Representations of the Banks. Each Bank acknowledges that it has, independently and without reliance upon the Administrative Agent, or any affiliate or subsidiary of the Administrative Agent, or any other Bank and based on the financial statements referred to in Section 5.2 hereof and such other documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement; and that each Bank has actively engaged in the negotiation of all of the terms of this Agreement. Each Bank also acknowledges that it will, independently and without reliance upon the Administrative Agent or any other Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement or the Notes. The Administrative Agent has no duty or responsibility, either initially or on a continuing basis, to provide any Bank with any credit or other information with respect to the Company whether coming into its possession as of the date of this Agreement or at any time thereafter, or to notify any Bank of any Event of Default except as provided in Section 10.5 hereof. This Agreement and all instruments or documents delivered in connection with this Agreement have been reviewed and approved by each Bank and the Banks have not relied on the Administrative Agent as to any legal or factual matter in connection therewith or in connection with the transactions contemplated thereunder.
Representations of the Banks. Each Bank represents to and agrees with each other Bank that (a) in the event that such Bank now or hereafter has other loans, commitments, letters of credit or other financial accommodations or arrangements outstanding to Borrowers, Guarantors, the Property Owner, Managing Member, any other Additional Pledgor or an affiliate of any of such Persons, such Bank shall deal with the Loan and Loan Documents (including without limitation any decisions to be made under Section 5(c)) as if it were the only loan in such Bank's portfolio to such Persons; (b) such Bank's execution and delivery of this Agreement has been duly authorized and it has full power and authority to execute this Agreement; (c) such Bank's decision to enter into this Agreement was based solely upon its own independent evaluation of the Loan and the Loan Documents and the creditworthiness of the Borrowers and the Guarantor and the value of the Collateral and without reliance upon any warranties or representations of any other Bank or any of their respective officers, directors, employees, agents or attorneys; (d) such Bank acknowledges receipt of copies of all Loan Documents; and (e) such Bank does not control, is not controlled by, is not under common control with and is otherwise free from influence or control by, the Borrowers, the Managing Member, the Guarantor and the Additional Pledgors. Except as set forth above or as otherwise provided herein or in the Loan Documents, no Bank makes any further representations or warranties, express or implied, including, without limitation, any representation or warranty as to the collectability of the Loan, enforceability of the Loan Documents, continued solvency of the Borrowers, the Guarantor, the Additional Pledgors or the Property Owner or the continued existence, sufficiency or value of any assets of the Borrower, the Guarantors or the Additional Pledgors which may be realized upon for the repayment of the Loan. No Bank shall be responsible in any manner to any other Bank for the observation of or compliance with any of the terms, covenants or conditions of the Loan Documents on the part of the Borrowers, the Guarantor or the Additional Pledgors.
Representations of the Banks. Each Bank represents:
Representations of the Banks. Each of the Banks severally represents and warrants to the Company that:
