Credit Decision. Each Lender acknowledges that no Administrative Agent-Related Person has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Property, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 2 contracts
Sources: Term Loan Agreement (Venoco, Inc.), Term Loan Agreement (Venoco, Inc.)
Credit Decision. Each Lender acknowledges that no the Administrative Agent or any of its Agent-Related Person Persons has not made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person Agent hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent or any Administrative of its Agent-Related Person Persons to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative of its Agent-Related Person Persons and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower, the Project, and all applicable bank regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon the Administrative Agent or any Administrative of its Agent-Related Person Persons and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement, the Collateral Agency Agreement and the other Loan Financing Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and the Project. Except for notices, reports and other documents expressly herein required pursuant to any Financing Document or the Collateral Agency Agreement to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Project or of the Borrower which may come into the possession of the Administrative Agent or any of the Administrative its Agent-Related Persons.
Appears in 2 contracts
Sources: Credit Agreement (Nii Holdings Inc), Credit Agreement (Nii Holdings Inc)
Credit Decision. Each Lender acknowledges that no the Administrative Agent or any of its Agent-Related Person Persons has not made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person Agent hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent or any Administrative of its Agent-Related Person Persons to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative of its Agent-Related Person Persons and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower, the Project, and all applicable bank regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon the Administrative Agent or any Administrative of its Agent-Related Person Persons and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement, the Collateral Agency Agreement and the other Loan Financing Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and the Project. Except for notices, reports and other documents expressly herein required pursuant to any Financing Document or the Collateral Agency Agreement to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Project or of the Borrower which may come into the possession of the Administrative Agent or any of the Administrative its Agent-Related Persons.
Appears in 2 contracts
Sources: Credit Agreement (Nii Holdings Inc), Credit Agreement (Nii Holdings Inc)
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Appointed Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective SubsidiariesBorrower and its Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative each Appointed Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into into, the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerObligors and their Affiliates or the Parent Guarantor and its Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrower. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and Agreement, the other Loan DocumentsDocuments and the Unsecured ProFrac Guarantee, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerObligors, the Parent Guarantor and their Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Obligors, the Parent Guarantor or any of their Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 2 contracts
Sources: Credit Agreement (ProFrac Holding Corp.), Term Loan Credit Agreement (ProFrac Holding Corp.)
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries, the value of and title to any Collateral and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Company which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 2 contracts
Sources: Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc)
Credit Decision. Each Lender Bank acknowledges that no none of the --------------- Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the BorrowerParent, any Guarantor or the Company and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lendersuch Bank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerParent, the Company and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Parent, the Company, or any of their respective Subsidiaries, which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 2 contracts
Sources: Credit Agreement (Xtra Corp /De/), Credit Agreement (Xtra Corp /De/)
Credit Decision. Each Lender expressly acknowledges that no neither the Administrative AgentAgent nor any of its Affiliates, officers, directors, employees, agents or attorneys-Related Person in-fact has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person Agent hereafter taken, including any review of the affairs of the BorrowerIssuer, the Guarantors, or any Guarantor or of their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any the Administrative Agent-Related Person Agent to any Lender. Each Lender represents acknowledges to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerIssuer, the Guarantors, and their Affiliates and all applicable bank Lender regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderAgreement. Each Lender also represents acknowledges that it will, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerIssuer or the Guarantors. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Issuer or the Guarantors which may come into the possession of the Administrative Agent or any of the Administrative Agentits Affiliates, officers, directors, employees, agents or attorneys-Related Personsin-fact.
Appears in 2 contracts
Sources: Reimbursement and Credit Agreement (Cemex Sa De Cv), Reimbursement and Credit Agreement (Cemex Sa De Cv)
Credit Decision. Each Lender acknowledges that no the Administrative Agent or any of its Agent-Related Person Persons has not made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person Agent hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent or any Administrative of its Agent-Related Person Persons to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative of its Agent-Related Person Persons and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower, the Project, and all applicable bank regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon the Administrative Agent or any Administrative of its Agent-Related Person Persons and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Financing Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Property, financial and other condition and creditworthiness of the BorrowerBorrower and the Project. Except for notices, reports and other documents expressly herein required pursuant to any Financing Document to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Property, financial and other condition or creditworthiness of the Project or of the Borrower which may come into the possession of the Administrative Agent or any of the Administrative its Agent-Related Persons.
