, the Origination Trust Collection Agent or the Servicer Sellers which may come into the possession of the Administrative Agent or any of its officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Collins & Aikman Corp)

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