Common use of Guarantor Due Diligence and Benefit Clause in Contracts

Guarantor Due Diligence and Benefit. Each Guarantor is fully aware of the financial condition, assets and prospects of each Credit Party, and each Guarantor is executing and delivering this Guaranty based solely upon such Guarantor’s own independent investigation thereof and in no part upon any representation, warranty or statement of any Guaranteed Party with respect to the Credit Parties’ financial condition, assets or prospects. Each Guarantor is in a position to and hereby assumes full responsibility for obtaining any and all information concerning the Credit Parties’ financial condition, assets and prospects as such Guarantor may now or hereafter deem material to such Guarantor’s decision to enter into and become liable under this Guaranty and such Guarantor is not relying upon, nor does such Guarantor expect any Guaranteed Party to furnish such Guarantor with any information which may be now or hereafter in such Person’s possession concerning the Credit Parties’ financial condition, assets or prospects. Each Guarantor hereby knowingly accepts the full range of risks encompassed within a contract of guaranty, which risks such Guarantor understands may include, without limitation, the possibility that the Credit Parties may incur additional indebtedness to the Guaranteed Party for which such Guarantor may be liable hereunder after the Credit Parties’ financial condition or means or ability to pay its lawful debts when they fall due has deteriorated. Each Guarantor further acknowledges and agrees that any credit or other financial accommodations now or hereafter extended by the Guaranteed Party to the Credit Parties and any and all forbearances with respect to any Credit Party or its assets which the Agent or the Lender may now or hereafter grant are and will be of direct interest, benefit and advantage to such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Sunlink Health Systems Inc)

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Guarantor Due Diligence and Benefit. Each Guarantor is fully aware of the financial condition, assets and prospects of each Credit PartyBorrower, and each Guarantor is executing and delivering this Guaranty based solely upon such Guarantor’s 's own independent investigation thereof and in no part upon any representation, warranty or statement of any Guaranteed Party Lender with respect to the Credit Parties’ Borrower's financial condition, assets or prospects. Each Guarantor is in a position to and hereby assumes full responsibility for obtaining any and all information concerning the Credit Parties’ Borrower's financial condition, assets and prospects as such Guarantor may now or hereafter deem material to such Guarantor’s 's decision to enter into and become liable under this Guaranty and such Guarantor is not relying upon, nor does such Guarantor expect any Guaranteed Party Lender to furnish such Guarantor with any information which may be now or hereafter in such Person’s Lender's possession concerning the Credit Parties’ Borrower's financial condition, assets or prospects. Each Guarantor hereby knowingly accepts the full range of risks encompassed within a contract of guaranty, which risks such Guarantor understands may include, without limitation, the possibility that the Credit Parties Borrower may incur additional indebtedness to the Guaranteed Party Lender for which such Guarantor may be liable hereunder after the Credit Parties’ Borrower's financial condition or means or ability to pay its lawful debts when they fall due has deteriorated. Each Guarantor further acknowledges and agrees that any credit or other financial accommodations now or hereafter extended by the Guaranteed Party Lender to the Credit Parties Borrower and any and all forbearances with respect to any Credit Party Borrower or its assets which the Agent or the Lender may now or hereafter grant are and will be of direct interest, benefit and advantage to such Guarantor.

Appears in 1 contract

Samples: Security Agreement (Cryolife Inc)

Guarantor Due Diligence and Benefit. Each Guarantor is fully aware of the financial condition, assets and prospects of each Credit Partythe Company, and each such Guarantor is executing and delivering this Guaranty based solely upon such Guarantor’s own independent investigation thereof and in no part upon any representation, warranty or statement of any Guaranteed Party with respect to the Credit Parties’ Company’s financial condition, assets or prospects. Each Guarantor is in a position to and hereby assumes full responsibility for obtaining any and all information concerning the Credit Parties’ Company’s financial condition, assets and prospects as such Guarantor may now or hereafter deem material to such Guarantor’s decision to enter into and become liable under this Guaranty and such Guarantor is not relying upon, nor does such Guarantor expect any Guaranteed Party to furnish such Guarantor with with, any information which may be now or hereafter in such PersonGuaranteed Party’s possession concerning the Credit Parties’ Company’s financial condition, assets or prospects. Each Guarantor hereby knowingly accepts the full range of risks encompassed within a contract of guaranty, which risks such Guarantor understands may include, without limitation, the possibility that the Credit Parties Company may incur additional indebtedness to the Guaranteed Party Parties for which such Guarantor may be liable hereunder after the Credit Parties’ Company’s financial condition or means or ability to pay its lawful debts when they fall due has deteriorated. Each Guarantor further acknowledges and agrees that any credit or other financial accommodations now or hereafter extended by the Guaranteed Party Parties to the Credit Parties Company and any and all forbearances with respect to any Credit Party the Company or its assets which the Agent or the Lender Guaranteed Parties may now or hereafter grant are and will be of direct interest, benefit and advantage to such Guarantor.

