Common use of Condition of the Borrower Clause in Contracts

Condition of the Borrower. Each Guarantor is fully aware of the financial condition of the Borrower and each other Guarantor and is executing and delivering this Agreement based solely upon such Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by any Holder of Guaranteed Obligations. Each Guarantor represents and warrants that it is in a position to obtain, and each Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower of any other Guarantor or their respective properties, financial condition and prospectus and any other matter pertinent hereto as such Guarantor may desire, and such Guarantor is not relying upon or expecting any Holder of Guaranteed Obligations to furnish to such Guarantor any information now or hereafter in the possession of any Holder of Guaranteed Obligations concerning the same or any other matter. By executing this Agreement, each Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. No Guarantor shall have the right to require any Holder of Guaranteed Obligations to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects of the Borrower or any Subsidiary of the Borrower, the ability of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability of any collateral security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part of any Holder of Guaranteed Obligations, the Borrower, any Subsidiary of the Borrower, any other Guarantor or any other Person, or any other event, occurrence, condition or circumstance whatsoever.

Condition of the Borrower. Each Guarantor is fully aware of the financial condition of the Borrower and each other Guarantor and is executing and delivering this Agreement based solely upon such Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by any Holder of Guaranteed Obligations. Each Guarantor represents and warrants that it is in a position to obtain, and each Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower of or any other Guarantor or their respective properties, financial condition and prospectus prospects and any other matter pertinent hereto as such Guarantor may desire, and such Guarantor is not relying upon or expecting any Holder of Guaranteed Obligations to furnish to such Guarantor any information now or hereafter in the possession of any Holder of Guaranteed Obligations concerning the same or any other matter. By executing this Agreement, each Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. No Guarantor shall have the right to require any Holder of Guaranteed Obligations to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects of the Borrower or any Borrower Subsidiary of the Borrower, the ability of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability of any collateral security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part of any Holder of Guaranteed Obligations, the Borrower, any Subsidiary of the BorrowerBorrower Subsidiary, any other Guarantor or any other Person, or any other event, occurrence, condition or circumstance whatsoever.

Condition of the Borrower. Each Guarantor is fully aware of the financial condition of the Borrower and each other Guarantor its Subsidiaries and is executing and delivering this Agreement Guaranty based solely upon such Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by any Holder of Guaranteed Obligationsthe Lender. Each Guarantor represents and warrants that it is in a position to obtain, and each Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower and each of any other Guarantor or their respective properties, financial condition and prospectus its Subsidiaries and any other matter pertinent hereto as such Guarantor may desire, and such Guarantor is not relying upon or expecting any Holder of Guaranteed Obligations the Lender to furnish to such Guarantor any information now or hereafter in the possession of any Holder of Guaranteed Obligations the Lender concerning the same or any other matter. By executing this AgreementGuaranty, each Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. No Guarantor shall have the right to require any Holder of Guaranteed Obligations the Lender to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects of the Borrower or any Subsidiary of the Borrower, the ability of the Borrower or any Subsidiary of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability of any collateral security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part of any Holder of Guaranteed Obligationsthe Lender, the Borrower, any Subsidiary of the Borrower, any other Guarantor Borrower or any other Person, or any other event, occurrence, condition or circumstance whatsoever.

Condition of the Borrower. Each Guarantor is fully aware of the financial condition of the Borrower and each other Guarantor and is executing and delivering this Agreement based solely upon such Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by any Holder holder of Guaranteed Obligations. Each Guarantor represents and warrants that it is in a position to obtain, and each Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower of any other Guarantor or their respective properties, financial condition and prospectus and any other matter pertinent hereto as such Guarantor may desire, and such Guarantor is not relying upon or expecting any Holder holder of Guaranteed Obligations to furnish to such Guarantor any information now or hereafter in the possession of any Holder holder of Guaranteed Obligations concerning the same or any other matter. By executing this Agreement, each Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. No Guarantor shall have the right to require any Holder holder of Guaranteed Obligations to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects of the Borrower or any Subsidiary of the Borrower, the ability of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability of any collateral security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part of any Holder holder of Guaranteed Obligations, the Borrower, any Subsidiary of the Borrower, any other Guarantor or any other Person, or any other event, occurrence, condition or circumstance whatsoever.