Appears in 2 contracts
Sources: Credit Agreement (Nii Holdings Inc), Credit Agreement (Nii Holdings Inc)
Credit Decision. Each Lender Bank acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the BorrowerParent, any Guarantor or the Company and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lendersuch Bank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerParent, the Company and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Parent, the Company, or any of their respective Subsidiaries, which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Credit Agreement (Xtra Corp /De/)
Credit Decision. Each Lender Bank acknowledges that no Administrative none of the Collateral Agent or Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Collateral Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Collateral Agent that it has, independently and without reliance upon any Administrative Agent-Agent- Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, the value of and title to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Collateral Agent, the Administrative Collateral Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges acknowledges, and each subsequent holder of any Loan or Note shall be deemed to have acknowledged, that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective SubsidiariesObligor and its Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrowereach Obligor and its Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrowers. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerObligors. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower any Obligor which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the --------------- Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Company which may come into the possession of any of the Administrative Agent-Related PersonsPerson.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or Borrowers and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Bank expressly acknowledges that no none of --------------- the Administrative Agent-Related Person has Persons have made any representation or warranty to it, it and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor Nexstar Entity or their respective Subsidiariesany Affiliate of any Nexstar Entity, shall be deemed to constitute any representation or warranty by any the Administrative Agent-Related Person Agent to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerNexstar Entities and their Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerNexstar Entities and their Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Nexstar Entities and their Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.. 122
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person the U.S. Agent hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative U.S. Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries (including the other Borrowers), and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative U.S. Agent, the Administrative U.S. Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Company or any other Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Bank acknowledges that no none of the --------------- Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative --------------- none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower or its Subsidiaries which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the a Borrower, its Subsidiaries or any Guarantor or their respective Subsidiariesother Loan Party, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers, their respective Subsidiaries and all other Loan Parties, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrowers. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and the other Loan Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers or any other Loan Party which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Loan and Security Agreement (Manhattan Bagel Co Inc)
Credit Decision. Each Lender Bank (which for purposes of this Section 9.06 shall include each Designated Bidder) acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documentsdocuments or instruments given in connection herewith, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Company which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, Borrower or any Guarantor Obligor or their respective Subsidiariesany Subsidiary or Affiliate of Borrower or any Obligor, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and any other Person party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrower. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and any other Person party to a Loan Document. Except for notices, reports reports, and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which and any other Person party to a Loan Document that may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Loan and Security Agreement (Titan Global Holdings, Inc.)
Credit Decision. Each Lender acknowledges that no Administrative none of the Agents or Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person the Agents hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent or Agent-Related Person to any Lender. Each Lender represents to the Administrative each Agent that it has, independently and without reliance upon any Administrative Agent or Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Borrower and its Subsidiaries, the Borrowervalue of and title to any collateral security, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent or Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative AgentAgents, the Administrative Agent Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agents or Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Agent or Collateral Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor Borrower and its Subsidiaries or their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent and Collateral Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Borrower and any other Person (other than the BorrowerLender Group) party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrower. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Borrower and any other Person (other than the BorrowerLender Group) party to a Loan Document. Except for notices, reports reports, and other documents expressly herein required to be furnished to the Lenders by the Administrative Collateral Agent, the Administrative neither Agent nor Collateral Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which and any other Person party to a Loan Document that may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Agent Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Holdings and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Agent Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Holdings and its Subsidiaries, the Borrowervalue of and title to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower any Loan Party hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrowerany Loan Party. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Holdings or any Subsidiary which may come into the possession of any of the Administrative Agent-Agent Related Persons.
