Reports Sample Clauses

Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Collateral Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report audit prepared by or for on behalf of Collateral Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Collateral Agent makes any make no representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Collateral Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Obligors books and records as well as upon representations of Borrowers’ Obligors officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Collateral Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for Agent with respect to on behalf of any Obligor or Collateral Agent; (“Report”). Each Lender agrees b) the Agents (ai) that neither Bank of America nor Agent makes any make no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Credit Parties and will rely significantly upon Borrowersthe Credit Parties’ books and records records, as well as upon on representations of Borrowersthe Credit Partiesofficers personnel and employeesthat the Agents undertake no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless each Agent and any such other Person preparing a Report harmless from any action such Lender may take and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. The Agent shall promptly forward to each Applicable Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe applicable Loan Parties’ books and records as well as upon representations of Borrowersthe applicable Loan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Agent furnishing a Report to such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligors’ books and records as well as upon representations of BorrowersObligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the Administrative Agent; (b) the Administrative Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (ai) that neither Bank of America nor Agent makes any no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Loan Parties and will rely significantly upon Borrowersthe Loan Parties’ books and records records, as well as upon on representations of Borrowersthe Loan Partiesofficers personnel and employeesthat the Administrative Agent undertakes no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, and not to distribute any share the Report (or the contents thereof) to with any Person except as otherwise permitted pursuant to this Agreement; and (except to such Lender’s Participantse) without limiting the generality of any other indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless the Administrative Agent and any such other Person preparing a Report harmless from any action such Lender may take and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligorsbooks books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or , provided such Persons are informed of the confidential nature of such Reports and Borrower Materials and instructed to keep them confidential and strictly for such Lender’s use)), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe applicable Obligors’ books and records as well as upon representations of Borrowersthe applicable Obligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except except: (i) to such Lender’s Participants, attorneys and accountants, (ii) to the extent requested by any governmental, regulatory or self-regulatory authority purporting to have jurisdiction over it or its Affiliates, or (iii) to the extent required by Applicable Law or by any subpoena or other legal process) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of either Agent; (b) neither Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (ai) that neither Bank of America nor Agent makes any representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, and Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report nor (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Loan Parties and will rely significantly upon Borrowersthe Loan Parties’ books and records records, as well as upon on representations of Borrowersthe Loan Partiesofficers personnel and employeesthat the Agents undertake no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any Loan Party or any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless Agent the Agents and any such other Person preparing a Report harmless from any action such Lender may take and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the Administrative Agent with respect to any Obligor or Collateral the Security Agents; (“Report”). Each Lender agrees b) the Administrative Agent and the Security Agents (ai) that neither Bank of America nor Agent makes any make no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Credit Parties and will rely significantly upon Borrowersthe Credit Parties’ books and records records, as well as upon on representations of Borrowersthe Credit Partiesofficers personnel and employeesthat the Administrative Agent and the Security Agents undertake no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless Agent the Administrative Agent, the Security Agents and any such other Person preparing a Report harmless from any action such Lender may take and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon BorrowersObligorsbooks books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Borrower’s books and records as well as upon representations of Borrowers’ Borrower’s officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Loan Party or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or accountants that have been advised of the confidential nature of the Borrower Materials), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersBorrower’s and the Borrowing Base Guarantors’ books and records as well as upon representations of BorrowersBorrower’s and the Borrowing Base Guarantors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Absent gross negligence, willful misconduct or bad faith of such Person, each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that: (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the ABL Administrative Agent; (b) it has requested a copy of all financial statements and projections required to be delivered by the Borrower hereunder; (b) the ABL Administrative Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (ai) that neither Bank of America nor Agent makes any no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Loan Parties and will rely significantly upon Borrowersthe Loan Parties’ books and records records, as well as upon on representations of Borrowersthe Loan Partiesofficers personnel and employeesthat the ABL Administrative Agent undertakes no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any Loan Party or any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless the ABL Administrative Agent and any such other Person preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by any action such Lender may take Person as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Administrative Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Administrative Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Administrative Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Reports are not intended to be comprehensive audits or examinations, and that Administrative Agent or any other Person performing an audit or examination will inspect only limited information and will rely significantly upon Borrowers’ books, records and representations; (b) that Administrative Agent makes any no representation or warranty as to the accuracy or completeness of any Report, Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Administrative Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to Each Term Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the ABL Administrative Agent with respect to any Obligor or Collateral under the ABL Credit Agreement; (“Report”). Each Lender agrees b) the ABL Administrative Agent (ai) that neither Bank of America nor Agent makes any no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Loan Parties and will rely significantly upon Borrowersthe Loan Parties’ books and records records, as well as upon on representations of Borrowersthe Loan Partiesofficers personnel and employeesthat the ABL Administrative Agent undertakes no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any Loan Party or any other Person except as otherwise permitted pursuant to the ABL Credit Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless the ABL Administrative Agent and any such other Person preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by any action such Lender may take Person as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Term Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Credit Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersCredit Parties’ books and records as well as upon representations of BorrowersCredit Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time, except such system failures or access issues that arise as a result of Agent’s gross negligence or willful misconduct. