Common use of Credit Decision Clause in Contracts

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 2 contracts

Sources: Credit Agreement (Xtra Corp /De/), Credit Agreement (Xtra Corp /De/)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- no Administrative Agent-Related Persons Person has made any representation or warranty to it, and that no act by the any Administrative Agent hereinafter Agent-Related Person hereafter taken, including any review of the affairs of the ParentBorrower, the Company and any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, propertyProperty, financial and other condition and creditworthiness of the Parent, the Company and their respective SubsidiariesBorrower, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, propertyProperty, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, propertyProperty, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 2 contracts

Sources: Term Loan Agreement (Venoco, Inc.), Term Loan Agreement (Venoco, Inc.)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrowers and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company each Borrower and their respective Subsidiariesits Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 2 contracts

Sources: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter any Agent-Related Person hereafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentCompany and its Subsidiaries, the Company value of and their respective Subsidiaries, title to any Collateral and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 2 contracts

Sources: Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Sources: Credit Agreement (Earthgrains Co /De/)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (McKesson Hboc Inc)

Credit Decision. Each Bank expressly acknowledges that none of --------------- the --------------- Administrative Agent-Related Persons has have made any representation or warranty to it, it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective Subsidiariesany Nexstar Entity or any Affiliate of any Nexstar Entity, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Administrative Agent-Related Person to such Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and 118 other condition and creditworthiness of the Parent, the Company Nexstar Entities and their respective SubsidiariesAffiliates, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank also represents that it will, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyNexstar Entities and their Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of Nexstar Entities and their respective Subsidiaries, Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Nexstar Broadcasting of the Wichita Falls LLC)

Credit Decision. Each Bank Lender expressly acknowledges that none neither the Administrative Agent, the Collateral Agent nor any of the --------------- Administrative AgentCo-Related Persons Agents nor any of their officers, directors, employees, agents, attorneys-in-fact or Affiliates has made any representation representations or warranty warranties to it, it and that no act by the Administrative Agent, the Collateral Agent or the Co-Agents hereinafter taken, including any review of the affairs of the Parent, the Company and their respective SubsidiariesBorrower, shall be deemed to constitute any representation or warranty by any the Administrative Agent, the Collateral Agent or the Co-Related Person Agents to such Bankany Lender. Each Bank represents to the Administrative Agent Lender acknowledges that it has, independently and without reliance upon any the Administrative Agent, the Collateral Agent, the Co-Related Person Agents or any other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of credit analysis and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderAgreement. Each Bank Lender also represents acknowledges that it will, independently and without reliance upon any the Administrative Agent, the Collateral Agent, the Co-Related Person Agents or 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 any 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 CompanyAgreement. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent hereunder, neither the Administrative Agent, the Administrative Collateral Agent nor any of the Co-Agents shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, condition (financial and other condition or otherwise), prospects or creditworthiness of the Parent, the Company, Borrower or any of their respective Subsidiaries, Subsidiary which may come into the possession of the Administrative Agent, the Collateral Agent or any of the Administrative AgentCo-Related PersonsAgents or any of their officers, directors, employees, agents, attorneys-in-fact or Affiliates.

Appears in 1 contract

Sources: Credit Agreement (Payless Cashways Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent and the Co-Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower Parties and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent and the Co-Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower Parties and their respective SubsidiariesAffiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, neither the Administrative Agent nor the Co-Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower Parties which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Salton Inc)

Credit Decision. Each Bank Lender expressly acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, such Lender and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the ParentBorrower, the Company and their respective SubsidiariesGuarantor, any asset manager, or any Subsidiary or Affiliate thereof, shall be deemed to constitute any representation or warranty by the Agent to any Administrative Agent-Related Person to such BankLender. Each Bank Lender represents to the Administrative Agent that it such Lender has, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it such Lender has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the ParentBorrower, the Company and their respective SubsidiariesGuarantor, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, propertyproperties, financial and other condition and creditworthiness of the CompanyBorrower and the Guarantor. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any no duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, propertyproperties, financial and other condition or creditworthiness of the ParentBorrower, the CompanyGuarantor, any asset manager or any of their respective Subsidiaries, Subsidiary or Affiliate thereof which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Prime Group Realty Trust)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Multicurrency Credit Agreement (Apw LTD)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentCompany and its Subsidiaries, the Company value of and their respective Subsidiariestitle to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, which may come into the possession of any of the Administrative Agent-Related Persons.the