Appears in 1 contract
Credit Decision. Each Lender expressly acknowledges that no Administrative none of the Agents or the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person of the Agents hereafter taken, including any review of the Projects or of the affairs of the Borrower, any Guarantor or their respective SubsidiariesBorrowers, shall be deemed to constitute any representation or warranty by any Administrative Agent or Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent Agents that it has, independently and without reliance upon any Administrative Agent or Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Property, financial and other condition and creditworthiness of each Borrower, the BorrowerProjects, the value of and title to any Collateral, and all applicable bank regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent or Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Property, financial and other condition and creditworthiness of each Borrower and the BorrowerProjects. Except for notices, reports and other documents expressly herein required pursuant to any Finance Document to be furnished to the Lenders by the Administrative AgentAgents, the Administrative Agent Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Property, financial and other condition or creditworthiness of the Projects or of any Borrower which may come into the possession of any Agent or any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Bank acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the --------------- Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of Star Gas Partners, the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the --------------- Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender expressly acknowledges that no neither the Administrative AgentAgent nor any of its Affiliates or any officer, director, employee, agent, attorney-Related Person in-fact of any of them has made any representation or warranty to it, it and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Guarantor and its Subsidiaries, including the Borrower, any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any the Administrative Agent-Related Person Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operationsproperties, Propertyoperations or condition, financial and other condition or otherwise, and creditworthiness of the Borrower, Borrower and all applicable bank regulatory laws relating to the transactions contemplated hereby, Guarantor and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operationsproperties, Propertyoperations or condition, financial and other condition or otherwise, and creditworthiness of the BorrowerBorrower and the Guarantor. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative AgentAgent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operationsproperties, Propertyoperations or condition, financial or otherwise, and other condition or creditworthiness of the Borrower or the Guarantor which may come into the possession of the Administrative Agent or any of the Administrative Agentits officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and 108 based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or Borrowers and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and their Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrowers. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Bank expressly acknowledges that no none of --------------- the Administrative Agent-Related Person has Persons have made any representation or warranty to it, it and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor Nexstar Entity or their respective Subsidiariesany Affiliate of any Nexstar Entity, shall be deemed to constitute any representation or warranty by any the Administrative Agent-Related Person Agent to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and 118 other condition and creditworthiness of the BorrowerNexstar Entities and their Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerNexstar Entities and their Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Nexstar Entities and their Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC)
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Company which may come into the possession of any of the Administrative Agent-Related PersonsPerson.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of --------------- the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the C:\84862\12960\0018.01F 12960.0018 970729 13:27 business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Borrower and its Subsidiaries, the Borrowervalue of and title to any collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower and its Subsidiaries hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Parent and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerParent and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrowers. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and other Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower any Credit Party which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative Agent-Related Person Agent has not made --------------- any representation or warranty to it, and that no act by any Administrative Agent-Related Person Agent hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Subsidiariesits Subsidiaries and Guarantors, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower, its Subsidiaries and all applicable bank regulatory laws relating to the transactions contemplated herebyGuarantors, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and or other condition or creditworthiness of Borrower, its Subsidiaries or the Borrower Guarantors which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Loan and Security Agreement (Material Sciences Corp)
Credit Decision. Each Lender Bank acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter taken, including any review of the affairs of the Borrower, any Guarantor Guarantors or their respective SubsidiariesSubsidiaries thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower, Guarantors or Subsidiaries thereof, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Senior Secured Revolving Credit Agreement (Stroud Energy Inc)
Credit Decision. Each Lender acknowledges that no Administrative Agent-Related Person the Agent has --------------- not made any representation or warranty to it, and that no act by any Administrative Agent-Related Person the Agent hereafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective SubsidiariesCredit Party, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person the Agent to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower, Borrower and all applicable bank regulatory laws relating to the transactions contemplated herebyother Credit Parties, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and the other Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and or other condition or creditworthiness of the Borrower or the other Credit Parties which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the --------------- Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agents hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or Borrowers and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent Agents that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and their Subsidiaries, the value of and title to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Credit Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Credit Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative AgentAgents, the Administrative Agent Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Multicurrency Revolving Credit and Term Loan Agreement (Samsonite Holdings Inc)
