Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 21 contracts
Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 18 contracts
Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties Affiliates shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties Affiliates be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties Affiliates (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related PartiesAffiliates, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties Affiliates arising out of or relating to the Administrative Agent or any of its Related Parties Affiliates providing or not providing Restricting Information to any BankLender.
Appears in 18 contracts
Samples: Possession Credit Agreement (iHeartMedia, Inc.), Credit Agreement (Clear Channel Outdoor Holdings, Inc.), Credit Agreement (iHeartCommunications, Inc.)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain material non-public information with respect to the Borrower or its securities (such material non-public information, “Restricting Information”). Other Lenders may enter into this Agreement and take or not take action hereunder or under the other Loan Documents on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties nor the Borrower nor any of its Related Parties, shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information (except with respect to the Borrower and its Related Parties, pursuant to Section 9.14(b)), nor shall the Administrative Agent or any of its Related Parties nor the Borrower nor any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties nor the Borrower nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 10 contracts
Samples: Credit Agreement (WPX Energy, Inc.), Credit Agreement (WPX Energy, Inc.), Credit Agreement (Williams Companies Inc)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 10 contracts
Samples: Day Credit Agreement (Stanley Black & Decker, Inc.), Credit Agreement (Stanley Black & Decker, Inc.), Day Credit Agreement (Stanley Black & Decker, Inc.)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain material non-public information with respect to the Borrowers or their securities (such material non-public information, “Restricting Information”). Other Lenders may enter into this Agreement and take or not take action hereunder or under the other Loan Documents on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties nor the Borrowers nor any of their Related Parties, shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information (except with respect to the Borrowers and their Related Parties, pursuant to Section 9.14(b)), nor shall the Administrative Agent or any of its Related Parties nor the Borrowers nor any of their Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties nor the Borrowers nor any of their Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 8 contracts
Samples: Credit Agreement (Williams Companies, Inc.), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Partners L.P.)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Parent or its securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower the Borrowers or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 8 contracts
Samples: Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD), Credit Agreement (Teva Pharmaceutical Industries LTD)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 7 contracts
Samples: Credit Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp), Security Agreement (HMS Holdings Corp)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum Agreement and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum Agreement and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 6 contracts
Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Obligors or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Obligor or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 6 contracts
Samples: Credit Agreement (TYCO INTERNATIONAL PLC), Revolving Credit Agreement (ADT Corp), Credit Agreement (Tyco International LTD)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Obligors or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Personperson. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Obligor or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 4 contracts
Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 4 contracts
Samples: Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc), Credit Agreement (Solutia Inc)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material nonpublic information with respect to the Borrower or its securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that its obligations under United States federal Federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Personlaws. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i1) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii2) shall have, or incur, any liability to (i) any Borrower or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender or (ii) the Borrower or any of its Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Lender other than as found by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Administrative Agent or any of its Related Parties.
Appears in 4 contracts
Samples: Loan Credit Agreement (Verizon Communications Inc), Bridge Credit Agreement, Term Loan Credit Agreement (Verizon Communications Inc)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Credit Documents on the basis of information that does not contain material non-public information with respect to the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Credit Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal Federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of neither the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic non-public information or such BankLender’s compliance with applicable laws Laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank any Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 3 contracts
Samples: Vista Oil & Gas, S.A.B. De C.V., Credit Agreement (Pampa Energy Inc.), Vista Oil & Gas, S.A.B. De C.V.