Appears in 1 contract

Sources: Credit Agreement (Hollywood Theaters Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Agent Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Holdings and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Agent Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentHoldings and its Subsidiaries, the Company value of and their respective Subsidiariestitle to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company any Loan Party hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Companyany Loan Party. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, Holdings or any of their respective Subsidiaries, Subsidiary which may come into the possession of any of the Administrative Agent-Agent Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Building Materials Holding Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any review of the affairs of the ParentLessee, the Company and their respective its Subsidiaries, HCS I or HCS II, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and any investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentLessee, its Subsidiaries, HCS I and HCS II, the Company value of and their respective Subsidiariestitle to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated herebyhereby and by the other Operative Documents, and made its own decision to enter into this Loan Agreement and to extend credit to the Company hereunderBorrower hereunder and otherwise to Lessee under the other Operative Documents. Each Bank Lender also represents that it will, will independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Loan Agreement and the other Loan Operative Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyLessee. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative AgentAgent herein or in any other Operative Documents, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Lessee which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Participation Agreement (HCS Ii Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative U.S. Agent hereinafter hereafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative U.S. Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective Subsidiariesits Subsidiaries (including the other Borrowers), and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative U.S. Agent, the Administrative U.S. Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, Company or any of their respective Subsidiaries, other Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Multicurrency Credit Agreement (Alberto Culver Co)

Credit Decision. (a) Each Bank and each Issuing Bank expressly acknowledges that none of the --------------- Administrative Agent-Related Persons has Agent‑Related Persons, the Agents, the Sustainability Coordinator and the Lead Arrangers have not made any representation or warranty to it, and that no act by the Administrative Agent hereinafter Agent‑Related Persons, the Agents, the Sustainability Coordinator or the Lead Arrangers hereafter taken, including any consent to, and acceptance of any assignment or review of the affairs of the Parent, the Company and their respective Subsidiariesor any Affiliate thereof, shall be deemed to constitute any representation or warranty by Administrative Agent‑Related Persons, the Agents, the Sustainability Coordinator or the Lead Arrangers to any Bank or any Issuing Bank as to any matter, including whether the Administrative Agent-Agent‑Related Persons, the Agents, the Sustainability Coordinator and the Lead Arrangers have disclosed material information in their (or their Related Person to such BankParties’) possession. Each Bank and each Issuing Bank represents to the Administrative Agent Agent‑Related Persons, the Agents, the Sustainability Coordinator and the Lead Arrangers that it has, independently and without reliance upon the Administrative Agent‑Related Persons, the Agents, the Sustainability Coordinator, the Lead Arrangers, any Administrative Agent-other Bank or any of their respective Related Person Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis of, appraisal of of, and investigation into into, the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank or other regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank and each Issuing Bank also represents acknowledges that it will, independently and without reliance upon the Administrative Agent‑Related Persons, the Agents, the Sustainability Coordinator, the Lead Arrangers, any Administrative Agent-other Bank or any of their Related Person Parties and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under or based upon this Agreement and the Agreement, any other Loan DocumentsDocument or any related agreement or any document furnished hereunder or thereunder, 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. Except Each Bank and each Issuing Bank represents and warrants that (i) the Loan Documents set forth the terms of a commercial lending facility and (ii) it is engaged in making, acquiring or holding commercial loans in the ordinary course and is entering into this Agreement as a Bank or Issuing Bank for noticesthe purpose of making, reports acquiring or holding commercial loans and providing other documents expressly facilities set forth herein required as may be applicable to such Bank or Issuing Bank, and not for the purpose of purchasing, acquiring or holding any other type of financial instrument, and each Bank and each Issuing Bank agrees not to assert a claim in contravention of the foregoing. Each Bank and each Issuing Bank represents and warrants that it is sophisticated with respect to decisions to make, acquire and/or hold commercial loans and to provide other facilities set forth herein, as may be furnished applicable to such Bank or such Issuing Bank, and either it, or the Person exercising discretion in making its decision to make, acquire and/or hold such commercial loans or to provide such other facilities, is experienced in making, acquiring or holding such commercial loans or providing such other facilities. (b) Each Bank and each Issuing Bank further acknowledges that BofA Securities, Inc. is acting as Sustainability Coordinator to the Banks by the Administrative AgentCompany in connection with this Agreement. The Agents, the Administrative Agent shall not have Sustainability Coordinator and the Lead Arrangers, each acting in such capacities, make no any duty assurances as to (i) whether the facilities under this Agreement meet any Bank’s criteria or responsibility expectations with regard to provide any Bank with any credit environmental impact and sustainability performance, or other information concerning (ii) whether the business, prospects, operations, property, financial and other condition or creditworthiness characteristics of the Parentrelevant key performance indicators to which the Company will link a potential Applicable Margin step-up or step-down, the Companyincluding their environmental and sustainability criteria, or meet any of their respective Subsidiaries, which may come into the possession of any industry standards for sustainability-linked credit facilities and (b) each Bank should perform its own independent investigation and analysis of the Administrative Agent-Related Personsfacilities under this Agreement and whether such facilities meet its own criteria or expectations with regard to environmental impact and/or sustainability performance.

