Common use of Condition of Borrower Clause in Contracts

Condition of Borrower. 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 the Guarantor requires, and that the Lender has no duty, and the Guarantor is not relying on the Lender at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 13 contracts

Samples: Continuing Guaranty (Panbela Therapeutics, Inc.), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

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Condition of Borrower. The 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 the Guarantor requires, and that none of the Lender Parties has no any duty, and the Guarantor is not relying on the Lender Parties at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 6 contracts

Samples: Revolving Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.), Term Credit Agreement (Mylan N.V.)

Condition of Borrower. 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 the Guarantor requires, and that the Lender Agent has no duty, and the Guarantor is not relying on the Lender Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 5 contracts

Samples: Continuing Guaranty (Higher One Holdings, Inc.), Continuing Guaranty (Higher One Holdings, Inc.), Continuing Guaranty (Higher One Holdings, Inc.)

Condition of Borrower. The 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 the such Affiliate Guarantor requires, and that the Lender has no Bank does not have any duty, and the such Affiliate Guarantor is not relying on the Lender Bank at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor each Affiliate Guarantor waiving any duty on the part of the Lender 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. The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and or any other guarantor Person such information concerning the financial condition, business and operations of the Borrower and any or such other guarantor Person as the Guarantor requires, and that the neither Lender nor any Holder of Obligations has no any duty, and the Guarantor is not relying on the Lender any Holder of Obligations at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Person (the guarantor Guarantor waiving any duty on the part of the Lender Holders of Obligations 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. 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 the Guarantor requires, and that the Lender Agent has no duty, and the Guarantor is not relying on the Lender Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Continuing Guaranty (Higher One Holdings, Inc.), Continuing Guaranty (Higher One Holdings, Inc.)

Condition of Borrower. The 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 other Guarantor as such other guarantor as the Guarantor requires, and that the Lender no Creditor has no a duty, and the no Guarantor is not relying on the Lender any Creditor at any time, to disclose to the any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (the guarantor each Guarantor waiving any duty on the part of the Lender Creditors to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Continuing Personal Guaranty (Better Choice Co Inc.), Continuing Guaranty (Better Choice Co Inc.)

Condition of Borrower. 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 the Guarantor requires, and that the Lender Administrative Agent has no duty, and the Guarantor is not relying on the Lender Administrative Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Administrative Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Macquarie Infrastructure Co LLC)

Condition of Borrower. The 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 the such Guarantor requires, and that the Lender has no duty, and the such Guarantor is not relying on the Lender at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has Administrative Agent and the Banks have no duty, and the Guarantor is not relying on the Lender Administrative Agent or the Banks at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Administrative Agent or the Banks to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Term Loan Agreement (Brighthouse Financial, Inc.), Term Loan Agreement (Brighthouse Financial, Inc.)

Condition of Borrower. The 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 the such Guarantor requires, and that none of the Lender Lenders has no any duty, and the such Guarantor is not relying on the Lender Lenders at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor each Guarantor waiving any duty on the part of the Lender 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. The 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 the such Guarantor requires, and that none of the Administrative Agent and any Lender has no any duty, and the such Guarantor is not relying on the Administrative Agent or any Lender at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor each Guarantor waiving any duty on the part of the Administrative Agent and any Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (PureCycle Technologies, Inc.), Credit Agreement (PureCycle Technologies, Inc.)

Condition of Borrower. The 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 the such Guarantor requires, and that none of the Lender holders of the Obligations has no any duty, and the such Guarantor is not relying on the Lender holders of the Obligations at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor each Guarantor waiving any duty on the part of the Lender holders of the Obligations to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Cavco Industries Inc.), Credit Agreement (Cavco Industries Inc.)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has Administrative Agent and the other Secured Parties have no duty, and the Guarantor is not relying on the Lender Administrative Agent or any other Secured Party at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Administrative Agent and the other Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Diamond Foods Inc), Continuing Guaranty (Prospect Medical Holdings Inc)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has no duty, and the Guarantor is not relying on the Lender at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Guaranty (Peoples Liberation Inc), Guaranty (Peoples Liberation Inc)

Condition of Borrower. The 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 the such Guarantor requires, and that the Lender has Beneficiaries have no duty, and the such Guarantor is not relying on the Lender Beneficiaries at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Beneficiaries to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Revolving Credit Agreement (Thermo Fisher Scientific Inc.)

