Financial Condition of the Borrower. Any Loan may be made to the Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation. No Secured Party shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Credit Party. Each Guarantor has adequate means to obtain information on a continuing basis concerning the financial condition of the Borrower and the other Credit Parties and their ability to perform their respective obligations under the Credit Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties and of all circumstances bearing upon the risk of non-payment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Secured Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party known or hereafter known by such Secured Party.
Appears in 6 contracts
Samples: Sixth Amendment Agreement (Mogo Inc.), First Amendment Agreement (Mogo Inc.), Revolving Credit and Guarantee Agreement (Mogo Inc.)
Financial Condition of the Borrower. Any Loan Credit Extension may be made to the Borrower or continued from time to time time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation, as the case may be. No Secured Party shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Credit PartyBorrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and the other Credit Parties and their its ability to perform their respective its obligations under the Credit Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties and of all circumstances bearing upon the risk of non-payment nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Secured Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party now known or hereafter known by such any Secured Party.
Appears in 6 contracts
Samples: Debt and Guaranty Agreement (2U, Inc.), Restructuring Support Agreement (2U, Inc.), Credit and Guaranty Agreement (2U, Inc.)
Financial Condition of the Borrower. Any Loan Credit Extension may be made to the Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation. No Secured Guaranteed Party shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Credit Partysuch obligor. Each Guarantor has adequate means to obtain information from each such obligor on a continuing basis concerning the financial condition of the Borrower each such obligor and the other Credit Parties and their its ability to perform their respective its obligations under the Credit Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties each such obligor and of all circumstances bearing upon the risk of non-payment nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Secured Guaranteed Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party such obligor now known or hereafter known by such Secured any Guaranteed Party.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/)
Financial Condition of the Borrower. Any Loan Credit Extension may be made to the Borrower or continued from time to time without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation. No Secured Party shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Credit PartyBorrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and the other Credit Parties and their its ability to perform their respective obligations Obligations under the Credit Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties and of all circumstances bearing upon the risk of non-payment nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Secured Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party now known or hereafter known by such any Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Northstar Realty Finance Corp.), Credit and Guaranty Agreement (Northstar Realty Finance Corp.)
Financial Condition of the Borrower. Any Term Loan may be made to the Borrower or continued from time to time time, without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation. No Neither the Administrative Agent nor any other Secured Party shall have any obligation to disclose to or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Credit PartyBorrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and the other Credit Parties and their its ability to perform their respective its obligations under the Credit Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties and of all circumstances bearing upon the risk of non-payment nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of the Administrative Agent or any other Secured Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party now known or hereafter known by such the Administrative Agent or any other Secured Party.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (U.S. Concrete, Inc.), Credit and Guaranty Agreement (U.S. Concrete, Inc.)
Financial Condition of the Borrower. Any Loan extension of credit may be made to the Borrower or continued from time to time without notice to or authorization from any Loan Party Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation. No Secured Party shall have any obligation to disclose to or discuss with any Loan Party Guarantor its assessment, or any Loan Party Guarantor’s assessment, of the financial condition of the Borrower or any other Credit PartyBorrower. Each Loan Party Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and the other Credit Parties and their its ability to perform their respective its obligations under the Credit Loan Documents, and each Loan Party Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties and of all circumstances bearing upon the risk of non-payment nonpayment of the Guaranteed Obligations. Each Loan Party Guarantor hereby waives and relinquishes any duty on the part of any Secured Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party now known or hereafter known by such any Secured Party.
Appears in 1 contract
Samples: Term Loan, Security and Guaranty Agreement (Venoco, Inc.)
Financial Condition of the Borrower. Any Loan Advance may be made to the Borrower or continued from time to time without notice to or authorization from any Subsidiary Guarantor regardless of the financial or other condition of the Borrower or any other Credit Party at the time of any such grant or continuation. No Secured Party shall have any obligation to disclose to or discuss with any Subsidiary Guarantor its assessment, or any Subsidiary Guarantor’s assessment, of the financial condition of the Borrower or any other Credit PartyBorrower. Each Subsidiary Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and the other Credit Parties and their its ability to perform their respective its obligations under the Credit Transaction Documents, and each Subsidiary Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and other Credit Parties and of all circumstances bearing upon the risk of non-payment nonpayment of the Guaranteed Obligations. Each Subsidiary Guarantor hereby waives and relinquishes any duty on the part of any Secured Party to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower or any Credit Party now known or hereafter known by such any Secured Party.
Appears in 1 contract