Appears in 1 contract

Sources: Five Year Credit Agreement (General Mills Inc)

Credit Decision. Each Bank expressly acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent hereinafter hereafter taken, including any review of the affairs of the ParentBorrowers, the Company and each of their respective Subsidiaries, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Administrative Agent-Related Person to such Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it has -------------------------------------------------------------------------------- Page 69 -------------------------------------------------------------------------------- deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentBorrowers, and each of the Company and their respective SubsidiariesSubsidiaries of the Borrowers, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank also represents that it will, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative AgentAgent (which shall be deemed to include documents delivered to the Administrative Agent with sufficient copies for each Bank pursuant to Sections 4.01, 6.01 and 6.02), the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Schuler Homes Inc)

Credit Decision. Each Revolving Lender (and Bank Product Provider) acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company any Borrower and their respective Subsidiariesits Subsidiaries or Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Revolving Lender (or Bank Product Provider). Each Revolving Lender represents (and by entering into a Bank represents Product Agreement, each Bank Product Provider shall be deemed to the Administrative represent) to Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such due diligence, documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective Subsidiarieseach Borrower or any other Person party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Revolving Lender also represents (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to represent) that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Companyeach Borrower or any other Person party to a Loan Document. Except for notices, reports reports, and other documents expressly herein required to be furnished to the Banks Revolving Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Revolving Lender (or Bank Product Provider) with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, any Borrower or any of their respective Subsidiaries, which other Person party to a Loan Document that may come into the possession of any of the Administrative Agent-Related Persons. Each Revolving Lender acknowledges (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that Agent does not have any duty or responsibility, either initially or on a continuing basis (except to the extent, if any, that is expressly specified herein) to provide such Revolving Lender (or Bank Product Provider) with any credit or other information with respect to any Borrower, its Affiliates or any of their respective business, legal, financial or other affairs, and irrespective of whether such information came into Agent’s or its Affiliates’ or representatives’ possession before or after the date on which such Revolving Lender became a party to this Agreement (or such Bank Product Provider entered into a Bank Product Agreement).