Condition of Borrower. The 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 the such Subsidiary Guarantor requires, and that the Lender Bank has no duty, and the no Subsidiary Guarantor is not relying on the Lender Bank at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor each Subsidiary Guarantor waiving any duty on the part of the Lender Bank to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Loan, Guarantee and Security Agreement (Great Elm Capital Corp.)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has Agent and Lenders have no duty, and the Guarantor is not relying on the Agent or any Lender at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Agent and Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (International Flavors & Fragrances Inc)

Condition of Borrower. The 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 the Guarantor requires, and that the Lender has Lenders have no duty, and the such Guarantor is not relying on the any Lender at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the 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. The 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 the Guarantor requires, and that the Lender Administrative Agent has no duty, and the Guarantor is not relying on the Lender Administrative Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Administrative Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Aar Corp)

Condition of Borrower. The 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 the Guarantor requiresGuarantors require, and that the Administrative Agent and no Lender has no a duty, and the Guarantor is Guarantors are not relying on the Administrative Agent or any Lender at any time, to disclose to the Guarantor Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Administrative Agent or any Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Standex International Corp/De/)

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Condition of Borrower. The 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 the such Guarantor requires, and that the Lender Agent has no duty, and the such Guarantor is not relying on the Lender Agent at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Liberty Property Limited Partnership)

Condition of Borrower. The Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, 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 the such Guarantor requires, and that neither the Administrative Agent nor any Lender has no any duty, and the such Guarantor is not relying on the Administrative Agent or any Lender at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Administrative Agent or any Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Term Loan Agreement (SeaCube Container Leasing Ltd.)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has Agent and the Lenders have no duty, and the Guarantor is not relying on the Lender Agent and the Lenders at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has no does not have any duty, and the Guarantor is not relying on the Lender at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Term Loan Agreement (St Jude Medical Inc)

Condition of Borrower. The 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 the such Guarantor requires, and that the Lender none of Agent or Lenders has no any duty, and the such Guarantor is not relying on the Lender any of Agent or Lenders at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor such Guarantor waiving any duty on the part of the Lender Agent and Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Loan and Security Agreement (Rani Therapeutics Holdings, Inc.)

Condition of Borrower. The 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 the such Guarantor requires, and that neither the Lender Administrative Agent nor any other Beneficiary has no any duty, and the such Guarantor is not relying on the Lender Administrative Agent or any other Beneficiary at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Administrative Agent or any other Beneficiary to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Guaranty (Global Geophysical Services Inc)

Condition of Borrower. The 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 the such Guarantor requires, and that the Lender has no duty, and the such Guarantor is not relying on the Lender at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor each Guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Term Loan Agreement (Allete Inc)

Condition of Borrower. The 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 the each Guarantor requires, and that the Lender has Agent and the Lenders have no duty, and the each Guarantor is not relying on the Agent or any Lender at any time, to disclose to the each Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender Agent and the Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Guaranty (TAL International Group, Inc.)

Condition of Borrower. The 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 the Guarantor requires, and that the Lender has Agent and the Lenders have no duty, and the Guarantor is not relying on the Lender Agent and the Lenders at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment Inc)

Condition of Borrower. The 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 the Guarantor it requires, and that none of Administrative Agent or the Lender Lenders has no any duty, and the such Guarantor is not relying on Administrative Agent or the Lender Lenders at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (the guarantor such Guarantor waiving any duty on the part of Administrative Agent or the Lender Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Progressive Gaming International Corp)

Condition of Borrower. The Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, 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 the such Guarantor requires, and that neither the Lender Administrative Agent nor any other Beneficiary has no any duty, and the such Guarantor is not relying on the Lender Administrative Agent or any other Beneficiary at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender Administrative Agent or any other Beneficiary to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Term Loan Credit Agreement (Basic Energy Services Inc)

Condition of Borrower. 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 the Guarantor requires, and that none of the Lender Parties has no any duty, and the Guarantor is not relying on the Lender Parties at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Discovery Communications, Inc.)

Condition of Borrower. 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 the Guarantor requires, and that the Lender has no duty, and the Guarantor is not relying on the Lender at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the guarantor waiving any duty on the part of the Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/)

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