Common use of Financial Condition of Company Clause in Contracts

Financial Condition of Company. Any Credit Event may be made to, or for the benefit of, any Borrower or continued from time to time, and any Secured Hedging Agreements or any Secured Cash Management 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 such Borrower at the time of any such grant or continuation or at the time such Secured Hedging Agreement or Secured Cash Management Agreement is entered into, as the case may be. No Guaranteed Creditor shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from the Borrowers on a continuing basis concerning the financial condition of the Borrowers and their ability to perform its obligations under the Credit Documents, the Secured Hedging Agreements and Secured Cash Management Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the 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 Guaranteed Creditor to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrowers now known or hereafter known by any Guaranteed Creditor.

Financial Condition of Company. Any Credit Event Extension may be made to, or for the benefit of, any Borrower to Company or continued from time to time, any Permitted Hedge Agreements may be entered into from time to time and any Secured Hedging Agreements or any Secured Permitted Cash Management 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 such Borrower Company at the time of any such grant or continuation or at the time such Secured Hedging Permitted Hedge Agreement or Secured such Permitted Cash Management Agreement is entered into, as the case may be. No Guaranteed Creditor Beneficiary shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any BorrowerCompany. Each Guarantor has adequate means to obtain information from the Borrowers Company on a continuing basis concerning the financial condition of the Borrowers Company and their its ability to perform its obligations under the Credit Documents, the Secured Hedging Agreements and Secured Permitted Hedge Agreements, the Permitted Cash Management Agreements, Agreements and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrowers 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 Guaranteed Creditor Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrowers Company now known or hereafter known by any Guaranteed CreditorBeneficiary.