Common use of Financial Condition of the Borrower Clause in Contracts

Financial Condition of the Borrower. Any Loan may be made to the Borrower without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower at the time of any such Loan. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or such Guarantor’s assessment, of the financial condition of the Borrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Transaction Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower 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 the Borrower now known or hereafter known by any Beneficiary.

Appears in 2 contracts

Samples: Bridge Loan and Security Agreement (Uniti Group Inc.), Bridge Loan and Security Agreement (Uniti Group Inc.)

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Financial Condition of the Borrower. Any The Term Loan may be made to the Borrower without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrower at the time of any such Loantime. No Beneficiary The Lender shall not have any obligation to disclose or discuss with any Guarantor its assessment, or such any Guarantor’s assessment, of the financial condition of the Borrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Transaction Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower 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 the Lender to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower now known or hereafter known by any Beneficiarythe Lender.

Appears in 1 contract

Samples: Senior Unsecured Term Loan Agreement (Altisource Portfolio Solutions S.A.)

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 at the time of any such Loangrant or continuation. No Beneficiary Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or such any Guarantor’s assessment, of the financial condition of the Borrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Transaction Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower 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 Lender to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower now known or hereafter known by any BeneficiaryLender.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Trident Microsystems Inc)

Financial Condition of the Borrower. Any Loan Borrowing 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 at the time of any such Loangrant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or such any Guarantor’s assessment, of the financial condition of the Borrower. Each Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Transaction Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower 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 the Borrower now known or hereafter known by the Administrative Agent or any BeneficiaryLender.

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

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Financial Condition of the Borrower. Any Term Loan or other payments may be made granted to the Borrower or continued from time to time without notice to or authorization from any the Guarantor regardless of the financial or other condition of the Borrower at the time of any such Loangrant or continuation. No Beneficiary The Lender shall have any no obligation to disclose or discuss with any the Guarantor its assessment, or such the Guarantor’s 's assessment, of the financial condition of the Borrower. Each The Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Transaction Documentstheir obligations, and each the Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each The Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary the Lender to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower now known or hereafter known by any Beneficiarythe Lender.

Appears in 1 contract

Samples: Subsidiary Guaranty (Covad Communications Group Inc)

Financial Condition of the Borrower. Any Loan The Guarantied Obligations may be made continued from time to the Borrower time without notice to or authorization from any the Guarantor regardless of the financial or other condition of the Borrower at the time of any such Loangrant or continuation. No Beneficiary The Bank shall not have any obligation to disclose or discuss with any the Guarantor its assessment, or such the Guarantor’s 's assessment, of the financial condition of the Borrower. Each The Guarantor has adequate means to obtain information from the Borrower on a continuing basis concerning the financial condition of the Borrower and its ability to perform its obligations under the Transaction Loan Documents, and each the Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Guarantied Obligations. Each The Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary the Bank to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrower now known or hereafter known by any Beneficiarythe Bank.

Appears in 1 contract

Samples: Guaranty Agreement (Pioneer Power Solutions, Inc.)

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