Common use of Condition of Borrower and its Subsidiaries Clause in Contracts

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor that each Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries or their Properties, whether now known or hereafter known by Creditor during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor need not inquire into the powers of Borrower or any Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor Beneficiary that each Guarantor has established adequate means of obtaining from Borrower and its Borrower’s Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Borrower’s Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Borrower’s Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Beneficiary or Collateral Agent (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Borrower’s Subsidiaries or and their Properties, whether now known or hereafter known by Creditor Beneficiary during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Beneficiary need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each ------------------------------------------ Guarantor represents and warrants to Creditor Bank that each Guarantor has established adequate means of obtaining from Borrower Borrower, Parent and its their Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower Borrower, Parent and its their Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower Borrower, Parent and its their Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Bank (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower Borrower, Parent or its their Subsidiaries or their Properties, whether now known or hereafter known by Creditor Bank during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Bank need not inquire into the powers of Borrower Borrower, Parent or any of their Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor Lender that each Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries or their Properties, whether now known or hereafter known by Creditor Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied ObligationsObliga tions, Creditor Lender need not inquire into the powers of Borrower or any Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor Lender that each Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries or their Properties, whether now known or hereafter known by Creditor Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Lender need not inquire into the powers of Borrower or any Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations Oblig- ations made or created in good faith reliance upon the professed pro- fessed exercise of such powers shall be secured hereby. 9.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor Beneficiary that each Guarantor has established adequate means of obtaining from Borrower and its Borrower’s Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Borrower’s Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Borrower’s Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Beneficiary or Collateral Agent (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Borrower’s Subsidiaries or and their Properties, whether now known or hereafter known by Creditor Beneficiary during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Beneficiary need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Guarantor ------------------------------------------ represents and warrants to Creditor Lender that each such Guarantor has established adequate means of obtaining from Borrower and its other Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties, and each such Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Lender (should any such duty exist) to disclose to any that Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its other Subsidiaries or their Properties, whether now known or hereafter known by Creditor Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Lender need not inquire into the powers of Borrower or any Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor Lender that each Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries or their Properties, whether now known or hereafter known by Creditor Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Lender need not inquire into the powers of Borrower or any Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby. 9.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor Lender that each such Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties, and each such Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries or their Properties, whether now known or hereafter known by Creditor Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor Lender need not inquire into the powers of Borrower or any Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Completion Guarantor represents and warrants to Creditor the Administrative Agent and the Creditors that each Completion Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, if any, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries Subsidiaries, if any, and their respective Properties, and each Completion Guarantor now is are and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries Subsidiaries, if any, and their respective Properties. Each Completion Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor Administrative Agent or the Creditors (should any such duty exist) to disclose to any Completion Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries Subsidiaries, if any, or their respective Properties, whether now known or hereafter known by Administrative Agent or any Lender or Creditor during the life of this Subsidiary Completion Guaranty. With respect to any of the Guarantied Obligationsobligations guarantied hereby, Creditor neither Administrative Agent nor the Creditors need not inquire into the powers of Borrower or any of its Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations obligations guarantied hereby made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Creditor the Secured Parties that each Guarantor has established adequate means of obtaining from Borrower and its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Propertiesproperties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and its Subsidiaries and their Propertiesproperties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Creditor any Secured Party (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or its Subsidiaries or their Propertiesproperties, whether now known or hereafter known by Creditor the Secured Parties during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Creditor the Secured Parties need not inquire into the powers of Borrower or any Subsidiaries Subsidiary thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured herebybinding and enforceable.