Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s financial condition and affairs and has adequate means to obtain from each such Person on an ongoing basis information relating thereto and to each such Person’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person that might become known to the Lender at any time, whether or not the Lender knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 16 contracts
Samples: Guarantee (TransMedics Group, Inc.), Credit Agreement (TransMedics Group, Inc.), Credit Agreement (TransMedics Group, Inc.)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other GuarantorObligor’s financial condition and affairs and has adequate means to obtain from each such Person other Obligor on an ongoing basis information relating thereto and to each such Personother Obligor’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee Guaranty is in effect. Each Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor Obligor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person any other Obligor that might become known to the Lender any Secured Party at any time, whether or not the Lender such Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 3 contracts
Samples: Subsidiary Guaranty (Kansas City Southern), Subsidiary Guaranty (Kansas City Southern De Mexico, S.A. De C.V.), Subsidiary Guaranty (Kansas City Southern)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other GuarantorObligor’s financial condition and affairs and that it has adequate means to obtain from each such Person Obligor on an ongoing basis information relating thereto and to each such PersonObligor’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee Guaranty is in effect. Each Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor Obligor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person any other Obligor that might become known to the Lender any Secured Party at any time, whether or not the Lender such Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp), Credit Agreement (Hecla Mining Co/De/)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s Obligor's financial condition and affairs and that it has adequate means to obtain from each such Person Obligor on an ongoing basis information relating thereto and to each such Person’s Obligor's ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee Guaranty is in effect. Each Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor Obligor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person any other Obligor that might become known to the Lender any Secured Party at any time, whether or not the Lender such Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 1 contract
Samples: Commemorative Brands Inc
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s financial condition and affairs and has adequate means to obtain from each such Person on an ongoing basis information relating thereto and to each such Person’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender Bank shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person that might become known to the Lender Bank at any time, whether or not the Lender Bank knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 1 contract
Samples: Guarantee and Pledge Agreement (New Age Beverages Corp)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s financial condition and affairs and has adequate means to obtain from each such Person on an ongoing basis information relating thereto and to each such Person’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person that might become known to the Lender Secured Parties at any time, whether or not the Lender knows Secured Parties know or believes believe or has have reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s financial condition and affairs and has adequate means to obtain from each such Person on an ongoing basis information relating thereto and to each such Person’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person that might become known to the Lender Secured Parties at any time, whether or not the Lender knows Secured Parties know or believes believe or has have reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor guarantor, of the Obligations.
Appears in 1 contract
Samples: Pledge and Security Agreement (Acutus Medical, Inc.)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s financial condition and affairs and has adequate means to obtain from each such Person on an ongoing basis information relating thereto and to each such Person’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender no Secured Party shall have no any obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person that might become known to the Lender any Secured Party at any time, whether or not the Lender such Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 1 contract
Samples: Guarantee (Workhorse Group Inc.)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s Obligor's financial condition and affairs and that it has adequate means to obtain from each such Person Obligor on an ongoing basis information relating thereto and to each such Person’s Obligor's ability to pay and perform the ObligationsGuaranteed Indebtedness, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor Obligor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person any other Obligor that might become known to the Lender any Secured Party at any time, whether or not the Lender such Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the ObligationsGuaranteed Indebtedness.
Appears in 1 contract
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other GuarantorObligor’s financial condition and affairs and that it has adequate means to obtain from each such Person Obligor on an ongoing basis information relating thereto and to each such PersonObligor’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee Guaranty is in effect. Each Guarantor acknowledges and agrees that Guaranty (Second Lien) the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor Obligor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person any other Obligor that might become known to the Lender any Secured Party at any time, whether or not the Lender such Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Hanesbrands Inc.)
Financial Condition, etc. Each Guarantor has knowledge of the Borrower’s and each other Guarantor’s financial condition and affairs and has adequate means to obtain from each such Person on an ongoing basis information relating thereto and to each such Person’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guarantee is in effect. Each Guarantor acknowledges and agrees that the Lender shall have no obligation to investigate the financial condition or affairs of the Borrower or any other Guarantor for the benefit of such Guarantor nor to advise such Guarantor of any fact respecting, or any change in, the financial condition or affairs of each such Person that might become known to the Lender at any time, whether or not the Lender knows or believes or has reason to know or believe that any such fact or change is unknown to such Guarantor, or might (or does) materially increase the risk of such Guarantor as guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Obligations.. Exhibit 10.7
Appears in 1 contract
Samples: Guarantee (Unilife Corp)