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 Administrative Agent and the other Secured Parties have no duty, and the Guarantor is not relying on the 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 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: Collateral Agreement (Diamond Foods Inc), Prospect Medical Holdings Inc

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Condition of Borrower. The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrowers, the other Loan Parties and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers, the other Loan Parties and any such other guarantor as the Guarantor requires, and that the Administrative Agent and the other Secured Guaranteed Parties have no duty, and the Guarantor is not relying on the Administrative Agent or any other Secured Party Guaranteed Parties at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower Borrowers or the other Loan Parties or any other guarantor (the guarantor Guarantor waiving any duty on the part of the Administrative Agent and the other Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (El Paso Pipeline Partners, L.P.), Credit Agreement (El Paso Pipeline Partners, L.P.)

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 Administrative Agent and the other Secured Lender Parties have no duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Lender Party 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 Administrative Agent and the other Secured Parties or any Lender Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Rowan Companies PLC)

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 Administrative Agent and the other Secured Lender Parties have no has any duty, and the Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and the other 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 (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 Administrative Agent and the other Secured Parties Banks have no duty, and the Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and or the other Secured Parties Banks to disclose such information and any defense relating to the failure to provide the same). 13.

Appears in 1 contract

Samples: 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 the Administrative none of Agent and the other Secured Parties have no or Lenders has any duty, and the such Guarantor is not relying on the Administrative any of Agent or any other Secured Party 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 Administrative Agent and the other Secured Parties 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 each Guarantor requires, and that the Administrative Agent and the other Secured Parties Lenders have no duty, and the each Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and the other Secured Parties Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (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 requiresGuarantors require, and that the Administrative Agent and the other Secured Parties have no Lender has a duty, and the Guarantor is Guarantors are not relying on the Administrative Agent or any other Secured Party 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 and the other Secured Parties 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/)

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 Administrative Agent and the other Secured Parties Banks have no duty, and the Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and or the other Secured Parties Banks to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Assignment and Assumption (Brighthouse Financial, 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 Administrative Agent and the other Secured Parties have no duty, and the Guarantor is not relying on the Administrative Agent or any and the other Secured Party 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 waiving any duty on the part of the Administrative Agent and the other Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Guaranty Agreement (Radioshack 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 requires, and that the Administrative Agent and the other Secured Parties have has no duty, and the Guarantor is not relying on the 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 Administrative Agent and the other Secured Parties 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 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 Administrative Agent and the other Secured Parties Guaranty Beneficiaries have no duty, and the Guarantor is not relying on the Administrative Agent or any other Secured Party Guaranty Beneficiary 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 Administrative Agent and the other Secured Parties Guaranty Beneficiaries to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (CBOE 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 Guarantor requires, and that the Administrative Agent and the other Secured Guaranteed Parties have no duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Guaranteed Party 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 Administrative Agent and the other Secured Parties or any Guaranteed Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Rowan Companies PLC)

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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 Administrative Agent and the other Secured Parties Lenders have no duty, and the Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and the other Secured Parties 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 131 DB1/83569018.7 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 the other Secured Parties have no has any duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Party Parties 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 the Administrative Agent and the other Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (NOODLES & Co)

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 and the other Secured Parties have no nor any Lender has any duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Party 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 and the other Secured Parties 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 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 Administrative Agent and the nor any other Secured Parties have no Beneficiary has any duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and the or any other Secured Parties 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, 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 and the nor any other Secured Parties have no Beneficiary has any duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Party 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 Administrative Agent and the or any other Secured Parties Beneficiary to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Basic Energy 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 none of the Administrative Agent and Agent, any Lender or the other Secured Parties have no L/C Issuer has any duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Party such Person 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 Agent, any Lender or the other Secured Parties L/C Issuer to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (MSA Safety 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 the none of Administrative Agent and or the other Secured Parties have no Lenders has any duty, and the such Guarantor is not relying on the Administrative Agent or any other Secured Party the 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 the Administrative Agent and or the other Secured Parties 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)

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