Common use of Lack of Reliance on the Agent Clause in Contracts

Lack of Reliance on the Agent. Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Note, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of Parent and its Subsidiaries in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of Parent and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectability, priority or sufficiency of this Agreement or any other Credit Document or the financial condition of Parent and its Subsidiaries or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit Document, or the financial condition of Parent and its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on the Agent. (A) Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Noteany Lender or any Issuing Bank, to the extent it deems appropriate, has made and shall continue to make (iI) its own independent investigation of the financial or other condition and affairs of Parent and its Subsidiaries each Credit Party in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (iiII) its own appraisal of (A) the creditworthiness of Parent each Credit Party, and its Subsidiaries (B) the Collateral, and, except as expressly provided in this Credit Agreement, the Administrative Agent shall not have any no duty or responsibility, either initially or on a continuing basis, to provide any Lender or any Issuing Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans initial Credit Event or at any time or times thereafter. . (B) The Administrative Agent shall not be responsible to any Lender or Issuing Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith Credit Document or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollectibility, priority or sufficiency of this Credit Agreement or any other Credit Document or the financial or other condition of Parent and its Subsidiaries or any Credit Party. The Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Credit Agreement or any other Credit Document, or the financial condition of Parent and its Subsidiaries any Credit Party, or the existence or possible existence of any Default or Event of Default, unless specifically requested to do so in writing by any Lender or Issuing Bank, as the case may be.

Lack of Reliance on the Agent. Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Note, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of Parent the Borrower and its Subsidiaries the other Credit Parties in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of Parent the Borrower and its Subsidiaries the other Credit Parties and, except as expressly provided in this Agreement, the Administrative Agent shall not have any no duty or responsibility, either initially or on a continuing basis, to provide any Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollectibility, priority or sufficiency of this Agreement or any other Credit Document or the financial condition of Parent and its Subsidiaries the Borrower or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit Document, or the financial condition of Parent and its Subsidiaries the Borrower or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on the Agent. Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Note, to the extent it deemed or deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of Parent the Borrower and its Subsidiaries in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of Parent the Borrower and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectability, priority or sufficiency of this Agreement or any other Credit Document or the financial condition of Parent and the Borrower or any of its Subsidiaries or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit Document, or the financial condition of Parent and the Borrower or any of its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on the Agent. Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Note, to the extent it deemed or deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of Parent the Borrower and its Subsidiaries in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of Parent the Borrower and its Subsidiaries and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the executionexecu tion, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollect ability, priority or sufficiency of this Agreement or any other Credit Document or the financial condition of Parent and the Borrower or any of its Subsidiaries or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit Document, or the financial condition of Parent and the Borrower or any of its Subsidiaries or the existence or possible existence of any Default or Event of Default.

Lack of Reliance on the Agent. (a) Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Noteany Lender or any Issuing Bank, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of Parent and its Subsidiaries each Credit Party in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of (A) the creditworthiness of Parent each Credit Party, and its Subsidiaries (B) the Collateral, and, except as expressly provided in this Agreement, the Administrative Agent shall not have any no duty or responsibility, either initially or on a continuing basis, to provide any Lender or any Issuing Bank or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans initial Credit Event or at any time or times thereafter. . (b) The Administrative Agent shall not be responsible to any Lender or Issuing Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith Credit Document or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollectibility, priority or sufficiency of the DIP Orders, this Agreement or any other Credit Document or the financial or other condition of Parent and its Subsidiaries or any Credit Party. The Agent shall not be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of the DIP Orders, this Agreement or any other Credit Document, or the financial condition of Parent and its Subsidiaries any Credit Party, or the existence or possible existence of any Default or Event of Default, unless specifically requested to do so in writing by any Lender or Issuing Bank, as the case may be.

Lack of Reliance on the Agent. (a) Independently and without reliance upon the Administrative Agent, each Bank and the holder of each Noteany Lender or any Issuing Lender, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of Parent and its Subsidiaries each Credit Party in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of (A) the creditworthiness of Parent each Credit Party, and its Subsidiaries (B) the Collateral, and, except as expressly provided in this Credit Agreement, the Administrative Agent shall not have any no duty or responsibility, either initially or on a continuing basis, to provide any Bank Lender or the holder of any Note Issuing Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans Initial Credit Event or at any time or times thereafter. . (b) The Administrative Agent shall not be responsible to any Bank Lender or the holder of any Note Issuing Lender for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith Credit Document or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollectibility, priority or sufficiency of this Credit Agreement or any other Credit Document or the financial or other condition of Parent and its Subsidiaries or any Credit Party. The Agent shall not be required to make any inquiry concerning either the performance or observance observance, of any of the terms, provisions or conditions of this Credit Agreement or any other Credit Document, or the financial condition of Parent and its Subsidiaries any Credit Party, or the existence or possible existence of any Default or Event of Default, unless specifically requested to do so in writing by any Lender or Issuing Lender, as the case may be.

Lack of Reliance on the Agent. (a) Independently and without reliance upon the Administrative either Agent, each Bank and the holder of each Noteany Lender or any Issuing Bank, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial or other condition and affairs of Parent and its Subsidiaries each Credit Party in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of (A) the creditworthiness of Parent each Credit Party, and its Subsidiaries (B) the Collateral, and, except as expressly provided in this Credit Agreement, the Administrative neither Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Lender or any Issuing Bank or the holder of any Note with any credit 117 or other information with respect thereto, whether coming into its possession before the making of the Loans initial Credit Event or at any time or times thereafter. The Administrative . (b) Neither Agent shall not be responsible to any Lender or Issuing Bank or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith Credit Document or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollectibility, priority or sufficiency of this Credit Agreement or any other Credit Document or the financial or other condition of Parent and its Subsidiaries or any Credit Party. Neither Agent shall be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Credit Agreement or any other Credit Document, or the financial condition of Parent and its Subsidiaries any Credit Party, or the existence or possible existence of any Default or Event of Default, unless specifically requested to do so in writing by any Lender or Issuing Bank, as the case may be.

Lack of Reliance on the Agent. Independently and without reliance upon the Administrative Agent, each Bank Lender and the holder of each Note, to the extent it deems appropriate, has made and shall continue to make (i) its own independent investigation of the financial condition and affairs of Parent and its Subsidiaries the Credit Parties in connection with the making and the continuance of the Loans and the taking or not taking of any action in connection herewith and (ii) its own appraisal of the creditworthiness of Parent and its Subsidiaries the Credit Parties and, except as expressly provided in this Agreement, the Administrative Agent shall not have any duty or responsibility, either initially or on a continuing basis, to provide any Bank Lender or the holder of any Note with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter. The Administrative Agent shall not be responsible to any Bank Lender or the holder of any Note for any recitals, statements, information, representations or warranties herein or in any document, certificate or other writing delivered in connection herewith or for the execution, effectiveness, genuineness, validity, enforceability, perfection, collectabilitycollectibility, priority or sufficiency of this Agreement or any other Credit Document or the financial condition of Parent the Borrower and its Subsidiaries or be required to make any inquiry concerning either the performance or observance of any of the terms, provisions or conditions of this Agreement or any other Credit Document, or the financial condition of Parent the Borrower and its Subsidiaries or the existence or possible existence of any Default or Event of Default.