Appears in 1 contract

Samples: Guaranty Agreement (Gasco Energy Inc)

Guarantor Due Diligence and Benefit. Each Guarantor is fully aware of the financial condition, assets and prospects of each Credit Partythe Borrower, and each Guarantor is executing and delivering this Guaranty based solely upon such Guarantor’s 's own independent investigation thereof and in no part upon any representation, warranty or statement of any the Guaranteed Party with respect to the Credit Parties’ Borrower's financial condition, assets or prospects. Each Guarantor is in a position to and hereby assumes full responsibility for obtaining any and all information concerning the Credit Parties’ Borrower's financial condition, assets and prospects as such Guarantor may now or hereafter deem material to such Guarantor’s 's decision to enter into and become liable under this Guaranty and such Guarantor is not relying upon, nor does such Guarantor expect any the Guaranteed Party to furnish such Guarantor with any information which may be now or hereafter in such Person’s the Guaranteed Party's possession concerning the Credit Parties’ Borrower's financial condition, assets or prospects. Each Guarantor hereby knowingly accepts the full range of risks encompassed within a contract of guaranty, which risks such Guarantor understands may include, without limitation, the possibility that the Credit Parties Borrower may incur additional indebtedness to the Guaranteed Party for which such Guarantor may be liable hereunder after the Credit Parties’ Borrower's financial condition or means or ability to pay its lawful debts when they fall due has deteriorated. Each Guarantor further acknowledges and agrees that any credit or other financial accommodations now or hereafter extended by the Guaranteed Party to the Credit Parties Borrower and any and all forbearances with respect to any Credit Party the Borrower or its assets which the Agent or the Lender Guaranteed Party may now or hereafter grant are and will be of direct interest, benefit and advantage to such Guarantor.

Appears in 1 contract

Samples: Loan Agreement (Immucor Inc)

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Guarantor Due Diligence and Benefit. Each Guarantor is fully aware of the financial condition, assets and prospects of each Credit Partythe Borrower, and each Guarantor is executing and delivering this Guaranty based solely upon such Guarantor’s 's own independent investigation thereof and in no part upon any representation, warranty or statement of any the Guaranteed Party with respect to the Credit Parties’ Borrower's financial condition, assets or prospects. Each Guarantor is in a position to and hereby assumes full responsibility for obtaining any and all information concerning the Credit Parties’ Borrower's financial condition, assets and prospects as such Guarantor may now or hereafter deem material to such Guarantor’s its decision to enter into and become liable under this Guaranty and such Guarantor is not relying upon, nor does such Guarantor expect any the Guaranteed Party to furnish such Guarantor it with any information which may be now or hereafter in such Person’s the Guaranteed Party's possession concerning the Credit Parties’ Borrower's financial condition, assets or prospects. Each Guarantor hereby knowingly accepts the full range of risks encompassed within a contract of guaranty, which risks such Guarantor understands may include, without limitation, the possibility that the Credit Parties Borrower may incur additional indebtedness to the Guaranteed Party for which such Guarantor may be liable hereunder after the Credit Parties’ Borrower's financial condition or means or ability to pay its lawful debts when they fall due has deteriorated. Each Guarantor further acknowledges and agrees that any credit or other financial accommodations now or hereafter extended by the Guaranteed Party to the Credit Parties Borrower and any and all forbearances with respect to any Credit Party the Borrower or its assets which the Agent or the Lender Guaranteed Party may now or hereafter grant are and will be of direct interest, benefit and advantage to such Guarantor.

Appears in 1 contract

Samples: Guaranty Agreement (Vodavi Technology Inc)

Guarantor Due Diligence and Benefit. Each Guarantor is fully aware of the financial condition, assets and prospects of each Credit Partythe Company, and each Guarantor is executing and delivering this Guaranty based solely upon such Guarantor’s 's own independent investigation thereof and in no part upon any representation, warranty or statement of any Guaranteed Party with respect to the Credit Parties’ Company's financial condition, assets or prospects. Each Guarantor is in a position to and hereby assumes full responsibility for obtaining any and all information concerning the Credit Parties’ Company's financial condition, assets and prospects as such Guarantor may now or hereafter deem material to such Guarantor’s 's decision to enter into and become liable under this Guaranty and such Guarantor is not relying upon, nor does such Guarantor expect any Guaranteed Party to furnish such Guarantor with any information which may be now or hereafter in such Person’s Guaranteed Party's possession concerning the Credit Parties’ Company's financial condition, assets or prospects. Each Guarantor hereby knowingly accepts the full range of risks encompassed within a contract of guaranty, which risks such Guarantor understands may include, without limitation, the possibility that the Credit Parties Company may incur additional indebtedness to the Guaranteed Party Parties for which such Guarantor may be liable hereunder after the Credit Parties’ Company's financial condition or means or ability to pay its lawful debts when they fall due has deteriorated. Each Guarantor further acknowledges and agrees that any credit or other financial accommodations now or hereafter extended by the Guaranteed Party Parties to the Credit Parties Company and any and all forbearances with respect to any Credit Party the Company or its assets which the Agent or the Lender Guaranteed Parties may now or hereafter grant are and will be of direct interest, benefit and advantage to such Guarantor.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (Cornell Corrections Inc)

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