Common use of Independent Credit Decisions Clause in Contracts

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and the Loan Parties and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) of this Agreement or any other Loan Document or to inspect the Properties or books of the Borrower (or any other Person). Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower (or any of its Affiliates) which may come into the possession of the Administrative Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Administrative Agent Agent, or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower Borrowers and the Loan Parties and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent Agent, or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (Borrowers or any other Person) obligated party of this Agreement or any other Loan Document or to inspect the Properties properties or books of the Borrower (or any other Person)Borrower. Except for notices, reports and other documents and information expressly required to be furnished by the Borrowers to the Agent only or otherwise by the Agent to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, or both, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit credit, financial or other financial information concerning the affairs, financial condition or business of the Borrower Borrowers (or any of its their Affiliates) which may come into the possession of the Administrative Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and NCH and the Loan Parties Subsidiaries of the Borrower and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) of this Agreement or any other Loan Document or to inspect the Properties or books of the Borrower (or any other Person). Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower (or any of its Affiliates) which may come into the possession of the Administrative Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it ---------------------------- has independently and without reliance on the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and the Loan Parties Subsidiaries of the Borrower and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) of this Agreement or any other Loan Document or to inspect the Properties or books of the Borrower (or any other Person). Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower (or any of its Affiliates) which may come into the possession of the Administrative Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Administrative any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower Borrower, NCI, NII and NCH and the Loan Parties Subsidiaries of the Borrower, NCI, NII and NCH and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative any Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative No Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) of this Agreement or any other Loan Document or to inspect the Properties or books of the Borrower (or any other Person). Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, the Administrative no Agent shall not have any duty or responsibility to 102 109 provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower (or any of its Affiliates) which may come into the possession of the Administrative such Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Administrative any Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and the Loan Parties Guarantors and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Administrative any Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent Neither of the Agents shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) Obligated Party of this Agreement or any other Loan Document or to inspect the Properties properties or books of the Borrower (or any other Person)Obligated Party. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, neither of the Administrative Agent Agents shall not have any duty or responsibility to provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower or any Obligated Party (or any of its their Affiliates) which may come into the possession of the Administrative any Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Agent, the Documentation Agent, the Administrative Agent or any other Lender, and based on such documents and information as it has deemed appropriate, made its own credit analysis of the Borrower and the other Loan Parties and its own decision to enter into this Agreement and that it will, independently and without reliance upon the Agent, the Documentation Agent, the Administrative Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) Loan Party of this Agreement or any other Loan Document or to inspect the Properties or books of the Borrower (or any other Person)Loan Party. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower any Loan Party (or any of its their Affiliates) which may come into the possession of the Administrative Agent or any of its Affiliates.

Independent Credit Decisions. Each Lender agrees that it has independently and without reliance on the Administrative Agent or any other Lender, and based on such documents documentation and information as it has deemed appropriate, made its own credit analysis of the Borrower and the Loan Credit Parties and its own decision to enter into the Original Credit Agreement, the First Amended Credit Agreement (to the extent applicable), the Second Amended Credit Agreement and this Agreement and that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own analysis and decisions in taking or not taking action under this Agreement or any of the other Loan Documents. The Administrative Agent shall not be required to keep itself informed as to the performance or observance by the Borrower (or any other Person) Credit Party of this Agreement or any other Loan Document or to inspect the Properties properties or books of the Borrower (or any other Person)Credit Party. Except for notices, reports and other documents and information expressly required to be furnished to the Lenders by the Administrative Agent hereunder or under the other Loan Documents, the Administrative Agent shall not have any duty or responsibility to provide any Lender with any credit or other financial information concerning the affairs, financial condition or business of the Borrower any Credit Party (or any of its their Affiliates) which may come into the possession of the Administrative Agent or any of its Affiliates.