Appears in 1 contract

Sources: Credit Agreement (Us Xpress Enterprises Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons Agent has not made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Salant and their respective Subsidiariesits Subsidiaries or Affiliates, shall be deemed to dee▇▇▇ ▇▇ constitute any representation or warranty by Agent to any Administrative Agent-Related Person to such BankLender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial financing and other condition and creditworthiness of Borrowers and any other Person (other than any Lender) party to any of the Parent, the Company and their respective Subsidiariesother Financing Agreements, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and any of the other Loan DocumentsFinancing Agreements, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial financing and other condition and creditworthiness of Borrowers and any other Person (other than any Lender) party to this Agreement or any of the Companyother Financing Agreements. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, Borrowers and any other Person party to this Agreement or any of their respective Subsidiaries, which the other Financing Agreements that may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Salant Corp)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Applied Power Inc)

Credit Decision. Each Bank Lender acknowledges that none neither Administrative Agent nor any of the --------------- Administrative Agent-Related Persons has have made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrowers and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrowers and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Revolving Credit Agreement (Information Resources Inc)

Credit Decision. Each Bank Lender expressly acknowledges that none neither --------------- the Agent nor any of the --------------- Administrative Agentits Affiliates nor any director, officer, employee, agent or attorney-Related Persons in-fact of any of them has made any representation or warranty to it, it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Administrative Agent-Related Person to such BankLender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operationsproperties, propertyoperations or condition, financial and other condition or otherwise, and creditworthiness of the Parent, the Company and their respective Subsidiaries, and all applicable bank 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 the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan 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 CompanyCompany and its Subsidiaries. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative AgentAgent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operationsproperties, propertyoperations or condition, financial or otherwise, and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company and its Subsidiaries which may come into the possession of the Agent or any of the Administrative Agentits officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.

Appears in 1 contract

Sources: Credit Agreement (Georgia Pacific Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Sources: Long Term Credit Agreement (Republic Services Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent or Collateral Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective Subsidiariesits Subsidiaries or Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent and Collateral Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of Borrower and any other Person (other than the Parent, the Company and their respective SubsidiariesLender Group) party to a Loan Document, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrower. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of Borrower and any other Person (other than the CompanyLender Group) party to a Loan Document. Except for notices, reports reports, and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Collateral Agent, the Administrative neither Agent nor Collateral Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or Borrower and any of their respective Subsidiaries, which other Person party to a Loan Document that may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Loan and Security Agreement (Cutter & Buck Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrowers and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrowers and their respective SubsidiariesAffiliates, and all applicable bankruptcy and bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DIP Financing Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Post Petition Credit Agreement (Westpoint Stevens Inc)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Parent, the Company and their respective Subsidiariesany Obligor or any Affiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Bank as to any matter, including whether Agent-Related Persons have disclosed material information in their possession. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Obligors and their respective Subsidiaries, and all applicable bank or other regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers and the other Obligors hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers and the other Obligors. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative AgentAgent herein, the Administrative Agent shall not have any duty or responsibility to 103 provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Parent, the Company, Obligors or any of their respective Subsidiaries, Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Sources: Credit Agreement (Amerigas Finance Corp)

Credit Decision. Each Bank Lender expressly acknowledges that none --------------- neither the Agent nor any of the --------------- Administrative Agentits Affiliates nor any director, officer, employee, agent or attorney-Related Persons in-fact of any of them has made any representation or warranty to it, it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent to any Administrative Agent-Related Person to such BankLender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operationsproperties, propertyoperations or condition, financial and other condition or otherwise, and creditworthiness of the Parent, the Company and their respective Subsidiaries, and all applicable bank 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 the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan 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 CompanyCompany and its Subsidiaries. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative AgentAgent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operationsproperties, propertyoperations or condition, financial or otherwise, and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company and its Subsidiaries which may come into the possession of the Agent or any of the Administrative Agentits officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.