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America Capital One Business Credit Corporation nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books Borrower’s books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination Field Exam or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligors’ books and records as well as upon representations of BorrowersObligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to each LenderLenders, when received from Borrowers and when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Borrower or Collateral (collectively ReportReports)) and any financial statements, notifications or reports required under Section 10.1.2. Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. The Administrative Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender (other than the Co-Collateral Agents who shall receive such items directly from the Persons providing such reports) copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of any Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor no Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that any Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe Loan Parties’ books and records as well as upon representations of Borrowersthe Loan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans Term Loan and other Obligations. Each Lender agrees to indemnify and hold harmless each Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender, provided that no Lender shall have any obligation to indemnify and hold harmless such other Person preparing a Report for any claims arising that are determined in a final, non-appealable judgment by a court of competent jurisdiction to result from the gross negligence or willful misconduct of such other Person preparing such Report.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligors’ books and records as well as upon representations of BorrowersObligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Administrative Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Administrative Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America America, Administrative Agent, Bank of America-Canada Branch nor Canadian Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent Agents or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent Agents and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with the any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Applicable Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe applicable Loan Parties’ books and records as well as upon representations of Borrowersthe applicable Loan Parties’ officers and employees; and (c) subject to the exceptions contained in Section 14.12.1, to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination Field Exam or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Borrower or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America BMO nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field auditaudit or examination report or Equipment Appraisal, examination or appraisal report in each case prepared by or for Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Secured Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Secured Obligations. Each Lender agrees to indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. The Agent shall promptly forward to LC Issuer and each LenderLender (upon any such Person’s request therefor), when complete, copies of any field audit, examination field examination, or appraisal report prepared by or for the Agent with respect to any Obligor Credit Party or Subsidiary or any Collateral (each, a “Report”). Each LC Issuer and each Lender agrees (ai) that neither Regions Bank of America nor the Agent makes any representation or warranty as to the accuracy or completeness of any Report, Report and shall not be liable for any information contained in or omitted from any Report; (bii) that the Reports are not intended to be comprehensive audits or examinationsexaminations of any Person, thing, or matter and that the Agent or any other Person performing any audit such audit, examination, or examination appraisal will inspect only specific information regarding Obligations or the Collateral subject matter thereof and will rely significantly upon Borrowers’ the books and records records, as well as upon representations of Borrowers’ of, the Persons (and their officers and employees) subject to such audit, examination, or appraisal; and (ciii) to keep all Reports confidential and strictly for LC Issuer’s or such Lender’s internal use, use and not to distribute any Report (or the contents thereof) to any Person (except to such LenderPerson’s Participants, attorneys attorneys, and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender of LC Issuer and the Lenders agrees to indemnify indemnify, defend and hold harmless the Agent and any other Person preparing a Report (excepting therefrom any Credit Party) from any action LC Issuer or such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims Liabilities arising as a direct or indirect result of Agent furnishing in connection with any third parties that obtain any information contained in a Report to through LC Issuer or such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America RBS nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersLoan Parties’ books and records as well as upon representations of BorrowersLoan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor no Agent makes any representation or warranty as to the accuracy or completeness of any field audit, examination or appraisal (each a “Report”), and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent the Agents or any other Person performing any audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowersthe Credit Parties’ books and records as well as upon representations of Borrowersthe Credit Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent Agents and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims claims arising as a direct in connection with the any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Appears in 2 contracts Conns Inc, Conns Inc,