Condition of the Borrower. Each The Guarantor is fully aware of the financial condition of the Borrower and each other Guarantor and is executing and delivering this Agreement based solely upon such the Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by any Holder of Guaranteed ObligationsBeneficiary. Each The Guarantor represents and warrants that it is in a position to obtain, and each the Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower or any of any other Guarantor its subsidiaries or their respective properties, financial condition and prospectus prospects and any other matter pertinent hereto as such the Guarantor may desire, and such the Guarantor is not relying upon or expecting any Holder of Guaranteed Obligations Beneficiary to furnish to such the Guarantor any information now or hereafter in the possession of any Holder of Guaranteed Obligations Beneficiary concerning the same or any other matter. By executing this Agreement, each the Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each the Guarantor acknowledges. No The Guarantor shall not have the right to require any Holder of Guaranteed Obligations Beneficiary to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects of the Borrower or any Subsidiary of the Borrower, the ability of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability of any collateral security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part of any Holder of Guaranteed ObligationsBeneficiary, the Borrower, any Subsidiary of the Borrower, any other Guarantor or any other Person, or any other event, occurrence, condition or circumstance whatsoever.

Condition of the Borrower. Each Guarantor is fully aware ------------------------- of the financial condition of the Borrower and each other Guarantor its Subsidiaries and is executing and delivering this Agreement Guaranty based solely upon such Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by any Holder of Guaranteed ObligationsLender or the Agent. Each Guarantor represents and warrants that it is in a position to obtain, and each Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower and each of any other Guarantor or their respective properties, financial condition and prospectus its Subsidiaries and any other matter pertinent hereto as such Guarantor may desire, and such Guarantor is not relying upon or expecting Agent or any Holder of Guaranteed Obligations Lender to furnish to such Guarantor any information now or hereafter in the possession of Agent or any Holder of Guaranteed Obligations Lender concerning the same or any other matter. By executing this AgreementGuaranty, each Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. No Guarantor shall have the right to require Agent or any Holder of Guaranteed Obligations Lender to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects of the Borrower or any Subsidiary of the Borrower, the ability of the Borrower or any Subsidiary of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability of any collateral security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part of any Holder of Guaranteed ObligationsLender, Agent, the Borrower, any Subsidiary of the Borrower, any other Guarantor Borrower or any other Person, or any other event, occurrence, condition or circumstance whatsoever.

Condition of the Borrower. Each Guarantor is fully aware of the financial condition of the Borrower and each the other Guarantor Guarantors and is executing and delivering this Agreement Guaranty based solely upon such each Guarantor's own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement by of the Administrative Agent or any Holder other Lender Party. Each Guarantor, with the assistance of Guaranteed Obligationscounsel, has participated in the negotiation of the Credit Agreement and all of the other Loan Documents, has entered into the Credit Agreement as one of the Loan Parties, and is knowledgeable about the obligations of the Borrower and the other sureties and guarantors thereunder. Each Guarantor represents and warrants that it such Guarantor is in a position to obtain, and each Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the financial condition of the Borrower of any and the other Guarantor or their respective properties, financial condition sureties and prospectus guarantors and any other matter pertinent hereto as such each Guarantor may desire, and such each Guarantor is not relying upon or expecting the Administrative Agent or any Holder of Guaranteed Obligations other Lender Party to furnish to such each Guarantor any information now or hereafter in the their possession of any Holder of Guaranteed Obligations concerning the same or any other matter. By executing this AgreementGuaranty, each Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. No Each Guarantor shall have the no right to require the Administrative Agent or any Holder of Guaranteed Obligations other Lender Party to obtain or disclose any information with respect to the Guaranteed Obligations, the financial condition or prospects character of the Borrower or any Subsidiary of other surety or guarantor or the Borrower, the 's ability of the Borrower to pay or perform the Guaranteed Obligations, the existence, perfection, priority or enforceability existence of any collateral or security for any or all of the Guaranteed Obligations, the existence or enforceability of any other guaranties of all or any part of the Guaranteed Obligations, any action or non-action on the part party of the Administrative Agent or any Holder of Guaranteed Obligationsother Lender Party, the Borrower, any Subsidiary of the Borrower, any other Guarantor surety or guarantor or any other Person, or any other eventmatter, occurrence, condition fact or circumstance occurrence whatsoever.