Common use of Credit Decision Clause in Contracts

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders has made any representation or warranty to it, and that no act by Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, shall be deemed to constitute any representation or warranty by the Agent or such Lender to any other Lender. Each Lender represents to the other Lenders that it has, independently and without reliance upon any 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, property, financial and other condition and creditworthiness of Borrower, and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunder. Each Lender also represents that it will, independently and without reliance upon any 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 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 Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders by a Lender, such Lender shall not have any duty or responsibility to provide such other Lenders with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower which may come into the possession of any of such Lender.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Parent and its Affiliates, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Parent and its Affiliates, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or one Lender hereinafter hereafter taken, including any review of the affairs of BorrowerCompany and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender 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 BorrowerCompany and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 DocumentsAgreement, 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any no duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or one Lender hereinafter hereafter taken, including any review of the affairs of BorrowerCompany and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender 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 BorrowerCompany and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 DocumentsAgreement, 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any no duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter hereafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 DocumentsAgreement, 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender expressly acknowledges that none neither the Joint Bookrunners nor any of Agent their respective Affiliates, officers, directors, employees, agents or the other Lenders has attorneys-in-fact have made any representation or warranty to it, and that no act by Agent or one Lender hereinafter the Joint Bookrunners hereafter taken, including any review of the affairs of Borrowerthe Borrower or the Guarantors, shall be deemed to constitute any representation or warranty by the Agent or such Lender Joint Bookrunners to any other Lender. Each Lender represents acknowledges to the other Lenders Joint Bookrunners that it has, independently and without reliance upon any other Lender the Joint Bookrunners, 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 Borrower, the Borrower or the Guarantors and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated hereby, their Affiliates and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderAgreement. Each Lender also represents acknowledges that it will, independently and without reliance upon any other Lender the Joint Bookrunners, 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 Borrowerthe Borrower or the Guarantors. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders by a Lender, such Lender The Joint Bookrunners shall not have any duty or responsibility to provide such other Lenders 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 the Arrangers or any of such Lendertheir respective officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders ---------------- Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 any other documents executed by the Company in connection with this Agreement, 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company or any of its Subsidiaries which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Issuer acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by any Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Applicant and its Affiliates, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderIssuer. Each Lender Issuer represents to the other Lenders each Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Applicant, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Applicant. Each Lender Issuer also represents that it will, independently and without reliance upon any other Lender 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 Facility 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 BorrowerApplicant. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Issuers by a Lenderan Agent, such Lender no Agent shall not have any duty or responsibility to provide such other Lenders any Issuer with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Applicant which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders --------------- Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Parent and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Parent and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent- --------------- Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter hereafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and or other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein hereof required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of the Agent or the other Lenders Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Borrower and its Affiliates, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Borrower and its Affiliates, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrower. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders 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 such Lenderthe Agent Related Persons.

Credit Decision. Each Lender Bank expressly acknowledges that none neither the Arranger nor the Documentation Agent nor any of Agent their respective Affiliates, officers, directors, employees, agents or the other Lenders attorneys-in-fact has made any representation or warranty to it, and that no act by the Arranger or the Documentation Agent or one Lender hereinafter hereafter taken, including any review of the affairs of the Borrower, shall be deemed to constitute any representation or warranty by the Arranger or the Documentation Agent or such Lender to any other LenderBank. Each Lender Bank represents to the other Lenders Arranger and the Documentation Agent that it has, independently and without reliance upon any other Lender the Arranger or the Documentation 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, property, financial condition, creditworthiness and other condition affairs of the Borrower and creditworthiness of Borrower, and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated hereby, its affiliates and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderAgreement. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender the Arranger or the Documentation 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 Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial condition, creditworthiness and other condition and creditworthiness affairs of the Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders by a Lender, such Lender Neither the Arranger nor the Documentation Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and condition, creditworthiness or other condition or creditworthiness affairs of the Borrower which may come into the possession of the Arranger or the Documentation Agent or any of such Lendertheir respective officers, directors, employees, agents, attorneys-in-fact or affiliates.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by Agent or one Lender hereinafter any Agent-Related Person hereafter taken, including any review of the affairs of Borrowerthe Credit Parties, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Credit Parties, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Credit Parties. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a LenderAdministrative Agent, such Lender Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Credit Parties which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Administrative Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerany Borrower Party. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any Borrower Party which may come into the possession of any of such Lenderthe Administrative Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Acme Parties, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Acme Parties, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Acme Parties. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Acme Parties which may come into the possession of any of such Lender.the Agent-Related Persons. 125 133