Credit Decision. Disclosure of Information by the Administrative Agent. Each Lender acknowledges that no Administrative Agent-Related Person has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Borrower, any Guarantor or their respective Subsidiariesany Affiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderLender as to any matter, including whether Administrative Agent-Related Persons have disclosed material information in their possession. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower, the Guarantors and their respective Subsidiaries, and all applicable bank or other regulatory laws Applicable Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Property, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.this
Appears in 1 contract
Sources: Loan Agreement (Medcath Corp)
Credit Decision. Each Lender Bank acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, the value of and title to any Collateral, and all 102 applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or of creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Purchaser expressly acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, it and that no act by any Administrative Agent-Related Person hereafter the Collateral Agent hereinafter taken, including any review of the affairs of Holdings, the Borrower, any Guarantor or their respective Subsidiaries, Company and its Subsidiaries and Investees shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person the Collateral Agent to any LenderPurchaser. Each Lender Purchaser represents to the Administrative Collateral Agent that it has, independently and without reliance upon any Administrative Agent-Related Person the Collateral Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Holdings, the BorrowerCompany and its Subsidiaries and Investees, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Company hereunder. Each Lender Purchaser also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Collateral Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Security Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Purchasers by the Administrative Collateral Agent, the Administrative Collateral Agent shall not have any duty or responsibility to provide any Lender Purchaser with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Company which may come into the possession of any of the Administrative Collateral Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Purchaser expressly acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, it and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the BorrowerTransferor, any Servicer or the Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any the Administrative Agent-Related Person Agent to any LenderPurchaser. Each Lender Purchaser represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Purchaser and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerTransferor or Guarantor and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender Purchaser also represents that it will, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Purchaser, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Transaction Documents, and to make such investigations investigation as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerTransferor, Servicer or the Guarantor. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Purchasers by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Purchaser with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Transferor, Servicer or the Guarantor which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or Borrowers and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and their Affiliates, and all applicable bankruptcy and bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrowers. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DIP Financing Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Post Petition Credit Agreement (Westpoint Stevens Inc)
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Agent or Collateral Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor Loan Parties and their Subsidiaries or their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent and Collateral Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerLoan Parties and any other Person party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderLoan Parties. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerLoan Parties and any other Person party to a Loan Document. Except for notices, reports reports, and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which Loan Parties and any other Person party to a Loan Document that may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person --------------- Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agents hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent Agents that it has, independently and without reliance upon any Administrative Agent-Agent- Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, the value of and title to any Collateral, and all applicable bank and other regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Agent- Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative AgentAgents, the Administrative Agent Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Purchaser acknowledges that no Administrative none of the Collateral Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Collateral Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor Issuer and its Subsidiaries or their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Collateral Agent-Related Person to any LenderPurchaser. Each Lender Purchaser represents to the Administrative Collateral Agent that it has, independently and without reliance upon any Administrative Collateral Agent-Related Person and based on such due diligence, documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerIssuer or any other Person party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderIssuer. Each Lender Purchaser also represents that it will, independently and without reliance upon any Administrative Collateral Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerIssuer or any other Person party to a Loan Document. Except for notices, reports reports, and other documents expressly herein required to be furnished to the Lenders Purchasers by the Administrative Collateral Agent, the Administrative Collateral Agent shall not have any duty or responsibility to provide any Lender Purchaser with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which Issuer or any other Person party to a Loan Document that may come into the possession of any of the Administrative Collateral Agent-Related Persons. Each Purchaser acknowledges that Collateral Agent does not have any duty or responsibility, either initially or on a continuing basis (except to the extent, if any, that is expressly specified herein) to provide such Purchaser with any credit or other information with respect to Issuer, its Affiliates or any of their respective business, legal, financial or other affairs, and irrespective of whether such information came into Collateral Agent’s or its Affiliates’ or representatives’ possession before or after the date on which such Purchaser became a party to this Agreement.