Reports. Agent shall promptly forward provide to each Applicable Lender, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for the Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowersthe applicable Obligors’ books and records as well as upon representations of Borrowersthe applicable Obligors’ officers and employeesemployees and (b) that Agent makes no representation or warranty as to the accuracy or completeness of any Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports and Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants, provided such persons are informed of the confidential nature of such Reports and Borrower Materials and instructed to keep it confidential and strictly for such Lender’s use) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportReport or other Borrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report or any Borrower Materials to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America Capital One nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor Borrower or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountantsaccountants or to the extent required by Applicable Law or applicable Governmental Authorities) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America M&T nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon the Borrowers’ books and records as well as upon representations of the Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, in accordance with Section 9.16 and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor Obligated Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligated Parties’ books and records as well as upon representations of BorrowersObligated Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral Collateral, together with any other reports or other collateral information obtained by Agent from Borrower and requested by a Lender (collectively, a “Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and attorneys, accountants, affiliates, employees, Governmental Authorities having regulatory oversight over Lender, or otherwise if compelled by legal process) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. The Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon the Borrowers’ books and records as well as upon representations of the Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, in accordance with Section 14.11 and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe Loan Parties’ books and records as well as upon representations of Borrowersthe Loan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations, in each case except to the extent disclosure is required by applicable laws or regulations or by any subpoena or similar legal process. Each Lender agrees to indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims losses, claims, damages, liabilities and related expense arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (ai) that neither Bank of America J.P. Morgan nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (bii) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ the Borrower’s books and records as well as upon representations of Borrowers’ the Borrower’s officers and employees; and (ciii) to keep all Reports confidential and strictly for such Lender’s internal use, in accordance with Section 9.16 and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that: (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the ABL Administrative Agent with respect or the Supplemental Term Agent; (b) it has requested a copy of all financial statements and projections required to any Obligor or Collateral be delivered by the Borrower hereunder; (“Report”). Each Lender agrees b) neither the ABL Administrative Agent nor the Supplemental Term Agent (ai) that neither Bank of America nor Agent makes any no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Loan Parties and will rely significantly upon Borrowersthe Loan Parties’ books and records records, as well as upon on representations of Borrowersthe Loan Partiesofficers personnel and employeesthat neither the ABL Administrative Agent nor the Supplemental Term Agent undertakes any obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any Loan Party or any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless the ABL Administrative Agent, the Supplemental Term Agent and any such other Person preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by any action such Lender may take Person as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America Wells Fargo nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Obligors books and records as well as upon representations of Borrowers’ Obligors officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any no representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligors’ books and records as well as upon representations of BorrowersObligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Term Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral ("Report"). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Obligors' books and records as well as upon representations of Borrowers’ Obligors' officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s 's internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of AMENDED AND RESTATED CREDIT AGREEMENT — Page 105 any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountantsother Persons with whom such Lender has a confidential relationship) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral ("Report"). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books ' books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s 's internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Administrative Agent with respect to any Obligor or Collateral (each a “Report”). Each Lender agrees (a) that neither Bank of America nor Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Administrative Agent furnishing a Report to such Lender.
Reports. Each Lender hereby agrees as follows: (a) such Lender is deemed to have requested that each Agent shall promptly forward to each furnish such Lender, when completepromptly after it becomes available, copies a copy of any field audit, examination or appraisal report each Report prepared by or for Agent with respect to any Obligor or Collateral on behalf of such Agent; (“Report”). Each b) such Lender expressly agrees (a) and acknowledges that neither JPMorgan Chase Bank of America nor any Agent (i) makes any representation or warranty as to the accuracy or completeness of any Report, and Report or (ii) shall not be liable for any information contained in or omitted from any Report; (bc) such Lender expressly agrees and acknowledges that the Reports are not intended to be comprehensive audits or examinations, and that Agent each Agent, JPMorgan Chase Bank, or any other Person party performing any audit or examination will inspect only specific information regarding Obligations or the Collateral Obligated Parties and will rely significantly upon Borrowersthe Obligated Parties’ books and records records, as well as upon on representations of Borrowersthe Obligated Partiesofficers and employeespersonnel; and (cd) such Lender agrees to keep all Reports confidential and strictly for such Lender’s its internal use, and not to distribute any Report other than as otherwise permitted pursuant to this Agreement; and (or e) without limiting the contents thereofgenerality of any other indemnification provision contained in this CREDIT AGREEMENT – Page 107 Agreement, such Lender agrees (i) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless each Agent and any such other Person preparing a Report harmless from any action such the indemnifying Lender may take as a result of or any conclusion it the indemnifying Lender may reach or draw from any ReportReport in connection with any Credit Extensions that the indemnifying Lender has made or may make to the Obligated Parties, or the indemnifying Lender’s participation in, or the indemnifying Lender’s purchase of, any Obligations and (ii) to pay and protect, and indemnify, defend, and hold each Agent and any such other Person preparing a Report harmless from and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by such Agent and any such other Person preparing a Report as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Reports. Each Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for such Agent with respect to any Obligor Loan Party or Collateral (each, a “Report”). Each Lender agrees (a) that neither Bank of America nor any Agent makes any representation or warranty as to the accuracy or completeness of any Report, and neither Bank of America nor any Agent shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that any Agent or any other Person performing any audit or examination will inspect only specific information regarding Secured Obligations or the Collateral and will rely significantly upon Borrowersthe Loan Parties’ books and records as well as upon representations of Borrowersthe Loan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Secured Obligations. Each Lender agrees to shall indemnify and hold harmless each Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of any Agent furnishing a Report to such Lender.
