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.
Appears in 8 contracts
Samples: Credit Concepts Inc, Zengine Inc, Zengine Inc
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.
Appears in 2 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 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.
Appears in 1 contract
Samples: Golden State Vintners Inc
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.
Appears in 1 contract
Samples: Loan and Security Agreement (Procom Technology Inc)
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.
Appears in 1 contract
Samples: Espos Inc
Financial Condition of Borrower. Guarantor represents and ------------------------------- warrants that it he is fully aware of the financial condition of XxxxxxxxBorrower, and Guarantor delivers this Continuing Guaranty based solely upon its his 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 he 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 him 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 limitations 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.
Appears in 1 contract
Samples: U S Remodelers Inc
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Convergent Communications Inc /Co
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.
Appears in 1 contract
Samples: Espos Inc