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This excerpt taken from the CVS 8-K filed Mar 23, 2007. Non-Reliance
Each Lender expressly
acknowledges that
neither the Administrative Agent nor any of its officers, directors, employees,
agents, attorneys-in-fact or Affiliates has made any representations or
warranties to such Lender and that no act by the Administrative Agent hereafter,
including any review of the affairs of the Borrower or the Subsidiaries, shall
be deemed to constitute any representation or warranty by the Administrative
Agent to any Lender. Each Lender represents to the Administrative Agent that
such Lender has, independently and without reliance upon the Administrative
Agent or any other Lender, and based on such documents and information as it
has
deemed appropriate, made its own evaluation of and investigation into the
business, operations, Property, financial and other condition and
creditworthiness of the Borrower and the Subsidiaries and has made its own
decision to enter into this Agreement. Each Lender also represents that it
will,
independently and without reliance upon the Administrative Agent 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, evaluations and decisions
in taking or not taking action under the Loan Documents, and to make such
investigation as it deems necessary to inform itself as to the business,
operations, Property, financial and other condition and creditworthiness of
the
Borrower and the Subsidiaries. Each Lender acknowledges that a copy of this
Agreement and all exhibits and schedules hereto have been made available to
it
and its individual counsel for review, and each Lender acknowledges that it
is
satisfied with the form and substance thereof. Except for notices, reports
and
other documents expressly required to be furnished to the Lenders by the
Administrative Agent hereunder, the Administrative Agent shall have no duty
or
responsibility to provide any Lender with any credit or other information
concerning the business, operations, Property, financial and other condition
or
creditworthiness of the Borrower or the Subsidiaries which may come into the
possession of the Administrative Agent or any of its officers, directors,
employees, agents, attorneys-in-fact or Affiliates.
10.7 |
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