Appears in 1 contract Credit Agreement (Novelis Inc.),
Reports. Administrative Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field audit, examination or appraisal report prepared by or for any Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Administrative Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Reports are not intended to be comprehensive audits or examinations, and that any Agent or any other Person performing an audit or examination will inspect only specific information regarding the Obligations or Collateral and will rely significantly upon Borrowers’ books, records and representations; (b) that Administrative Agent makes any no representation or warranty as to the accuracy or completeness of any Report, Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountants) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Lender or its Affiliates), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless each Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Administrative Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Appears in 1 contract United Natural Foods Inc,
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination Field Exam or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Borrower or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims all losses, claims, damages, liabilities and related expenses (except to the extent that such losses, claims, damages, liabilities or related expenses are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of the Administrative Agent) arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to each Applicable Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe applicable Loan Parties’ books and records as well as upon representations of Borrowersthe applicable Loan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon the Borrowers’ books and records as well as upon representations of the Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, in accordance with Section 9.16 and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent and Security Trustee shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination examination, appraisal or appraisal report Vessel Appraisal prepared by or for on behalf of Agent or Security Trustee with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent nor Security Trustee makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent Agent, Security Trustee or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent Agent, Security Trustee and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. The Administrative Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of any Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor any Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that any Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowersthe Loan Parties’ books and records as well as upon representations of Borrowersthe Loan Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless each Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender, provided that no Lender shall have any obligation to indemnify and hold harmless such other Person preparing a Report for any claims arising that are determined in a final, non-appealable judgment by a court of competent jurisdiction to result from the gross negligence or willful misconduct of such other Person preparing such Report.
Reports. The Agent shall promptly forward provide to each Applicable Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Agent or any other Person performing any audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowersthe applicable Loan Parties’ books and records as well as upon representations of Borrowersthe applicable Loan Parties’ officers and employees; and (c) to keep all Reports and Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants, provided such persons are informed of the confidential nature of such Reports and Borrower Materials and instructed to keep it confidential and strictly for such Lender’s use) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportReport or other Borrower Materials, as well as from any Claims arising as a direct or indirect result of the Agent furnishing a Report or any Borrower Materials to such Lender.
Reports. The Agent shall promptly forward provide to each Lenderthe Lenders, when complete, copies of any field audit, examination or appraisal report prepared by or for the Agent with respect to any Obligor Loan Party or Collateral (“Report”). Reports and other Borrower Materials may be made available to the Lenders by providing access to them on the Platform, but the Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Reports are not intended to be comprehensive audits or examinations, and that theAgent or any other Person performing an audit or examination will inspect only specific information regarding the Obligations or Collateral and will rely significantly upon the Borrowers’ books, records and representations; (b) that the Agent makes any no representation or warranty as to the accuracy or completeness of any Report, Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of the Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor Credit Party or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any ReportReport or other Borrower Materials, and shall not be liable for any information contained in or omitted from any ReportReport or other Borrower Materials; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersCredit Parties’ books and records as well as upon representations of BorrowersCredit Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportReport or other Borrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report or other Borrower Materials to such Lender, via the Platform or otherwise.
