Common use of Financial Condition of the Borrower Clause in Contracts

Financial Condition of the Borrower. Any Loan may be made to the Borrower or continued from time to time and any Secured Swap Agreement or Secured Cash Management Services Agreement 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 the Borrower or any other Loan Party at the time of any such grant or continuation or at the time such Secured Swap Agreement or Secured Cash Management Services 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 the Borrower or any other Loan Party. Each Guarantor has adequate means to obtain information from the Borrower and the other Loan Parties on a continuing basis concerning the financial condition of the Borrower and the other Loan Parties and their respective ability to perform their obligations under the Loan Documents and the Secured Swap Agreements and Secured Cash Management Services Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and each other Loan Party 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 or any other Loan Party now known or hereafter known by any Beneficiary.

Financial Condition of the Borrower. Any Loan Credit Extension may be made to the Borrower or continued from time to time time, and any Secured Swap Agreement Specified Hedge Obligations or Secured Specified Cash Management Services Agreement Obligations may be entered into incurred from time to 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 Loan Party at the time of any such grant or continuation or at the time such Secured Swap Agreement Specified Hedge Obligations or Secured Specified Cash Management Services Agreement is entered intoObligations are incurred, as the case may be. No Beneficiary Secured Party shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Loan PartyBorrower. Each Guarantor has adequate means to obtain information from the Borrower and the other Loan Parties on a continuing basis concerning the financial condition of the Borrower and the other Loan Parties and their respective its ability to perform their its obligations under the Loan Documents Credit Documents, the Specified Hedge Obligations and the Secured Swap Agreements and Secured Specified Cash Management Services AgreementsObligations, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and each other Loan Party 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 Secured Party to disclose any matter, fact or thing relating to the business, operations results of operations, assets, liabilities or conditions condition (financial or otherwise) of the Borrower or any other Loan Party now known or hereafter known by any BeneficiarySecured Party.

Financial Condition of the Borrower. Any Loan may be made to the Borrower or continued from time to time and any Secured Swap Agreement or Secured Cash Management Services Agreement 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 the Borrower or any other Loan Party at the time of any such grant or continuation or at the time such Secured Swap Agreement or Secured Cash Management Services 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 the Borrower or any other Loan Party. Each Guarantor has adequate means to obtain information from the Borrower and the other Loan Parties on a continuing basis concerning the financial condition of the Borrower and the other Loan Parties and their respective ability to perform their obligations under the Loan Documents and the Secured Swap Agreements and Secured Cash Management Services Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and each other Loan Party 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 or any other Loan Party now known or hereafter known by any Beneficiary.. 106

Financial Condition of the Borrower. Any Loan Credit Extension may be made to the Borrower or continued from time to time time, and any Secured Swap Agreement Specified Hedge Obligations or Secured Specified Cash Management Services Agreement Obligations may be entered into incurred from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other 122 condition of the Borrower or any other Loan Party at the time of any such grant or continuation or at the time such Secured Swap Agreement Specified Hedge Obligations or Secured Specified Cash Management Services Agreement is entered intoObligations are incurred, as the case may be. No Beneficiary Secured Party shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of the Borrower or any other Loan PartyBorrower. Each Guarantor has adequate means to obtain information from the Borrower and the other Loan Parties on a continuing basis concerning the financial condition of the Borrower and the other Loan Parties and their respective its ability to perform their its obligations under the Loan Documents Credit Documents, the Specified Hedge Obligations and the Secured Swap Agreements and Secured Specified Cash Management Services AgreementsObligations, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrower and each other Loan Party 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 Secured Party to disclose any matter, fact or thing relating to the business, operations results of operations, assets, liabilities or conditions condition (financial or otherwise) of the Borrower or any other Loan Party now known or hereafter known by any BeneficiarySecured Party.