Appears in 1 contract
Sources: Bridge Note Purchase Agreement (Princeton Review Inc)
Credit Decision. Each Lender acknowledges that no Administrative none of the Co-Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative AgentCo-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective SubsidiariesBorrower and its Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Co-Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent Co-Agents that it has, independently and without reliance upon any Administrative Co-Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrower. Each Lender also represents that it will, independently and without reliance upon any Administrative Co-Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative AgentCo-Agents, the Administrative Agent Co-Agents shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Co-Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender Bank acknowledges that no none of the --------------- Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerCompany and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Credit Agreement (Applied Power Inc)
Credit Decision. Each Lender acknowledges that no neither Administrative Agent nor any of Administrative Agent-Related Person has Persons have made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or Borrowers and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers and their Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Revolving Credit Agreement (Information Resources Inc)
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and its Subsidiaries, the value of and title to any Collateral, and all applicable bank Lender regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other any Loan DocumentsDocument, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial Inc /De/)
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agentthe Agent and the Co-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or Borrower Parties and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent and the Co-Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower Parties and their Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrowers. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, neither the Administrative Agent nor the Co-Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Parties which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Credit Agreement (Salton Inc)
Credit Decision. Each Lender expressly acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, such Lender and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the Borrower, the Guarantor, any Guarantor asset manager, or their respective Subsidiariesany Subsidiary or Affiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person the Agent to any Lender. Each Lender represents to the Administrative Agent that it such Lender has, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it such Lender has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperties, financial and other condition and creditworthiness of the Borrower, the Guarantor, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunder. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperties, financial and other condition and creditworthiness of the BorrowerBorrower and the Guarantor. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperties, financial and other condition or creditworthiness of the Borrower Borrower, the Guarantor, any asset manager or any Subsidiary or Affiliate thereof which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Credit Decision. Each Lender expressly acknowledges that no Administrative Agentneither the Agent nor any of its officers, directors, employees, agents, attorneys-Related Person in-fact or other affiliates has made any representation representations or warranty warranties to it, such Lender and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor Borrower or their respective SubsidiariesGuarantors, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person the Agent to any Lender. Each Lender represents to the Administrative Agent acknowledges that it has, independently and without reliance upon the Agent, any Administrative other Lender or counsel to the Agent-Related Person , and based on the financial statements of the Borrower or Guarantors and its affiliates, its review of the Loan Documents, the legal opinions required to be delivered to it hereunder, the advice of its own counsel and such other documents and information as it has deemed appropriate, made its own appraisal of credit and investigation into the business, prospects, operations, Property, financial legal analysis and other condition and creditworthiness of the Borrower, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereundertransaction contemplated hereby. Each Lender also represents acknowledges that it will, independently and without reliance upon the Agent, any Administrative other Lender or counsel to the Agent-Related Person , and based on such review, advice, documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Property, financial and other condition and creditworthiness of the Borrower. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative AgentAgent hereunder, the Administrative Agent shall not have any no duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrower, any Guarantor or any other Affiliate which may come into the possession of the Agent or any of its officers, directors, employees, the Administrative Agents, attorneys-in-fact or other affiliates. Each Lender acknowledges that the Agent-Related Persons's legal counsel in connection with the transactions contemplated by this Agreement is only acting as counsel to the Agent and is not acting as counsel to such Lender.
Appears in 1 contract
Credit Decision. Each Lender acknowledges that no Administrative none of the Agent-Related Person Persons has made any representation or warranty to it, and that no act by any Administrative Agent-Related Person hereafter the Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or the Guarantors and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the Borrower, the Guarantors and their Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower hereunderBorrower. Each Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrower and each Guarantor. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower and each Guarantor which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Loan and Security Agreement (Fruit of the Loom LTD)
Credit Decision. Each Lender Bank acknowledges that no none of the --------------- Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the Borrower, any Guarantor or their respective Parent and its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any LenderBank. Each Lender Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerParent and its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Borrower Borrowers hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender Bank with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Credit Agreement (Apw LTD)
Credit Decision. Each Lender acknowledges that no none of the Administrative Agent-Related Person Persons has made any representation or warranty to it, and that no act by any the Administrative Agent-Related Person hereafter Agent hereinafter taken, including any review of the affairs of the BorrowerParent, any Guarantor or Lessees and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any Lender. Each Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and any investigation into the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of Parent, Lessees and their Subsidiaries, the Borrowervalue of and title to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Loan Agreement and to extend credit to the Borrower and Lessees hereunder. Each Lender also represents that it will, will independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Operative Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, Propertyproperty, financial and other condition and creditworthiness of the BorrowerLessees and Parent. Except for notices, reports and other documents expressly herein required to be furnished to the Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other information concerning the business, prospects, operations, Propertyproperty, financial and other condition or creditworthiness of the Borrower Lessees and Parent which may come into the possession of any of the Administrative Agent-Related Persons.
Appears in 1 contract
Sources: Reducing Revolving Loan Agreement (Grand Casinos Inc)