Appears in 1 contract Agreement (Capella Healthcare, Inc.),
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any forany information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination Field Exam or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Borrower or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America BMO nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Borrower’s books and records as well as upon representations of Borrowers’ Borrower’s officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Appears in 1 contract Credit Agreement (Twin Disc Inc),
Reports. Administrative Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Administrative Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America America, Administrative Agent, Bank of America-Canada Branch nor Canadian Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent Agents or any other Person performing any audit or examination will will, inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent Agents and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with the any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor no Agent makes any representation or warranty as to the accuracy or completeness of any field audit, examination or appraisal (each a “Report”), and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent the Agents or any other Person performing any audit or examination will inspect only specific information regarding the Obligations or the Collateral and will rely significantly upon Borrowersthe Credit Parties’ books and records as well as upon representations of Borrowersthe Credit Parties’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent Agents and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims claims arising as a direct in connection with the any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender...
Reports. The Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or appraisal report prepared by or for on behalf of the Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; , (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon the Borrowers’ books and records as well as upon representations of the Borrowers’ officers and employees; , and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants, and accountantsother Persons with whom such Lender has a confidential relationship) or use any Report in any manner other than administration of the Revolving Loans and other Obligations. Each Lender agrees to indemnify and hold harmless the Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender. The Agent will arrange for and cause to be conducted a field examination of Borrowers if requested in writing signed by (a) at any time when there are more than three (3) Lenders (subject to Section 4.2), Requisite Lenders as defined by the definition of “Requisite Lenders” without giving effect to the proviso thereof or (b) at any time when there are three (3) or fewer Lenders (subject to Section 4.2), all Lenders other than the Agent.
Reports. Administrative Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field audit, examination examination<, audit> or appraisal report prepared by or for any Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Administrative Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Reports are not intended to be comprehensive audits or examinations, and that any Agent or any other Person performing an audit or examination will inspect only specific information regarding the Obligations or Collateral and will rely significantly upon Borrowers’ books, records and representations; (b) that Administrative Agent makes any no representation or warranty as to the accuracy or completeness of any Report, Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountants) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Lender or its Affiliates), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless each Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Administrative Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations; provided that, so long as no Event of Default then exists, the Borrowers shall be entitled to receive copies of any Reports relating solely to appraisals if the expense of producing such Reports is borne in full by the Obligors. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the Administrative Agent with respect to any Obligor or the Collateral Agent, (“Report”). Each Lender agrees b) the Administrative Agent and the Collateral Agent (ai) that neither Bank of America nor Agent makes any make no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Credit Parties and will rely significantly upon Borrowersthe Credit Parties’ books and records records, as well as upon on representations of Borrowersthe Credit Partiesofficers personnel and employeesthat the Administrative Agent and the Collateral Agents undertake no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless the Administrative Agent, the Collateral Agent and any such other Person preparing a Report harmless from any action such Lender may take and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Appears in 1 contract Credit Agreement (Accellent Inc),
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination Field Exam or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Borrower or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America BMO nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, -81- attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral including any such information complied prior to the Closing Date ("Report"). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books ' books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s 's internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise, except for any Claims arising solely and directly from Agent’s gross negligence or wilful misconduct. As of the Closing Date, the Agent intends to obtain at least one field audit and examination report per calendar year; provided, that Agent may request more frequent field audit and examination reports in its discretion.