Treatment of Information. (an) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 2 contracts
Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 2 contracts
Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)
Treatment of Information. (ai) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (iA) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (iiB) shall have, or incur, any liability to any Borrower Loan Party or Bank or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 2 contracts
Samples: Assignment and Acceptance (Kbr, Inc.), Assignment and Acceptance (Kbr, Inc.)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Credit Documents on the basis of information that does not contain material non-public information with respect to the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Credit Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal Federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of neither the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic non-public information or such BankLender’s compliance with applicable laws Laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank any Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 2 contracts
Samples: www.sec.gov, PCT LLC
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankXxxxxx’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 2 contracts
Samples: Credit Agreement (Stanley Black & Decker, Inc.), Five Year Credit Agreement (Stanley Black & Decker, Inc.)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 2 contracts
Samples: Credit Agreement (Ensco PLC), Credit Agreement (Ensco PLC)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 2 contracts
Samples: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Obligors or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Personperson. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Obligor or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 2 contracts
Samples: Term Loan Agreement (Nabors Industries LTD), Term Loan Agreement (Nabors Industries LTD)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Borrower or its securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank any Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 2 contracts
Samples: Credit Agreement (TYCO INTERNATIONAL PLC), Term Loan Credit Agreement (TYCO INTERNATIONAL PLC)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis 128 of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties Affiliates shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties Affiliates be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties Affiliates (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related PartiesAffiliates, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties Affiliates arising out of or relating to the Administrative Agent or any of its Related Parties Affiliates providing or not providing Restricting Information to any BankLender.
Appears in 2 contracts
Samples: Intercreditor Agreement (CC Media Holdings Inc), Credit Agreement (C C Media Holdings Inc)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain material non-public information with respect to the Borrower or its securities (such material non-public information, “Restricting Information”). Other Lenders may enter into this Agreement and take or not take action hereunder or under the other Loan Documents on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties nor the Borrower nor any of its Related Parties, shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information (except with respect to the Borrower and its Related Parties, pursuant to Section 9.14(b)), nor shall the Administrative Agent or any of its Related Parties nor the Borrower nor any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties nor the Borrower nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 2 contracts
Samples: Credit Agreement (Williams Partners L.P.), Credit Agreement (Williams Partners L.P.)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Borrowers or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the 69 safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 2 contracts
Samples: Credit Agreement (Williams Pipeline Partners L.P.), Credit Agreement (Williams Partners L.P.)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities ("Restricting Information"). Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s 's policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s 's compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 2 contracts
Samples: Credit Agreement (Ensco PLC), Ensco PLC
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that foreign, United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Obligors or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Personperson. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (ii)(A) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (iiii)(B) shall have, or incur, any liability to any Borrower Obligor or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis 364-DAY CREDIT AGREEMENT of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities ("Restricting Information"). Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (iA) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s 's policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s 's compliance with applicable laws related thereto or (iiB) shall have, or incur, any liability to any Borrower Loan Party or Bank or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Borrower or its securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank any Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender. 73 (b) The Borrower agrees that (i) all Communications it provides to the Administrative Agent intended for delivery to the Lenders whether by posting to the Approved Electronic Platform or otherwise (other than (A) copies of any Form 10K, 10Q or 8K or other filing with the Securities and Exchange Commission or any other annual report, quarterly report or press release, each of which shall be assumed to contain only publicly available information, and (B) Communications excluded from the definition of Approved Electronic Communication, each of which the Administrative Agent shall be entitled to treat as set forth in subsection (iv) below unless such Communication is marked “PUBLIC”) shall be clearly and conspicuously marked “PUBLIC” if such Communications do not contain Restricting Information which, at a minimum, shall mean that the word “PUBLIC” shall appear prominently on the first page thereof; (ii) by marking Communications “PUBLIC,” the Borrower shall be deemed to have authorized the Administrative Agent and the Lenders to treat such Communications as either publicly available information or not material information (although, in this latter case, such Communications may contain sensitive business information and, therefore, remain subject to the confidentiality undertakings of Section 9.14) with respect to the Borrower or its securities