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, it and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, ATSC and the Borrower and its Subsidiaries shall be deemed to constitute any representation or warranty by the Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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, property, financial and other condition and creditworthiness of BorrowerATSC and the Borrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities 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 thereunderhereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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, property, financial and other condition and creditworthiness of the Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders 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 such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Administrative Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Administrative Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by either Agent or one Lender hereinafter taken, including any review of the affairs of BorrowerParent and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders each Agent that it has, independently and without reliance upon any other Lender 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 BorrowerParent and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 DocumentsAgreement, 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderan Agent, such Lender no Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related --------------- Persons has made any representation or warranty to it, and that no act by Agent or one Lender hereinafter taken, including any review of the affairs of BorrowerBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it is has, independently and without reliance upon any other Lender 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 credit-worthiness of BorrowerBorrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit-worthiness of Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a LenderAgent, such Lender Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower or any of its Subsidiaries which may come into the possession of any of such LenderAgent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that --------------- none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, it and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Borrower and its subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Borrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities 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 thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit worthiness of the Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of the Borrower which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent the Agents or the other Lenders any of their respective Related Parties has made any representation or warranty to it, and that no act by an Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Borrowers and their Affiliates, shall be deemed to constitute any representation or warranty by the such Agent or such Lender Related Parties to any other Lender. Each Lender represents to the other Lenders Agents that it has, independently and without reliance upon any other Lender Agent or Related Party 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 condition, and creditworthiness of Borrowerthe Borrowers and their Affiliates, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers. Each Lender also represents that it will, independently and without reliance upon any other Lender Agent or Related Party and based on such documents and information as it shall deem appropriate Exhibit A to FirstFourth Amendment Conformed Amended and Restated Credit Agreement – Independence Contract Drilling #37466145 at the time, continue to make its own credit analysis, appraisals 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 condition, and creditworthiness of Borrowerthe Borrowers. Except for any notices, reports reports, and other documents expressly herein required to be furnished to other the Lenders by a Lenderan Agent, such Lender neither Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition condition, or creditworthiness of any Borrower which may come into the possession of any of such LenderAgent or its Related Parties.

Credit Decision. Each Lender acknowledges that none of the --------------- Administrative Agent or the other Lenders has not made any representation or warranty to it, and that no act by the Administrative Agent or one Lender hereinafter hereafter taken, including any consent and acceptance of any assignment or review of the affairs of Borrowerthe Loan Parties, shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other LenderLender as to any matter, including whether the Administrative Agent has disclosed material information in its possession. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrower, and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated herebyLoan Parties, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Loan Parties hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Loan Parties. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and or other condition or creditworthiness of Borrower the Loan Parties which may come into the possession of any of such Lenderthe Administrative Agent.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the -63- business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of the Administrative Agent or the other Lenders has not made any representation or warranty to it, and that no act by the Administrative Agent or one Lender hereinafter hereafter taken, including any consent and acceptance of any assignment or review of the affairs of Borrowerthe Loan Parties or LSV, shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other LenderLender as to any matter, including whether the Administrative Agent has disclosed material information in its possession. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrower, and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated herebyLoan Parties or LSV, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company and LSV. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and or other condition or creditworthiness of Borrower the Company or LSV which may come into the possession of any of such Lenderthe Administrative Agent.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Borrowers and their Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons. 11.7.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company and its Subsidiaries hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lender.the Agent-Related Persons. 10.7

Credit Decision. Each Lender Bank expressly acknowledges that none neither the Administrative Agent nor any of Agent or the other Lenders its Affiliates nor any officer, director, employee, agent, attorney-in-fact of any of them has made any representation or warranty to it, it and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other LenderBank. Each Lender Bank represents to the other Lenders Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any other Lender Bank, 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 Borrower, and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated hereby, Borrower and made its own decision to enter into this Agreement and to extend credit to the Borrower thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon the Administrative Agent or any other Lender Bank, 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 Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Administrative Agent hereunder, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Bank 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 which may come into the possession of the Administrative Agent or any of such Lenderits officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lender.the Agent-Related Persons. 42

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Administrative Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderany Administrative Agent-Related Person.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to ittoit, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender Agent-Related Person and based on such onsuch 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 Borrowerthe Company. Except for any notices, reports and other andother documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent- --------------- Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit worthiness of Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Loan Parties and their Affiliates, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Loan Parties and their Affiliates, and all applicable bank, lending, interest rate laws and securities regulatory laws regulations relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Loan Parties. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Loan Parties and their Affiliates. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders by a LenderAgent, such Lender Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Loan Parties or any of their Affiliates which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by Agent or one Lender hereinafter taken, including any review of the affairs of BorrowerBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it is has, independently and without reliance upon any other Lender 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 credit-worthiness of BorrowerBorrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit-worthiness of Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a LenderAgent, such Lender Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower or any of its Subsidiaries which may come into the possession of any of such LenderAgent-Related Persons.

