Common use of Actions by the Collateral Agent Clause in Contracts

Actions by the Collateral Agent. Each Bank acknowledges that (a) such Bank has performed and will continue to perform its own credit analysis of Borrower and each other Company and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into the provisions of this Article 9A and the Collateral Documents, (b) such Bank has reviewed the form and substance of each of the Collateral Documents, including any UCC financing statements filed in connection with any of the Collateral Documents, and (c) the Collateral Agent, by executing this Agreement, has not, nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or any of the Intercreditor Provisions or as to the financial condition or creditworthiness of Borrower or any other Company, or the collectability of the Obligations, or (ii) validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Collateral, or the filing, or recording, or taking of any other actions with respect to the Collateral. Although the Collateral Agent will endeavor to exercise the same care in administering the Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine, and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by Borrower). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.

Actions by the Collateral Agent. Each Bank Creditor acknowledges that (a) such Bank Creditor has performed and will shall continue to perform its own credit analysis of Borrower and each other Company the Companies, and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into the provisions of this Article 9A Agreement and the Collateral Documents, (b) such Bank Creditor has reviewed and approved the form and substance of each of the Collateral Documents, including any UCC U.C.C. financing statements filed in connection with any of the Collateral Documents, and (c) the Collateral Agent, by executing this Agreement, has not, not nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or any of the Intercreditor Provisions or as to the financial condition or creditworthiness of Borrower or any other Company, or the collectability of the Obligations, or (ii) validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Creditor Collateral, or the filing, filing or recording, or taking of any other actions action with respect to the Creditor Collateral. Although the Collateral Agent will shall endeavor to exercise the same care in administering the Creditor Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine, genuine and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by Borrowerany Company). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.

Actions by the Collateral Agent. Each Bank Lender acknowledges that (a) such Bank Lender has performed and will continue to perform its own credit analysis of Borrower and each other Company Company, and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into the provisions of this Article 9A Agreement and the Collateral Documents, (b) such Bank Lender has reviewed and approved the form and substance of each of the Collateral Documents, including any UCC financing statements filed in connection with any of the Collateral Documents, and (c) the Collateral Agent, by executing this Agreement, has not, nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or any of the Intercreditor Provisions or as to the financial condition or creditworthiness of Borrower or any other Company, or the collectability of the Obligations, or (ii) validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Collateral, or the filing, filing or recording, or taking of any other actions action with respect to the Collateral. Although the Collateral Agent will endeavor to exercise the same care in administering the Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine, genuine and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by Borrower). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.

Actions by the Collateral Agent. Each Bank Secured Creditor acknowledges that (a) such Bank Secured Creditor has performed and will shall continue to perform its own credit analysis of Borrower and each other Company the Grantors, and its own investigations of the risks involved in the transactions contemplated in connection with the Obligations and in entering into the provisions of this Article 9A Agreement and the Collateral other Secured Creditor Documents, (b) such Bank Secured Creditor has reviewed and approved the form and substance of each of the Collateral Secured Creditor Documents, including any UCC U.C.C. financing statements filed in connection with any of the Collateral Secured Creditor Documents, and (c) the Collateral Agent, by executing this Agreement, has not, not nor at any time shall the Collateral Agent be deemed to have, made any representation or warranty, express or implied, with respect to the (i) the due execution, authenticity, legality, accuracy, completeness, validity or enforceability of any of the Collateral Documents or any of the Intercreditor Provisions or as to the financial condition or creditworthiness of Borrower Company or any other CompanyGrantor, or the collectability of the Obligations, or (ii) the validity, perfection, priority, enforceability, value or sufficiency of, or title to any of the Collateral, or the filing, filing or recording, or taking of any other actions action with respect to the Collateral. Although the Collateral Agent will shall endeavor to exercise the same care in administering the Collateral as if the Collateral Agent were acting for its own account, the Collateral Agent shall be fully protected in relying upon any document that appears to it to be genuine, genuine and upon the advice of legal counsel, independent accountants and other appropriate experts (including those retained by Borrowerany Grantor). Neither the Collateral Agent nor any of its affiliates, directors, officers, attorneys or employees shall be liable for any action taken or omitted to be taken by it or them hereunder or in connection herewith, except for its or their own gross negligence or willful misconduct, as determined by a court of competent jurisdiction.