Appears in 1 contract

Sources: Credit Agreement (Georgia Pacific Corp)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Xtra Corp /De/)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- no Administrative Agent-Related Persons Person has made any representation or warranty to it, and that no act by the any Administrative Agent hereinafter Agent-Related Person hereafter taken, including any review of the affairs of the ParentCompany, the Company and any Guarantor or their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of of, and investigation into the business, prospects, operations, propertyProperty, financial and other condition and creditworthiness of the Parent, the Company and their respective SubsidiariesCompany, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, propertyProperty, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, propertyProperty, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Venoco, Inc.)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Holdings and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentHoldings and its Subsidiaries, the Company value of and their respective Subsidiariestitle to any Collateral, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company any Loan Party hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Companyany Loan Party. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, Holdings or any of their respective Subsidiaries, Subsidiary which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Building Materials Holding Corp)

Credit Decision. Each Bank acknowledges Lender acknowledges, and each subsequent holder of any Loan or Note shall be deemed to have acknowledged, that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company any Obligor and their respective Subsidiariesits Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company each Obligor and their respective Subsidiariesits Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyObligors. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Obligor which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Alesco Financial Inc)

Credit Decision. Each Bank Lender expressly acknowledges that none of the --------------- Administrative Agents or the Agent-Related Persons has made any representation or warranty to it, and that no act by any of the Administrative Agent hereinafter Agents hereafter taken, including any review of the Projects or of the affairs of the Parent, the Company and their respective SubsidiariesBorrowers, shall be deemed to constitute any representation or warranty by any Administrative Agent or Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent Agents that it has, independently and without reliance upon any Administrative Agent or Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, propertyProperty, financial and other condition and creditworthiness of the Parenteach Borrower, the Company Projects, the value of and their respective Subsidiariestitle to any Collateral, and all applicable bank regulatory laws Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent or Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Transaction Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, propertyProperty, financial and other condition and creditworthiness of each Borrower and the CompanyProjects. Except for notices, reports and other documents expressly herein required pursuant to any Finance Document to be furnished to the Banks Lenders by the Administrative AgentAgents, the Administrative Agent Agents shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, propertyProperty, financial and other condition or creditworthiness of the Parent, the Company, Projects or of any of their respective Subsidiaries, Borrower which may come into the possession of any Agent or any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Clean Energy Fuels Corp.)

Credit Decision. Each Bank Lender acknowledges that none --------------- of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Sources: Credit Agreement (Earthgrains Co /De/)

Credit Decision. Each Bank Purchaser expressly acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Collateral Agent hereinafter taken, including any review of the affairs of the ParentHoldings, the Company and their respective Subsidiaries, its Subsidiaries and Investees shall be deemed to constitute any representation or warranty by the Collateral Agent to any Administrative Agent-Related Person to such BankPurchaser. Each Bank Purchaser represents to the Administrative Collateral Agent that it has, independently and without reliance upon any Administrative Agent-Related Person the Collateral Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentHoldings, the Company and their respective Subsidiariesits Subsidiaries and Investees, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Purchaser also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Collateral Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Security Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Purchasers by the Administrative Collateral Agent, the Administrative Collateral Agent shall not have any duty or responsibility to provide any Bank Purchaser with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Collateral Agent-Related Persons.

Appears in 1 contract

Sources: Senior Secured Note and Warrant Purchase Agreement (International Wireless Communications Holdings Inc)

Credit Decision. Each Bank (which for purposes of this Section 9.06 shall include each Designated Bidder) acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documentsdocuments or instruments given in connection herewith, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Louisiana Pacific Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective Subsidiariesits Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective Subsidiariesits Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrower. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Kforce Com Inc)

Credit Decision. Each Bank expressly acknowledges that none of --------------- the --------------- Administrative Agent-Related Persons has have made any representation or warranty to it, it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective Subsidiariesany Nexstar Entity or any Affiliate of any Nexstar Entity, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Administrative Agent-Related Person to such Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Nexstar Entities and their respective SubsidiariesAffiliates, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank also represents that it will, independently and without reliance upon any the Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyNexstar Entities and their Affiliates. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of Nexstar Entities and their respective Subsidiaries, Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.. 122

Appears in 1 contract

Sources: Credit Agreement (Nexstar Finance Holdings LLC)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative no Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter hereafter taken, including any consent to and acceptance of any assignment or review of the affairs of the Parent, the Company and their respective Subsidiariesany Credit Party or any Affiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Bank as to any matter, including whether Agent-Related Persons have disclosed material information in their possession. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such 104 documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Credit Parties and their respective Subsidiaries, and all applicable bank or other regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower and the other Credit Parties hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower and the other Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative AgentAgent herein, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of any of the Parent, the Company, Credit Parties or any of their respective Subsidiaries, Affiliates which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Sources: Credit Agreement (Amerigas Eagle Finance Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Renaissancere Holdings LTD)

