Common use of Financial Condition, etc Clause in Contracts

Financial Condition, etc. Each Guarantor has knowledge of each other Loan Party’s financial condition and affairs and has adequate means to obtain from each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary Guaranty is in effect. Each Guarantor acknowledges and agrees that the Lender Parties shall have no obligation to investigate the financial condition or affairs of any Loan Party 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 any other Loan Party that might become known to any Lender Party at any time, whether or not such Lender 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 Guaranteed Obligations.

Appears in 1 contract

Samples: Subsidiary Guaranty (Tibco Software Inc)

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Financial Condition, etc. Each The Guarantor has knowledge of each other Loan PartyObligor’s financial condition and affairs and that it has adequate means to obtain from each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan PartyObligor’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary Guaranty is in effect. Each The Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of any Loan Party Obligor for the benefit of such the Guarantor nor to advise such the Guarantor of any fact respecting, or any change in, the financial condition or affairs of any other Loan Party Obligor that might become known to any Lender Secured Party at any time, whether or not such Lender Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such the Guarantor, or might (or does) materially increase the risk of such the Guarantor as guarantor, or might (or would) affect the willingness of such the Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Parent Guaranty (Hecla Mining Co/De/)

Financial Condition, etc. Each The Guarantor has knowledge of each other Loan Party’s financial condition and affairs and has adequate means to obtain from each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary Company Guaranty is in effect. Each The Guarantor acknowledges and agrees that the Lender Parties shall have no obligation to investigate the financial condition or affairs of any Loan Party for the benefit of such the Guarantor nor to advise such the Guarantor of any fact respecting, or any change in, the financial condition or affairs of any other Loan Party that might become known to any Lender Party at any time, whether or not such Lender Party knows or believes or has reason to know or believe that any such fact or change is unknown to such the Guarantor, or might (or does) materially increase the risk of such the Guarantor as guarantor, or might (or would) affect the willingness of such the Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Company Guaranty (Tibco Software Inc)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan PartyObligor’s financial condition and affairs and that it has adequate means to obtain from each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan PartyObligor’s ability to pay and perform the Guaranteed Secured Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party Obligor that might become known to any Lender Secured Party at any time, whether or not such Lender 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 a guarantor, or might (or would) affect the willingness of such Guarantor to continue as a guarantor of the Guaranteed Secured Obligations.

Appears in 1 contract

Samples: Credit Agreement (Hanesbrands Inc.)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan Party’s financial condition and affairs and has adequate means to obtain from each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed Obligations.

Appears in 1 contract

Samples: Security Agreement (Asyst Technologies Inc)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan PartyObligor’s financial condition and affairs and has adequate means to obtain from the each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan PartyObligor’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party Obligor that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed Obligations.

Appears in 1 contract

Samples: Patent Security Agreement (United Surgical Partners International Inc)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan PartyObligor’s financial condition and affairs and that it has adequate means to obtain from each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan PartyObligor’s ability to pay and perform the Guaranteed Secured Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party Obligor that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed Secured Obligations.

Appears in 1 contract

Samples: Pledge and Security Agreement (Hanesbrands Inc.)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan Party’s financial condition and affairs and has adequate means to obtain from each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary Guaranty is in effect. Each Guarantor acknowledges and agrees that the Lender Parties shall have no obligation to investigate the financial condition or affairs of any Loan Party 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 any other Loan Party that might become known to any Lender Party at any time, whether or not such Lender 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 Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Tibco Software Inc)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan Party’s financial condition and affairs and that it has adequate means to obtain from each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed Secured Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed Secured Obligations.

Appears in 1 contract

Samples: Pledge Agreement (Coeur Mining, Inc.)

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Financial Condition, etc. Each Guarantor has knowledge of each other Loan Party’s financial condition and affairs and that it has adequate means to obtain from the each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed ObligationsLiabilities, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed ObligationsLiabilities.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Inc)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan PartyObligor’s financial condition and affairs and that it has adequate means to obtain from each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan PartyObligor’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary Guaranty is in effect. Each Guarantor acknowledges and agrees that the Lender Loan Parties shall have no obligation to investigate the financial condition or affairs of any Loan Party 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 any other Loan Party Obligor that might become known to any Lender Loan Party at any time, whether or not such Lender Loan 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 Guaranteed Obligations.

Appears in 1 contract

Samples: Bridge Loan Agreement (Hanesbrands Inc.)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan PartyObligor’s financial condition and affairs and that it has adequate means to obtain from the each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan PartyObligor’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party Obligor that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Sabre Industries, Inc.)

Financial Condition, etc. Each Guarantor has knowledge of each other Loan Party’s financial condition and affairs and has adequate means to obtain from each such Loan Party on an ongoing basis information relating thereto and to such Loan Party’s ability to pay and perform the Guaranteed Secured Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary 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 any Loan Party 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 any other Loan Party that might become known to any Lender Secured Party at any time, whether or not such Lender 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 Guaranteed Secured Obligations.

Appears in 1 contract

Samples: Security Agreement (Asyst Technologies Inc)

Financial Condition, etc. Each The Guarantor has knowledge of each other Loan Party’s Obligor's financial condition and affairs and that it has adequate means to obtain from each such Loan Party Obligor on an ongoing basis information relating thereto and to such Loan Party’s Obligor's ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Subsidiary Guaranty is in effect. Each The Guarantor acknowledges and agrees that the Lender Secured Parties shall have no obligation to investigate the financial condition or affairs of any Loan Party Obligor for the benefit of such the Guarantor nor to advise such the Guarantor of any fact respecting, or any change in, the financial condition or affairs of any other Loan Party Obligor that might become known to any Lender Secured Party at any time, whether or not such Lender Secured Party knows or believes or has reason to know or believe that any such fact or change is unknown to such the Guarantor, or might (or does) materially increase the risk of such the Guarantor as guarantor, or might (or would) affect the willingness of such the Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

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