for purposes of United States Federal and state securities laws; (iii) all Communications marked “PUBLIC” may be delivered to all Lenders and may be made available through a portion of the Approved Electronic Platform designated “Public Side Information”; and (iv) the Administrative Agent shall be entitled to treat any Communications that are not marked “PUBLIC” as Restricting Information and may post such Communications to a portion of the Approved Electronic Platform not designated “Public Side Information.” Neither the Administrative Agent nor any of its Affiliates shall be responsible for any statement or other designation by the Borrower regarding whether a Communication contains or does not contain material non-public information with respect to the Borrower or its securities nor shall the Administrative Agent or any of its Affiliates incur any liability to the Borrower, any Lender or any other Person for any action taken by the Administrative Agent or any of its Affiliates based upon such statement or designation, including any action as a result of which Restricting Information is provided to a Lender that may decide not to take access to Restricting Information. Nothing in this Section 9.16 shall modify or limit a Lender’s obligations under Section 9.14 with regard to Communications and the maintenance of the confidentiality of or other treatment of Information. (c) Each Lender acknowledges that circumstances may arise that require it to refer to Communications that might contain Restricting Information. Accordingly, each Lender agrees that it will nominate at least one designee to receive Communications (including Restricting Information) on its behalf and identify such designee (including such designee’s contact information) on such Lender’s Administrative Questionnaire. Each Lender agrees to notify the Administrative Agent from time to time of such Lender’s designee’s e-mail address to which notice of the availability of Restricting Information may be sent by electronic transmission. (d) Each Lender acknowledges that Communications delivered hereunder and under the other Loan Documents may contain Restricting Information and that such Communications are available to all Lenders generally. Each Lender that elects not to take access to Restricting Information does so voluntarily and, by such election, acknowledges and agrees that the Administrative Agent and other Lenders may have access to Restricting Information that is not available to such electing Lender. None of the Administrative Agent nor any Lender with access 74 to Restricting Information shall have any duty to disclose such Restricting Information to such electing Lender or to use such Restricting Information on behalf of such electing Lender, and shall not be liable for the failure to so disclose or use, such Restricting Information. (e) The provisions of the foregoing clauses of this Section 9.16 are designed to assist the Administrative Agent, the Lenders and the Borrower, in complying with their respective contractual obligations and applicable law in circumstances where certain Lenders express a desire not to receive Restricting Information notwithstanding that certain Communications hereunder or under the other Loan Documents or other information provided to the Lender hereunder or thereunder may contain Restricting Information. Neither the Administrative Agent nor any of its Related Parties warrants or makes any other statement with respect to the adequacy of such provisions to achieve such purpose nor does the Administrative Agent or any of its Related Parties warrant or make any other statement to the effect that the Borrower’s or a Lender’s adherence to such provisions will be sufficient to ensure compliance by the Borrower or such Lender with its contractual obligations or its duties under applicable law in respect of Restricting Information and each of the Lenders and the Borrower assumes the risks associated therewith. Section 9.17 [Reserved]. Section 9.18
Appears in 1 contract
Samples: Credit Agreement
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Borrowers or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Borrower or its securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank any Lender or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder 147-147- under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Samples: Credit Agreement (Solutia Inc)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Obligors or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Personperson. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (iA) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (iiB) shall have, or incur, any liability to any Borrower Obligor or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.Lender Party. 129
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making 189 any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Samples: Credit Agreement (Solutia Inc)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non‑public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public non‑public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.Lender Party. 137
Appears in 1 contract
Samples: Credit Agreement (AMC Networks Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with 364-DAY CREDIT AGREEMENT respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Samples: Day Credit Agreement (Stanley Black & Decker, Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non‑public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public non‑public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative 141 Exhibit 10.30 Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Samples: Credit Agreement (AMC Networks Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents 147 on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Samples: Credit Agreement (AMC Networks Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents 121 on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Samples: Credit Agreement (AMC Networks Inc.)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 1 contract
Samples: Credit Agreement (Ensco PLC)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Credit Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person Person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures 178 regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Samples: Credit Agreement (AMC Networks Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its 364-DAY CREDIT AGREEMENT Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankXxxxxx’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Borrowers or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i1) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii2) shall have, or incur, any liability to any Borrower or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender other than as found by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of the Administrative Agent or any of its Related Parties.
