Credit Analysis. The Secured Creditors shall each be responsible for keeping themselves informed of (a) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Secured Creditor shall have any duty to advise any other Secured Creditor of information known to it regarding such condition or any such other circumstances. No Secured Creditor assumes any liability to any other Secured Creditor or to any other Person with respect to: (i) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (ii) the enforceability, validity, value or collectibility of the Obligations, any Collateral therefor or any guarantee or security which may have been granted in connection with any of the Obligations or (iii) any Obligor’s title or right to transfer any Collateral or security.
Appears in 6 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Rush Enterprises Inc \Tx\), Term Loan Agreement (Coldwater Creek Inc)
Credit Analysis. The Secured Creditors shall each be responsible for keeping themselves informed of (ai) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Secured Creditor shall have any duty to advise any other Secured Creditor of information known to it regarding such condition or any such other circumstancescircumstances or otherwise. No Secured Creditor assumes any liability to any other Secured Creditor or to any other Person with respect to: (ia) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (iib) the enforceability, validity, value or collectibility of the Obligations, any Collateral therefor therefor, or any guarantee or security which may have been granted in connection with any of the Obligations or (iiic) any Obligor’s title or right to transfer any Collateral or security.
Appears in 4 contracts
Samples: Term Loan and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.)
Credit Analysis. The Secured Creditors shall each be responsible for keeping themselves informed of (ai) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Secured Creditor shall have any duty to advise any other Secured Creditor of information known to it regarding such condition or any such other circumstances. No Secured Creditor assumes any liability to any other Secured Creditor or to any other Person with respect to: (ia) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (iib) the enforceability, validity, value or collectibility of the Obligations, any Collateral therefor therefor, or any guarantee or security which may have been granted in connection with any of the Obligations or (iiic) any Obligor’s title or right to transfer any Collateral or security.
Appears in 2 contracts
Samples: First/Second Lien Intercreditor Agreement (TransFirst Inc.), Intercreditor Agreement (Penhall International Corp)
Credit Analysis. The Secured Creditors shall each be responsible for keeping themselves informed of (a) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Neither Secured Creditor shall have any duty to advise any the other Secured Creditor of information known to it regarding such condition or any such other circumstances. No Neither Secured Creditor assumes any liability to any the other Secured Creditor or to any other Person with respect to: (i) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (ii) the enforceability, validity, value or collectibility of the Obligations, any Collateral therefor or any guarantee or security which may have been granted in connection with any of the Obligations or (iii) any Obligor’s title or right to transfer any Collateral or security.
Appears in 2 contracts
Samples: Intercreditor Agreement (PNG Ventures Inc), Intercreditor Agreement (PNG Ventures Inc)
Credit Analysis. The Secured Creditors shall each be responsible for keeping themselves informed of (a) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Secured Creditor shall have any duty to advise any other Secured Creditor of information known to it regarding such condition or any such other circumstances. No Secured Creditor assumes any liability to any other Secured Creditor or to any other Person with respect to: (i) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (ii) the enforceability, validity, value or collectibility of the Obligations, any Collateral therefor or any guarantee or security which may have been granted in connection with any of the Obligations or (iii) any Obligor’s 's title or right to transfer any Collateral or security.
Appears in 1 contract
Credit Analysis. The No Secured Creditors Creditor shall each be responsible for keeping themselves any other Secured Creditor informed of (a) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Secured Creditor shall have any duty to advise any other Secured Creditor of information known to it regarding such condition or any such other circumstances. No Secured Creditor assumes any liability to any other Secured Creditor or to any other Person with respect to: (i) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (ii) the enforceability, validity, value or collectibility of the Obligations, any Collateral therefor or any guarantee or security which may have been granted in connection with any of the Obligations or (iii) any Obligor’s title or right to transfer any Collateral or security.
Appears in 1 contract
Samples: Intercreditor Agreement (Interhealth Facility Transport, Inc.)
Credit Analysis. The Secured Creditors shall each be responsible for keeping themselves informed of (a) the financial condition of the Obligors and all other all endorsers, obligors and/or guarantors of the Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Obligations. No Secured Creditor shall have any duty to advise any other Secured Creditor of information known to it regarding such condition or any such other circumstances. No Secured Creditor assumes any liability to any other Secured Creditor or to any other Person with respect to: (i) the financial or other condition of Obligors under any instruments of guarantee with respect to the Obligations, (ii) the enforceability, validity, value or collectibility collectability of the Obligations, any Collateral therefor or any guarantee or security which may have been granted in connection with any of the Obligations or (iii) any Obligor’s title or right to transfer any Collateral or security.
Appears in 1 contract
Samples: Intercreditor and Non Disturbance Agreement (POSITIVEID Corp)