Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 132 contracts
Samples: Loan and Security Agreement (Vertex Energy Inc.), Loan and Security Agreement (Vertex Energy Inc.), Credit Agreement (Bowman Consulting Group Ltd.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 19 contracts
Samples: Credit Agreement (NOODLES & Co), Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (NOODLES & Co)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 15 contracts
Samples: Credit Agreement (Shutterstock, Inc.), Credit Agreement (Nathans Famous, Inc.), Credit Agreement (Pool Corp)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the any Secured Parties Party to, at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 13 contracts
Samples: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Tanger Properties LTD Partnership /Nc/), Term Loan Agreement (Tanger Properties LTD Partnership /Nc/)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties Lender has any no duty, and such the Guarantor is not relying on the Secured Parties Lender at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties Lender to disclose such information and any defense relating to the failure to provide the same).
Appears in 12 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 11 contracts
Samples: Credit Agreement (Textainer Group Holdings LTD), Guaranty (Globant S.A.), Credit Agreement (American Renal Associates Holdings, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 8 contracts
Samples: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrower, the other Loan Parties and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrower, the other Loan Parties and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower Borrower, the other Loan Parties or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 7 contracts
Samples: Security Agreement (Suburban Propane Partners Lp), Existing Credit Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties no Guaranteed Party has any a duty, and such Guarantor is not relying on the Secured Parties any Guaranteed Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured any Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 7 contracts
Samples: Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Co)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 6 contracts
Samples: Credit Agreement (Wayfair Inc.), Credit Agreement (GoPro, Inc.), Credit Agreement (Actuate Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Credit Parties has any duty, and such Guarantor is not relying on the Secured Credit Parties at any time, time to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Credit Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 6 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Lender Parties has any duty, and such Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 6 contracts
Samples: Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.), Term Credit Agreement (Mylan N.V.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 10.08
Appears in 6 contracts
Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as each such Guarantor requires, and that none of the Secured Lender Parties has any duty, and such each Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it each such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 5 contracts
Samples: Revolving Credit Agreement (Viatris Inc), Term Loan Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 10.09
Appears in 5 contracts
Samples: Credit Agreement (Ameresco, Inc.), Credit Agreement (Harmonic Inc), Credit Agreement (Mission Produce, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the each Borrower and any other guarantor such information concerning the financial condition, business and operations of the each Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the each Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 4 contracts
Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any have no duty, and such Guarantor is Guarantors are not relying on the any Secured Parties Party at any time, to disclose to it Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 4 contracts
Samples: Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 4 contracts
Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties no Lender Party has any duty, and such the Guarantor is not relying on the Secured Parties any Lender Party at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 4 contracts
Samples: Assignment and Assumption (Tapstone Energy Inc.), Intercreditor Agreement (Targa Resources Partners LP), Security Agreement (Ferrellgas Partners Finance Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the each Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such the Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Harte Hanks Inc, Harte Hanks Inc, Harte Hanks Inc
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the each Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Lender Parties has any duty, and such Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it Guarantor any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Term Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan Inc.), Term Credit Agreement (Mylan Inc.)
Condition of Borrower. Each Guarantor hereby acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor guarantors as such Guarantor requires, and that none of the Secured Parties has any duty, and such each Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Lender Parties has any a duty, and such Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Assignment and Assumption (Cardinal Health Inc), Assignment and Assumption (Cardinal Health Inc), Assignment and Assumption (Cardinal Health Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Tandem Diabetes Care Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of either of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the any Borrower and any other guarantor such information concerning the financial condition, business and operations of the such Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the any Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 3 contracts
Samples: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), First Restatement Agreement (Rayonier Advanced Materials Inc.)
Condition of Borrower. Each Affiliate Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Affiliate Guarantor requires, and that none of the Secured Parties has Bank does not have any duty, and such Affiliate Guarantor is not relying on the Secured Parties Bank at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Affiliate Guarantor waiving any duty on the part of the Secured Parties Bank to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Loan and Security Agreement (Max International Inc), Loan and Security Agreement (Max International Inc)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the any Secured Parties Party to, at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same). 13.
Appears in 2 contracts
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/), Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the applicable Borrower or Borrowers and any other guarantor such information concerning the financial condition, business and operations of each of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of either of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties Creditors has any duty, and such Guarantor is not relying on the Secured Parties Creditors at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties Creditors to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)
Condition of Borrower. Each Guarantor of the Guarantors acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 123
Appears in 2 contracts
Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties Lenders has any duty, and such Guarantor is not relying on the Secured Parties Lenders at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties Lenders to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (Raven Industries Inc), Credit Agreement (Ufp Technologies Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Specified Parties has any duty, and such Guarantor is not relying on the Secured Specified Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Specified Parties to disclose such information and any defense relating to the failure to provide the same).. 10.09
Appears in 2 contracts
Samples: Credit Agreement (Alamo Group Inc), Credit Agreement (Alamo Group Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Assignment and Assumption (Landmark Apartment Trust of America, Inc.), Credit Agreement (Revett Minerals Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any Beneficiaries have no duty, and such Guarantor is not relying on the Secured Parties Beneficiaries at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties Beneficiaries to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Revolving Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (Exopack Holding Corp), Assignment and Assumption (Exopack Holding Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Credit Parties has any have no duty, and such Guarantor is not relying on the Secured Parties any Credit Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties any Credit Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 2 contracts
Samples: Credit Agreement (TUTOR PERINI Corp), Credit Agreement (TUTOR PERINI Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, 124 and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 10.10
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Finance Parties has any duty, and such Guarantor is not relying on the Secured Finance Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Finance Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (Advanced Emissions Solutions, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 112
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such no Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties Administrative Agent to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Credit Parties has any duty, and such Guarantor is not relying on the Secured Credit Parties at any time, time to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Credit Parties to disclose such information and any defense relating to the failure to provide the same)..