Credit Decision. Each Bank Lender expressly acknowledges that none neither the Administrative Agent nor any of the --------------- Administrative Agentits Affiliates or any officer, director, employee, agent, attorney-Related Persons in-fact of any of them has made any representation or warranty to it, it and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the ParentGuarantor and its Subsidiaries, including the Company and their respective SubsidiariesBorrower, shall be deemed to constitute any representation or warranty by the Administrative Agent to any Administrative Agent-Related Person to such BankLender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Lender, and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operationsproperties, propertyoperations or condition, financial and other condition or otherwise, and creditworthiness of the Parent, Borrower and the Company and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, Guarantor and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon the Administrative Agent or any Administrative Agent-Related Person other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan DocumentsAgreement, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operationsproperties, propertyoperations or condition, financial and other condition or otherwise, and creditworthiness of the CompanyBorrower and the Guarantor. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative AgentAgent hereunder, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operationsproperties, propertyoperations or condition, financial or otherwise, and other condition or creditworthiness of the Parent, Borrower or the Company, or any of their respective Subsidiaries, Guarantor which may come into the possession of the Administrative Agent or any of the Administrative Agentits officers, directors, employees, agents, attorneys-Related Personsin-fact or Affiliates.

Appears in 1 contract

Sources: Three Year Term Loan Agreement (Tyson Foods Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and 108 based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Sather Trucking Corp)

Credit Decision. Disclosure of Information by the ------------------------------------------------- Administrative Agent. Each Bank Investor and Funding Agent acknowledges -------------------- that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the ParentSPV, the Company and Master Servicer, the Originators or any of their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent- Related Person to any Investor or Funding Agent as to any matter, including whether the Administrative Agent-Related Person to such BankPersons have disclosed material information in their possession. Each Bank Investor and Funding Agent, including any Investor or Funding Agent by assignment, represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentSPV, the Company and Master Servicer, the Originators or their respective SubsidiariesAffiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company SPV hereunder. Each Bank Investor and Funding Agent also represents that it willshall, independently and without reliance upon any Administrative Agent-Agent- Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan 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 the CompanySPV, the Master Servicer or the Originators. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Investors or the Funding Agents by the Administrative AgentAgent herein, the Administrative Agent shall not have any duty or responsibility to provide any Bank Investor or Funding Agent with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the ParentSPV, the CompanyMaster Servicer, the Originators or any of their respective Subsidiaries, Affiliates which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Transfer and Administration Agreement (Arrow Electronics Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, 68 75 property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Company which may come into the possession of any of the Administrative Agent-Related PersonsPerson.

Appears in 1 contract

Sources: Long Term Credit Agreement (Tenneco Packaging Inc)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Multicurrency Credit Agreement (Apw LTD)

Credit Decision. Each Bank Lender acknowledges that --------------- none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, Borrower or any of their respective Subsidiaries, its Subsidiaries which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Manor Investment Co Inc)

Credit Decision. Disclosure of Information by the Administrative Agent. Each Bank Lender acknowledges that none of the --------------- no Administrative Agent-Related Persons Person has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any consent to and acceptance of any assignment or review of the affairs of the ParentBorrower, the Company and their respective Subsidiariesany Guarantor or any Affiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender as to any matter, including whether Administrative Agent-Related Persons have disclosed material information in their possession. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentBorrower, the Company Guarantors and their respective Subsidiaries, and all applicable bank or other regulatory laws Applicable Laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the Company. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, which may come into the possession of any of the Administrative Agent-Related Persons.this

Appears in 1 contract

Sources: Loan Agreement (Medcath Corp)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentBorrower and its Subsidiaries, the Company value of and their respective Subsidiariestitle to any Collateral, and all 102 applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Credit Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or of creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Secured Credit Agreement (Sealy Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Parent and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Parent and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers and other Credit Parties. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Credit Party which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Ames Department Stores Inc)