Reports. Agent shall promptly forward provide to each Lender, Lenders when complete, complete copies of the results of any field auditexamination, examination audit or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral ("Report"). Reports and other Obligor Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Obligors' books and records as well as upon representations THIRD AMENDED AND RESTATED CREDIT AGREEMENT – Page 143representations of Borrowers’ Obligors' officers and employees; (c) that Agent makes no representation or warranty as to the accuracy or completeness of any Obligor Materials and shall not be liable for any information contained in or omitted from any Obligor Materials, including any Report; and (cd) to keep all Reports and Obligor Materials confidential and strictly for such Lender’s 's internal use, and not to distribute any Report or other Obligor Materials (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or and to use any Report in any manner other than all Reports and Obligor Materials solely for administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportObligor Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountantsother Persons with whom such Lender has a confidential relationship) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America America, Agent nor any Co-Collateral Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent, each Co-Collateral Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligors’ books and records as well as upon representations of BorrowersObligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent, each Co-Collateral Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America UBS nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent Agents shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or any appraisal report prepared by or for Agent on behalf of Agents with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent any of Agents makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent the Agents or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountantsother Persons with whom such Lender has a confidential relationship) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent each of the Agents and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersBorrower’s and the Borrowing Base Guarantors’ books and records as well as upon representations of BorrowersBorrower’s and the Borrowing Base Guarantors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any toany Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Absent gross negligence, willful misconduct or bad faith of such Person, each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward provide to each Applicable Lender, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ Borrower’s books and records as well as upon representations of Borrowers’ Borrower’s officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Absent gross negligence, willful misconduct or bad faith of such Person, each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. Agent shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, audit or other examination or appraisal report prepared by or for on behalf of Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountantsother Persons with whom such Lender has a confidential relationship) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain all or indirect result any part of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field audit, examination or appraisal report prepared by or for Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Reports are not intended to be comprehensive examinations or reports, and that Agent or any other Person performing an examination or report will inspect only limited information and will rely significantly upon Borrower’s books, records and representations; (b) that Agent makes any no representation or warranty as to the accuracy or completeness of any Report, Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Appears in 1 contract Loan Agreement (School Specialty Inc),
Reports. Administrative Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditinspection, examination appraisal or appraisal other report prepared by or for the Administrative Agent with respect to any Obligor or Collateral (“Report”). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Administrative Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Reports are not intended to be comprehensive audits, examinations or appraisals, and that the Administrative Agent or any other Person performing an audit, examination or appraisal will inspect only specific information regarding the Obligations or Collateral and will rely significantly upon Borrowers’ books, records and representations; (b) that Administrative Agent makes any no representation or warranty as to the accuracy or completeness of any Report, Borrower Materials and shall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys attorneys, accountants and accountants) to the extent required or requested by any regulatory authority purporting to have jurisdiction over such Lender or its Affiliates), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Administrative Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. The Administrative Agent shall promptly forward to each Lender, when complete, copies of any field auditaudit or examination report or Equipment Appraisal, examination or appraisal report in each case prepared by or for Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books and records as well as upon representations of Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless the Administrative Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral ("Report"). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books Obligors' books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s 's internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.
Reports. Agent shall promptly forward to each Lender, when complete, copies of any field audit, examination Field Exam or appraisal report prepared by or for Agent with respect to any Obligor Borrower or Collateral ("Report"). Each Lender agrees (a) that neither Bank of America Encina nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon Borrowers' books and records as well as upon representations of Borrowers' officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s 's internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report to such Lender.
Reports. The Administrative Agent shall promptly forward to each Revolver Lender, when complete, copies of any field audit, examination or appraisal report prepared by or for the Administrative Agent with respect to any Obligor Loan Party or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America M&T nor the Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that the Administrative Agent or any other Person person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon the Borrowers’ books and records as well as upon representations of the Borrowers’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, in accordance with Section 9.16 and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Revolver Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless the Administrative Agent and any other Person person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of the Administrative Agent furnishing a Report to such Revolver Lender.
Reports. Administrative Agent shall promptly forward to LC Issuer and each LenderLender (upon any such Person’s request therefor), when complete, copies of any field audit, examination field examination, or appraisal report prepared by or for Administrative Agent with respect to any Obligor Credit Party or Subsidiary or any Collateral (each, a “Report”). Each LC Issuer and each Lender agrees (ai) that neither Regions Bank of America nor Administrative Agent makes any representation or warranty as to the accuracy or completeness of any Report, Report and shall not be liable for any information contained in or omitted from any Report; (bii) that the Reports are not intended to be comprehensive audits or examinationsexaminations of any Person, thing, or matter and that Administrative Agent or any other Person performing any audit such audit, examination, or examination appraisal will inspect only specific information regarding Obligations or the Collateral subject matter thereof and will rely significantly upon Borrowers’ the books and records records, as well as upon representations of Borrowers’ of, the Persons (and their officers and employees) subject to such audit, examination, or appraisal; and (ciii) to keep all Reports confidential and strictly for LC Issuer’s or such Lender’s internal use, use and not to distribute any Report (or the contents thereof) to any Person (except to such LenderPerson’s Participants, attorneys attorneys, and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender of LC Issuer and the Lenders agrees to indemnify indemnify, defend and hold harmless Administrative Agent and any other Person preparing a Report (excepting therefrom any Obligor) from any action LC Issuer or such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct or indirect result of Agent furnishing in connection with any third parties that obtain any information contained in a Report to through LC Issuer or such Lender.
