Common use of Financial Condition of Borrower Clause in Contracts

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of Xxxxxxxx, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Xxxxxxxx's financial condition and in no part upon any representation or statement of Lender with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning Xxxxxxxx's financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in Xxxxxx's possession concerning Borrower's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of XxxxxxxxBorrower, and Guarantor delivers this Continuing Guaranty based solely upon its solelx xxxx xts own independent investigation of XxxxxxxxBorrower's financial condition and in no part upon any representation or statement xx xxxxement of Lender with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning XxxxxxxxBorrower's financial condition as Guarantor may deem material to its obligations xxxxxxxxons hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in XxxxxxLender's possession concerning Borrower's financial condition or concerning concxxxxxx any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of Xxxxxxxx, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Xxxxxxxx's financial condition and in no part upon any representation or statement of Lender Agent or Lenders with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning Xxxxxxxx's financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender Agent or Lenders to furnish it any information in Agent's or any Xxxxxx's possession concerning Borrower's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Agent or any Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender Agent or such Xxxxxx has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume assume, or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of XxxxxxxxBorrower, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of XxxxxxxxBorrower's financial condition and in no part upon any representation or statement of Lender with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning XxxxxxxxBorrower's financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in XxxxxxLender's possession concerning Borrower's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that 41 which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of XxxxxxxxBorrower, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of XxxxxxxxBorrower's financial condition and in no part upon any representation or statement of Lender with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning XxxxxxxxBorrower's financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in XxxxxxLender's possession concerning Borrower's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of XxxxxxxxBorrower, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Xxxxxxxx's financial condition and in no part upon any representation or statement of Lender with respect thereto. , Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning Xxxxxxxx's Borrowers financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in Xxxxxx's possession concerning BorrowerXxxxxxxx's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Each Guarantor represents and warrants that it is fully aware of the financial condition of XxxxxxxxBorrower, and each Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Xxxxxxxx's Borrower’s financial condition and in no part upon any representation or statement of Agent or any Lender with respect thereto. Each Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning Xxxxxxxx's Borrower’s financial condition as each Guarantor may deem material to its his obligations hereunder, and such Guarantor is not relying upon, nor expecting Lender Agent to furnish it such Guarantor any information in Xxxxxx's Agent’s or any Lender’s possession concerning Borrower's ’s financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Each Guarantor hereby waives any duty on the part of Lender Agent to disclose to such Guarantor any facts it Agent or any other Benefited Party may now or hereafter know about Borrower, regardless of whether Lender Agent has reason to believe that any such facts materially increase the risk beyond that which such Guarantor intends to assume or has reason to believe that such facts are unknown to such Guarantor. Each Guarantor hereby knowingly accepts the full range of risk encompassed within a contract of “continuing guaranty” which includes, without limitation, the possibility that Borrower will contract for additional indebtedness for which such Guarantor may be liable hereunder after Xxxxxxxx’s financial condition or ability to pay its lawful debts when they fall due has deteriorated.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of XxxxxxxxBorrower, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of XxxxxxxxBorrower's financial condition and in no part upon any representation or statement of Lender with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning XxxxxxxxBorrower's financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in XxxxxxLender's possession concerning Borrower's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor. Guarantor hereby knowingly accepts the full range of risk encompassed within a contract of "Continuing Guaranty" which includes, without limitation, the possibility that Borrower will contract for additional indebtedness for which Guarantor may be liable hereunder after Borrower's financial condition or ability to pay its lawful debts when they fall due has deteriorated.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of Xxxxxxxx, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Xxxxxxxx's Borrowers financial condition and in no part upon any representation or statement of Lender with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning Xxxxxxxx's Borrowers financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender to furnish it any information in Xxxxxx's possession concerning BorrowerXxxxxxxx's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume or has reason to believe that such facts are unknown to Guarantor.

Financial Condition of Borrower. Guarantor represents and warrants that it is fully aware of the financial condition of Xxxxxxxx, and Guarantor delivers this Continuing Guaranty based solely upon its own independent investigation of Xxxxxxxx's financial condition and in no part upon any representation or statement of Lender Purchaser with respect thereto. Guarantor further represents and warrants that it is in a position to and hereby does assume full responsibility for obtaining such additional information concerning Xxxxxxxx's financial condition as Guarantor may deem material to its obligations hereunder, and Guarantor is not relying upon, nor expecting Lender Purchaser to furnish it any information in XxxxxxPurchaser's possession concerning BorrowerXxxxxxxx's financial condition or concerning any circumstances bearing on the existence or creation, or the risk of nonpayment or nonperformance of the Liabilities. Guarantor hereby waives any duty on the part of Lender Purchaser to disclose to Guarantor any facts it may now or hereafter know about Borrower, regardless of whether Lender Purchaser has reason to believe that any such facts materially increase the risk beyond that which Guarantor intends to assume assume, or has reason to believe that such facts are unknown to Guarantor.