Credit Decision. Each Bank and each Issuing Bank expressly acknowledges that none of the --------------- Administrative Agent-Related Persons has Persons, the Agents and the Lead Arrangers have not made any representation or warranty to it, and that no act by the Administrative Agent hereinafter Agent-Related Persons, the Agents or the Lead Arrangers hereafter taken, including any consent to, and acceptance of any assignment or review of the affairs of the Parent, the Company and their respective Subsidiariesor any Affiliate thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person Persons, the Agents or the Lead Arrangers to such Bankany Bank or any Issuing Bank as to any matter, including whether the Administrative Agent-Related Persons, the Agents and the Lead Arrangers have disclosed material information in their (or their Related Parties’) possession. Each Bank and each Issuing Bank represents to the Administrative Agent Agent-Related Persons, the Agents and the Lead Arrangers that it has, independently and without reliance upon any the Administrative Agent-Related Person Persons, the Agents, the Lead Arrangers, any other Bank or any of their respective Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis of, appraisal of of, and investigation into into, the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank or other regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunder. Each Bank and each Issuing Bank also represents acknowledges that it will, independently and without reliance upon any the Administrative Agent-Related Person Persons, the Agents, the Lead Arrangers, any other Bank or any of their Related Parties and based on such documents and information as it shall from time to time deem appropriate at the timeappropriate, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under or based upon this Agreement and the Agreement, any other Loan DocumentsDocument or any related agreement or any document furnished hereunder or thereunder, 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. Except Each Bank and each Issuing Bank represents and warrants that (i) the Loan Documents set forth the terms of a commercial lending facility and (ii) it is engaged in making, acquiring or holding commercial loans in the ordinary course and is entering into this Agreement as a Bank or Issuing Bank for noticesthe purpose of making, reports acquiring or holding commercial loans and providing other documents expressly facilities set forth herein required as may be applicable to be furnished such Bank or Issuing Bank, and not for the purpose of purchasing, acquiring or holding any other type of financial instrument, and each Bank and each Issuing Bank agrees not to assert a claim in contravention of the Banks by the Administrative Agentforegoing. Each Bank and each Issuing Bank represents and warrants that it is sophisticated with respect to decisions to make, the Administrative Agent shall not have any duty or responsibility acquire and/or hold commercial loans and to provide any other facilities set forth herein, as may be applicable to such Bank with any credit or other information concerning the businesssuch Issuing Bank, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Companyeither it, or any of their respective Subsidiariesthe Person exercising discretion in making its decision to make, which may come into the possession of any of the Administrative Agent-Related Personsacquire and/or hold such commercial loans or to provide such other facilities, is experienced in making, acquiring or holding such commercial loans or providing such other facilities.

Appears in 1 contract

Sources: Credit Agreement (General Mills Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrowers and their respective Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrowers and their respective Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Reliance Steel & Aluminum Co)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Co-Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative any Co-Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective Subsidiariesits Affiliates, shall be deemed to constitute any representation or warranty by any Administrative Co-Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent Co-Agents that it has, independently and without reliance upon any Administrative Co-Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective Subsidiariesits Affiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrower. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Co-Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative AgentCo-Agents, the Administrative Agent Co-Agents shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Co-Agent-Related Persons.

Appears in 1 contract

Sources: Loan and Security Agreement (Good Guys Inc)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the ParentStar Gas Partners, the Company Borrower and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrower and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Star Gas Partners Lp)

Credit Decision. Each The Swingline Bank and each Bank each acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative any Agent hereinafter taken, including any review of the affairs of the Parent, the Company any Borrower and their respective Subsidiariesits subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to any such BankPerson. Each The Swingline Bank and each Bank each represents to the Administrative each Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the assets, business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective Subsidiarieseach Borrower, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each The Swingline Bank and each Bank each also represents that it will, independently and without reliance upon any Administrative Agent-Agent- Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit and collateral 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 businessrespective assets, businesses, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Swingline Bank and/or Banks by the Administrative such Agent, the Administrative no Agent shall not have any duty or responsibility to provide any Bank such Person with any credit credit, collateral or other information concerning the businessrespective assets, businesses, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Greenbrier Companies Inc)