Reports. Agent shall promptly forward to Each Lender hereby agrees that (a) it has requested a copy of each Lender, when complete, copies of any field audit, examination or appraisal report Report prepared by or for on behalf of the Administrative Agent; (b) the Administrative Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (ai) that neither Bank of America nor Agent makes any no representation or warranty warranty, express or implied, as to the completeness or accuracy or completeness of any Report, Report or any of the information contained therein or any inaccuracy or omission contained in or relating to a Report and (ii) shall not be liable for any information contained in or omitted from any Report; (bc) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any audit or field examination will inspect only specific information regarding Obligations or the Collateral Loan Parties and will rely significantly upon Borrowersthe Loan Parties’ books and records records, as well as upon on representations of Borrowersthe Loan Partiesofficers personnel and employeesthat the Administrative Agent undertakes no obligation to update, correct or supplement the Reports; and (cd) to it will keep all Reports confidential and strictly for such Lender’s its internal use, not share the Report with or any other Person except as otherwise permitted pursuant to this Agreement; and not to distribute (e) without limiting the generality of any Report (or the contents thereof) to any Person (except to such Lender’s Participantsother indemnification provision contained in this Agreement, attorneys it will pay and accountants) or use any Report in any manner other than administration of the Loans protect, and other Obligations. Each Lender agrees to indemnify indemnify, defend, and hold harmless the Administrative Agent and any such other Person preparing a Report harmless from any action such Lender may take and against, the claims, actions, proceedings, damages, costs, expenses, and other amounts (including reasonable attorney fees) incurred by as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a the direct or indirect result of Agent furnishing a any third parties who might obtain all or part of any Report to such through the indemnifying Lender.
Appears in 1 contract Credit Agreement (Solutia Inc),
Reports. Agent Agents shall promptly promptly, upon receipt thereof, forward to each Lender, when complete, Lender copies of the results of any field audit, examination or appraisal report prepared by or for on behalf of any Agent with respect to any Obligor or Collateral (“Report”). Each Lender agrees (a) that neither Bank of America nor any Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that any Agent or any other Person performing any audit or examination will inspect only specific information regarding Obligations or the Collateral and will rely significantly upon BorrowersObligors’ books and records as well as upon representations of BorrowersObligors’ officers and employees; and (c) to keep all Reports confidential and strictly for such Lender’s internal use, and not to distribute any Report (or the contents thereof) to any Person (except to such Lender’s Participants, attorneys and accountants) or use any Report in any manner other than administration of the Loans and other Obligations. Each Lender agrees to indemnify and hold harmless each Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any Report, as well as from any Claims arising as a direct in connection with any third parties that obtain any part or indirect result contents of Agent furnishing a Report to through such Lender.
Reports. Agent shall promptly forward provide to each LenderLenders, when complete, copies of any field auditexamination, examination audit or appraisal report prepared by or for Agent with respect to any Obligor or Collateral ("Report"). Reports and other Borrower Materials may be made available to Lenders by providing access to them on the Platform, but Agent shall not be responsible for system failures or access issues that may occur from time to time. Each Lender agrees (a) that neither Bank of America nor Agent makes any representation or warranty as to the accuracy or completeness of any Report, and shall not be liable for any information contained in or omitted from any Report; (b) that the Reports are not intended to be comprehensive audits or examinations, and that Agent or any other Person performing any an audit or examination will inspect only specific limited information regarding Obligations or the Collateral and will rely significantly upon Borrowers’ books ' books, records and records representations; (b) that Agent makes no representation or warranty as well as upon representations to the accuracy or completeness of Borrowers’ officers any Borrower Materials and employeesshall not be liable for any information contained in or omitted from any Borrower Materials, including any Report; and (c) to keep all Reports Borrower Materials confidential and strictly for such Lender’s 's internal use, and not to distribute any Report or other Borrower Materials (or the contents thereof) to any Person (except to such Lender’s 's Participants, attorneys and accountants) or ), and to use any Report in any manner other than all Borrower Materials solely for administration of the Loans and other Obligations. Each Lender agrees to shall indemnify and hold harmless Agent and any other Person preparing a Report from any action such Lender may take as a result of or any conclusion it may draw from any ReportBorrower Materials, as well as from any Claims arising as a direct or indirect result of Agent furnishing a Report same to such Lender, via the Platform or otherwise.