Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (b) Debtor's title to or right to any of its assets and properties or (c) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 4 contracts
Samples: Accounts Financing Agreement (Transcrypt International Inc), Intercreditor and Subordination Agreement (Trailer Bridge Inc), Subordination Agreement (Lodestar Holdings Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no neither Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (b) Debtor's title to or right to any of its Debtor's assets and properties or (c) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 3 contracts
Samples: Subordination Agreement (Hanover Direct Inc), Subordination Agreement (Hanover Direct Inc), Subordination Agreement (Hanover Direct Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (aA) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (bB) Debtor's ’s title to or right to any of its assets and properties or (cC) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 3 contracts
Samples: Subordination Agreement (Perfumania Holdings, Inc.), Subordination Agreement (Perfumania Holdings, Inc.), Subordination Agreement (Perfumania Holdings, Inc.)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor Debtors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (b) any Debtor's ’s title to or right to any of its assets and properties or (c) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 2 contracts
Samples: Subordination Agreement, Subordination Agreement (U.S. Silica Holdings, Inc.)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no neither Creditor shall have any obligation or duty to disclose any such information to any the other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) Debtor's title to or right to transfer any of its assets and properties the Collateral, or (c) any other matter except as expressly set forth in this Subordination Agreement.
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Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no neither Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (b) Debtor's title to or right to any of its assets and properties or (c) any other matter except as expressly set forth in this Subordination Agreement.title
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Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) Debtor's title to or right to transfer any of its assets and properties the Collateral, or (c) any other matter except as expressly set forth in this Subordination Intercreditor Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Poindexter J B & Co Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor the Obligors and no Creditor shall have any obligation or duty to disclose any such information to any the other CreditorCreditors. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) Debtor's any Obligor’s title to or right to transfer any of its assets and properties the Collateral, or (c) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 1 contract
Samples: Subordination Agreement (Blonder Tongue Laboratories Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor Debtors and Obligors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Senior Note Debt or the Senior Revolving Loan Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) Debtor's Debtors’ or Obligors’ title to or right to transfer any of its assets and properties the Collateral, or (c) any other matter except as expressly set forth in this Subordination Intercreditor Agreement.
Appears in 1 contract
Samples: Intercreditor Agreement (Listerhill Total Maintenance Center LLC)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor Debtors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (b) any Debtor's title to or right to any of its assets and properties or (c) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 1 contract
Samples: Affiliate Subordination Agreement (Hancock Fabrics Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor the Obligors and no Creditor shall have any obligation or duty to disclose any such information to any the other CreditorCreditors. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) Debtorany Obligor's title to or right to transfer any of its assets and properties the Collateral, or (c) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 1 contract
Samples: Subordination Agreement (Blonder Tongue Laboratories Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (aA) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral or guarantee which may have been granted to any of them in connection therewith, (bB) Debtor's title to or right to any of its assets and properties or (cC) any other matter except as expressly set forth in this Subordination Agreement.
Appears in 1 contract
Samples: Subordination Agreement (Perfumania Holdings, Inc.)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor Debtors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) any Debtor's title to or right to transfer any of its assets and properties the Collateral, or (c) any c)any other matter except as expressly set forth in this Subordination Intercreditor Agreement.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Hanover Direct Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor Debtors and no Creditor shall have any obligation or duty to disclose any such information to any other Creditor. Except as expressly set forth in this Subordination Intercreditor Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, (b) any Debtor's ’s title to or right to transfer any of its assets and properties the Collateral, or (c) any other matter except as expressly set forth in this Subordination Intercreditor Agreement.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Mackie Designs Inc)
Disclosures; Non-Reliance. Each Creditor has the means to, and shall in the future remain, fully informed as to the financial condition and other affairs of Debtor each Obligor, and no neither Creditor shall have any obligation or duty to disclose any such information to any the other Creditor. Except as expressly set forth in this Subordination Agreement, the parties hereto have not otherwise made to each other nor do they hereby make to each other any warranties, express or implied, nor do they assume any liability to each other with respect to: (a) the enforceability, validity, value or collectability collectibility of any of the Junior Debt or the Senior Debt or any collateral guarantee or guarantee security which may have been granted to any of them in connection therewith, or (b) Debtor's title to or right to any of its assets and properties or (c) any other matter except as expressly set forth in this Subordination Agreement.
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