Credit Decision. Each Bank expressly acknowledges that none of the --------------- Administrative Agent/IB-Related Persons has made any representation or warranty to it, it and that no act by the Administrative Agent or the Issuing Bank hereinafter taken, including any review of the affairs of the Parent, the Company and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by the Agent or the Issuing Bank to any Administrative Agent-Related Person to such Bank. Each Bank represents to the Administrative Agent and the Issuing Bank that it such Bank has, independently and without reliance upon any Administrative Agent-Related Person the Agent or the Issuing Bank and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated herebythereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person the Agent or the Issuing 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 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 CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative AgentAgent or the Issuing Bank (if any), the Administrative Agent and the Issuing Bank shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent/IB-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Solectron Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons Agent has not made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrower and their respective SubsidiariesSubsidiaries or Affiliates, shall be deemed to constitute any representation or warranty by Agent to any Administrative Agent-Related Person to such BankLender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person Agent and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial financing and other condition and creditworthiness of Borrowers and any other Person (other than any Lender) party to any of the Parent, the Company and their respective Subsidiariesother Financing Agreements, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person Agent and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and any of the other Loan DocumentsFinancing Agreements, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial financing and other condition and creditworthiness of Borrowers and any other Person (other than any Lender) party to this Agreement or any of the Companyother Financing Agreements. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, Borrowers and any other Person party to this Agreement or any of their respective Subsidiaries, which the other Financing Agreements that may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Loan and Security Agreement (Doe Run Resources Corp)

Credit Decision. Each Bank Lender acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Borrowers and their respective SubsidiariesAffiliates, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such Bankany Lender. Each Bank Lender represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Borrowers and their respective SubsidiariesAffiliates, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company hereunderBorrowers. Each Bank Lender also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks Lenders by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank Lender with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Unifrax Investment Corp)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter taken, including any review of the affairs of the Parent, the Company Parent and their respective its Subsidiaries, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the Parent, the Company Parent and their respective its Subsidiaries, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrowers hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrowers. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrowers which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Credit Agreement (Apw LTD)

Credit Decision. Each Bank acknowledges that none of the --------------- Administrative Agent-Related Persons has made any representation or warranty to it, and that no act by the Administrative Agent hereinafter any Agent-Related Person hereafter taken, including any review of the affairs of the ParentBorrower, the Company and their respective SubsidiariesGuarantors or Subsidiaries thereof, shall be deemed to constitute any representation or warranty by any Administrative Agent-Related Person to such any Bank. Each Bank represents to the Administrative Agent that it has, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it has deemed appropriate, made its own appraisal of and investigation into the business, prospects, operations, property, financial and other condition and creditworthiness of the ParentBorrower, the Company and their respective SubsidiariesGuarantors or Subsidiaries thereof, and all applicable bank regulatory laws relating to the transactions contemplated hereby, and made its own decision to enter into this Agreement and to extend credit to the Company Borrower hereunder. Each Bank also represents that it will, independently and without reliance upon any Administrative Agent-Related Person and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement and the other Loan Documents, and to make such investigations as it deems necessary to inform itself as to the business, prospects, operations, property, financial and other condition and creditworthiness of the CompanyBorrower. Except for notices, reports and other documents expressly herein required to be furnished to the Banks by the Administrative Agent, the Administrative Agent shall not have any duty or responsibility to provide any Bank with any credit or other information concerning the business, prospects, operations, property, financial and other condition or creditworthiness of the Parent, the Company, or any of their respective Subsidiaries, Borrower which may come into the possession of any of the Administrative Agent-Related Persons.

Appears in 1 contract

Sources: Senior Secured Revolving Credit Agreement (Stroud Energy Inc)