Common use of Limitation of responsibility of Existing Lender Clause in Contracts

Limitation of responsibility of Existing Lender. 23.3.1 Unless expressly agreed to the contrary, the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (a) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents or any other documents; (b) the financial condition of any Obligor; (c) the performance and observance by an Obligor of its obligations under the Finance Documents or any other documents; or (d) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded. 23.3.2 Each New Lender confirms to the Existing Lender that it: (a) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of the Obligors in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender in connection with any Finance Document; and (b) will continue to make its own independent appraisal of the creditworthiness of the Borrower whilst any amount is or may be outstanding under the Finance Documents or any commitment is in force. 23.3.3 Nothing in any Finance Document obliges the Existing Lender to: (a) accept a re-Transfer from a New Lender of any of the rights and obligations Transferred under this Clause 23 (Changes to the Parties); or (b) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by an Obligor of its obligations under the Finance Documents or otherwise.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Lesaka Technologies Inc)

Limitation of responsibility of Existing Lender. 23.3.1 21.3.1 Unless expressly agreed to the contrary, the Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for:for - (a) 21.3.1.1 the legality, validity, effectiveness, adequacy or enforceability of the Finance Finance 21.3.1.2 Documents or any other documents; (b) 21.3.1.3 the financial condition of any ObligorObligor or Limited Security Provider; (c) 21.3.1.4 the performance and observance by an Obligor or Limited Security Provider of its obligations under the Finance Documents or any other documents; or (d) 21.3.1.5 the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded. 23.3.2 21.3.2 Each New Lender confirms to the Existing Lender that it:it - (a) 21.3.2.1 has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of the Obligors or Limited Security Provider in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender in connection with any Finance Document; and (b) 21.3.2.2 will continue to make its own independent appraisal of the creditworthiness of the Borrower Obligors whilst any amount is or may be outstanding under the Finance Documents or any commitment is in force. 23.3.3 21.3.3 Nothing in any Finance Document obliges the Existing Lender to:to - (a) 21.3.3.1 accept a re-Transfer from a New Lender of any of the rights and obligations Transferred under this Clause 23 21 (Changes to the Parties); or (b) 21.3.3.2 support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by an Obligor or Limited Security Provider of its obligations under the Finance Documents or otherwise.

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Lesaka Technologies Inc)