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

Condition of Borrower and its Subsidiaries. Each Grantor represents and warrants to Secured Party that such Grantor 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 such Grantor 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. To the maximum extent permitted by law, each Grantor hereby expressly waives and relinquishes any duty on the part of Secured Party (should any such duty exist) to disclose to such Grantor 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 Secured Party during the life of this Agreement. With respect to any of the Obligations, Secured Party need not inquire into the powers of any Borrower or any of its Subsidiaries thereof, or the officers or employees acting or purporting to act on their behalf, and all Secured Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 2 contracts

Samples: Security Agreement (Herbst Gaming Inc), Credit Agreement (Herbst Gaming Inc)

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

Appears in 1 contract

Samples: Security Agreement (Quidel Corp /De/)

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

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Wd 40 Co)

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

Appears in 1 contract

Samples: Note Purchase and Private Shelf Agreement (Wd 40 Co)

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

Appears in 1 contract

Samples: Trademark Collateral Assignment (Central Financial Acceptance Corp)

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

Appears in 1 contract

Samples: Security Agreement (Central Financial Acceptance Corp)

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

Appears in 1 contract

Samples: Credit Agreement (Masimo Corp)

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