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Borrowers or their securities ("Restricting Information"). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Samples: Credit Agreement (Stanley Works)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis AMENDED AND RESTATED FIVE YEAR CREDIT AGREEMENT of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Samples: Five Year Credit Agreement (Stanley Black & Decker, Inc.)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.Lender. 364-DAY CREDIT AGREEMENT 44 Table of Contents
Appears in 1 contract
Samples: Day Credit Agreement (Stanley Works)
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis 364-DAY CREDIT AGREEMENT of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankXxxxxx’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Borrower or its securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Treatment of Information. (aii) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (iA) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (iiB) shall have, or incur, any liability to any Borrower Loan Party or Bank or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Obligors or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Personperson. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (iA) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (iiB) shall have, or incur, any liability to any Borrower Obligor or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.Lender Party. 182
Appears in 1 contract
Treatment of Information. (ai) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor or any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender or any of their respective Related Parties arising out Four Year Credit Agreement of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to the Company or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender acknowledges that United States federal Federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an the such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender, by participating in any conversations or other interactions with a Bank Lender or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender has or has not limited its access to Restricting Information, such BankLender’s policies or procedures regarding the safeguarding of material, nonpublic non-public information or such BankLender’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower the Company or Bank such Lender or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender.
Appears in 1 contract
Samples: Mortgage and Security Agreement (Southwest Airlines Co)
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any the Borrower or any Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 1 contract
Treatment of Information. (a) Certain of the Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that does not contain Restricting Information. Other 91 Banks may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum and take or not take action hereunder or thereunder on the basis of information that may contain Restricting Information. Each Bank acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a Bank, by participating in any conversations or other interactions with a Bank or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank may make to limit or to not limit its access to Restricting Information. In particular, none of the Agent nor any of its Related Parties (i) shall have, and the Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank has or has not limited its access to Restricting Information, such Bank’s policies or procedures regarding the safeguarding of material, nonpublic information or such Bank’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower or Bank or any of their respective Related Parties arising out of or relating to the Agent or any of its Related Parties providing or not providing Restricting Information to any Bank.
Appears in 1 contract
Samples: Credit Agreement (Caterpillar Financial Services Corp)
Treatment of Information. (a) Certain of the Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that does not contain material non-public information with respect to any of the Loan Parties or their securities (“Restricting Information”). Other Banks Lenders may enter into this Agreement, the Local Currency Addendum and/or the Japan Local Currency Addendum Agreement and take or not take action hereunder or thereunder under the other Loan Documents on the basis of information that may contain Restricting Information. Each Bank Lender Party acknowledges that United States federal and state securities laws prohibit any person from purchasing or selling securities on the basis of material, non-public information concerning an such issuer of such securities or, subject to certain limited exceptions, from communicating such information to any other Person. Neither the Administrative Agent nor any of its Related Parties shall, by making any Communications (including Restricting Information) available to a BankLender Party, by participating in any conversations or other interactions with a Bank Lender Party or otherwise, make or be deemed to make any statement with regard to or otherwise warrant that any such information or Communication does or does not contain Restricting Information nor shall the Administrative Agent or any of its Related Parties be responsible or liable in any way for any decision a Bank Lender Party may make to limit or to not limit its access to Restricting Information. In particular, none of the Administrative Agent nor any of its Related Parties (i) shall have, and the Administrative Agent, on behalf of itself and each of its Related Parties, hereby disclaims, any duty to ascertain or inquire as to whether or not a Bank Lender Party has or has not limited its access to Restricting Information, such BankLender Party’s policies or procedures regarding the safeguarding of material, nonpublic information or such BankLender Party’s compliance with applicable laws related thereto or (ii) shall have, or incur, any liability to any Borrower Loan Party or Bank Lender Party or any of their respective Related Parties arising out of or relating to the Administrative Agent or any of its Related Parties providing or not providing Restricting Information to any BankLender Party.
Appears in 1 contract
Samples: Credit Agreement (HMS Holdings Corp)