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Administrative Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderBorrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerany Borrower Party. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any Borrower Party which may come into the possession of any of such Lenderthe Administrative Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of BorrowerBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 BorrowerBorrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter hereafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to 55 constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and or other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank expressly acknowledges that none neither the Agent nor any of Agent or the other Lenders its affiliates nor any officer, director, employee, agent, attorney-in-fact of any of them has made any representation or warranty to it, it and that no act by the Agent or one Lender hereinafter hereafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries or any Borrower shall be deemed to constitute any representation or warranty by the Agent or such Lender to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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, property, financial and other condition and creditworthiness of Borrower, the Company and all applicable bank, lending, interest rate and securities regulatory laws relating to the transactions contemplated hereby, its Subsidiaries and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers and the Designated Subsidiaries. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Credit 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 Company and its Subsidiaries or any Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Company and its Subsidiaries or any Borrower which may come into the possession of the Agent or any of such Lenderits officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, such Lender and that no act by Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Borrowers, any asset manager, or any Subsidiary or Affiliate thereof, shall be deemed to constitute any representation or warranty by the Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Agent that it such Lender has, independently and without reliance upon any other Lender 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 each Borrower, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 each Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a LenderAgent, such Lender Agent shall not have any no duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, financial and other condition or creditworthiness of any Borrower or any Subsidiary or Affiliate thereof which may come into the possession of any of such LenderAgent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related --------------- Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent- Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company and its Subsidiaries hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lender.the Agent-Related Persons. 77

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by either Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Borrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders each Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Borrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities 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 thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 DocumentsAgreement, 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 any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lendereither Agent, such Lender Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower which may come into the possession of any of such Lender.and

Credit Decision. Each Lender Bank expressly acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, it and that no act by the Documentation Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Documentation Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, hereby and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Documentation Agent, such Lender the Documentation Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by either Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other Lender. Each Lender represents to the other Lenders each Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender 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 DocumentsAgreement, 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 Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderan Agent, such Lender no Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender expressly acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries shall be deemed to constitute any representation or warranty by the Administrative Agent or such Lender to any other Lender. Each Lender represents to the other Lenders Administrative Agent that it has, independently and without reliance upon any other Lender the Administrative 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, property, financial and other condition and creditworthiness of Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Borrowers hereunder. Each Lender also represents that it will, independently and without reliance upon any other Lender the Administrative 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 120 deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of Borrowerthe Borrowers. Except for any notices, reports and other documents expressly herein required to be furnished to other the Lenders by a Lenderthe Administrative Agent, such Lender the Administrative Agent shall not have any duty or responsibility to provide such other Lenders any Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Borrowers which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company or any Subsidiary which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by Agent or one Lender hereinafter taken, including any review of the affairs of BorrowerBorrower and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it is has, independently and without reliance upon any other Lender 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 credit-worthiness of BorrowerBorrower and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderhereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 credit-worthiness of Borrower. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a LenderAgent, such Lender Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower or any of its Subsidiaries which may come into the possession of any of such LenderAgent-Related Persons.

Credit Decision. Each Lender Bank expressly acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, it and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrower, the Company and its Subsidiaries shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.

Credit Decision. Each Lender Bank acknowledges that none of Agent or the other Lenders Agent-Related Persons has made any representation or warranty to it, and that no act by the Agent or one Lender hereinafter taken, including any review of the affairs of Borrowerthe Company and its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or such Lender any Agent-Related Person to any other LenderBank. Each Lender Bank represents to the other Lenders Agent that it has, independently and without reliance upon any other Lender 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 Borrowerthe Company and its Subsidiaries, and all applicable bank, lending, interest rate and securities bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to Borrower thereunderthe Company hereunder. Each Lender Bank also represents that it will, independently and without reliance upon any other Lender 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 Borrowerthe Company. Except for any notices, reports and other documents expressly herein required to be furnished to other Lenders the Banks by a Lenderthe Agent, such Lender the Agent shall not have any duty or responsibility to provide such other Lenders any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness credit worthiness of Borrower the Company which may come into the possession of any of such Lenderthe Agent-Related Persons.