Common use of Financial Condition of Company Clause in Contracts

Financial Condition of Company. Any Credit Extension may be made to Company or continued from time to time, and any Interest Rate Agreements or Currency Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation or at the time such Interest Rate Agreement or Currency Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents and the Interest Rate Agreements and Currency Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)

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Financial Condition of Company. Any Credit Extension may be made to Company any Borrower or continued from time to time, and any Interest Rate Agreements or Currency Hedge Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company such Borrower at the time of any such grant or continuation or at the time such Interest Rate Agreement or Currency Hedge Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Companyany Borrower. Each Guarantor has adequate means to obtain information from Company Borrowers on a continuing basis concerning the financial condition of Company Borrowers and its their ability to perform its their respective obligations under the Credit Documents and the Interest Rate Agreements and Currency Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company Borrowers now known or hereafter known by any Beneficiary.. EXECUTION

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Autocam International LTD)

Financial Condition of Company. Any Credit Extension may be made to Holdings or Company or continued from time to time, and any Interest Rate Agreements or Currency Hedge Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Holdings or Company at the time of any such grant or continuation or at the time such Interest Rate Agreement or Currency Hedge Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Holdings or Company. Each Guarantor has adequate means to obtain information from Holdings and/or Company on a continuing basis concerning the financial condition of Holdings or Company and its ability to perform its obligations under the Credit Documents and the Interest Rate Agreements and Currency Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Holdings or Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any 108 matter, fact or thing relating to the business, operations or conditions of Holdings or Company now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Focal Communications Corp)

Financial Condition of Company. Any Credit Extension may be made to Company or continued from time to time, any Hedge Agreements and any Interest Rate Agreements or Currency Agreements Specified Cash Management Arrangements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation or at the time such Interest Rate Hedge Agreement or Currency Agreement Specified Cash Management Arrangement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's ’s assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents Documents, the Specified Cash Management Arrangements and the Interest Rate Agreements and Currency Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

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Financial Condition of Company. Any Credit Extension may be made to Company or continued from time to time, and any Approved Interest Rate Agreements or Currency Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Company at the time of any such grant or continuation or at the time such Approved Interest Rate Agreement or Currency Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's ’s assessment, of the financial condition of Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents and the Approved Interest Rate Agreements and Currency Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Company now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Madison Square Garden Co)

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