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties no Lender Party has any a duty, and such Guarantor is not relying on the Secured Parties any Lender Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured any Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such no Guarantor is not relying on the Secured Parties any Guaranteed Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other Guarantor or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each 179 Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (Smucker J M Co)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Lender Parties has any have no duty, and such the Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any Beneficiaries have no duty, and such Guarantor is not relying on the Secured Parties any Beneficiary to, at any time, to disclose to it such Guarantor (or any other Guarantor) any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor. Each Guarantor hereby waives (each Guarantor waiving a) any duty on the part of the Secured Parties any Beneficiary to disclose such information and (b) any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Continuing Guaranty (Cim Real Estate Finance Trust, Inc.)
Condition of Borrower. Each Guarantor acknowledges The Guarantors acknowledge and agrees agree that it has they have the sole responsibility for, and has have adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Guarantied Parties has any have no duty, and such Guarantor is the Guarantors are not relying on the Secured Guarantied Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Guarantied Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Security Agreement (Entravision Communications Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (Solarcity Corp)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. Section 10.09
Appears in 1 contract
Samples: Credit Agreement (Sunrun Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (On Assignment Inc)
Condition of Borrower. Each Guarantor GuarantorLoan Party acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor GuarantorLoan Party requires, and that none of the Secured Parties has any duty, and such Guarantor GuarantorLoan Party is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor GuarantorLoan Party waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured 134 Guaranteed Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and each other Loan Party and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrower, any other Loan Party and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to the it any information relating to the business, operations or financial condition of the Borrower or any other Loan Party or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 9.09
Appears in 1 contract
Samples: Credit Agreement (FIGS, Inc.)
Condition of Borrower. Each 1.71 The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same). 13.
Appears in 1 contract
Samples: Credit Agreement (Advanced Emissions Solutions, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any Lenders have no duty, and such Guarantor is not relying on the Secured Parties any Lender at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties Lender to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (FX Alliance Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the no Secured Parties Party has any duty, and such Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Omnibus Guaranty and Security Agreement (Icahn Carl C)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties holders of the Obligations has any duty, and such Guarantor is not relying on the Secured Parties holders of the Obligations at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties holders of the Obligations to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such any Guarantor requires, and that none of the Secured Parties has any duty, and each such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such 138 Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).. 10.09
Appears in 1 contract
Samples: Credit Agreement (Morningstar, Inc.)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Loan Parties and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of the Borrower Loan Parties and any such other guarantor guarantors as such Guarantor requires, and that none of the no Secured Parties Party has any duty, and such no Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower any Loan Party or any other guarantor of the Guaranteed Obligations (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor hereby acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantors as such Guarantor requires, and that none of the Secured Parties has any duty, and such each Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any Agent and the Lenders have no duty, and such the Guarantor is not relying on the Secured Parties Agent and the Lenders at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Parties Lender to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Subsidiary Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Lender Parties has any duty, and such Guarantor none of the Guarantors is not relying on the Secured Lender Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (GSR II Meteora Acquisition Corp.)
Condition of Borrower. Each Guarantor of the Guarantors acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any have no duty, and such Guarantor the Guarantors is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantors (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Subsidiary Guaranty Agreement (Ruckus Wireless Inc)
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties no Lender Party has any duty, and such the Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (Ross Stores Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties holders of the Obligations has any duty, and such Guarantor is not relying on the Secured Parties holders of the Obligations at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties holders of the Obligations to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the no Secured Parties Party has any duty, and such no Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each guarantor. Each Guarantor waiving waives any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such each Guarantor requires, and that none of the Secured Parties no Guaranteed Party has any duty, and such Guarantor is the Guarantors are not relying on the Secured Guaranteed Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit Agreement (Athenahealth Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Parties has any have no duty, and such each Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Term Loan and Security Agreement (Key Energy Services Inc)
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the any Borrower and any other guarantor such information concerning the financial condition, business and operations of the such Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the such Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or and any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties Lenders to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Samples: Credit and Guaranty Agreement
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the no Secured Parties Party has any a duty, and such Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Lender Parties has any have no duty, and such each Guarantor is not relying on the Secured Parties Administrative Agent or any other Lender Party at any time, to disclose to it each Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor guarantor waiving any duty on the part of the Secured Parties Administrative Agent or any Lender Party to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties no Guaranteed Party has any duty, and such the Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each Secured Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Secured Guarantor requires, and that none of the Secured Parties has any duty, and such Secured Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Secured Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract
Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Appears in 1 contract