Common use of Actions by the Collateral Agent Clause in Contracts

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

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

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