Common use of Guarantors Familiar with Borrower’s Affairs Clause in Contracts

Guarantors Familiar with Borrower’s Affairs. Each Guarantor confirms that an executed (or conformed) copy of each of the Loan Documents has been made available to its principal executive officers, that such officers are familiar with the contents thereof and of this Guaranty, and that it has executed and delivered this Guaranty after reviewing the terms and conditions of the Credit Agreement, the other Loan Documents and this Guaranty and such other information as it has deemed appropriate in order to make its own credit analysis and decision to execute and deliver this Guaranty. Each Guarantor confirms that it has made its own independent investigation with respect to the creditworthiness of the Borrower and its other Subsidiaries and Affiliates and is not executing and delivering this Guaranty in reliance on any representation or warranty by the Administrative Agent or any other Creditor or any other Person acting on behalf of the Administrative Agent or any other Creditor as to such creditworthiness. Each Guarantor expressly assumes all responsibilities to remain informed of the financial condition of the Borrower and its other Subsidiaries and Affiliates and any circumstances affecting (a) the Borrower’s or any other Subsidiary’s or Affiliate’s ability to perform its obligations under the Credit Agreement and the other Guaranteed Documents to which it is a party, or (b) any collateral securing, or any other guaranty for, all or any part of the Borrower’s or such other Subsidiary’s or Affiliate’s payment and performance obligations thereunder; and each Guarantor further agrees that the Administrative Agent and the other Creditors shall have no duty to advise any Guarantor of information known to them regarding such circumstances or the risks such Guarantor undertakes in this Guaranty.

Appears in 7 contracts

Samples: Subsidiary Guaranty (Kona Grill Inc), Guaranty (Preferred Apartment Communities Inc), Guaranty (Preferred Apartment Communities Inc)

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Guarantors Familiar with Borrower’s Affairs. Each Guarantor confirms that an executed (or conformed) copy of each of the Loan Documents has been made available to its principal executive officers, that such officers are familiar with the contents thereof and of this GuarantyGuarantee, and that it has executed and delivered this Guaranty Guarantee after reviewing the terms and conditions of the Credit this Agreement, the other Loan Documents and this Guaranty Guarantee and such other information as it has deemed appropriate in order to make its own credit analysis and decision to execute and deliver this GuarantyGuarantee. Each Guarantor confirms that it has made its own independent investigation with respect to the creditworthiness of the each Borrower and its other Subsidiaries and Affiliates and is not executing and delivering this Guaranty Guarantee in reliance on any representation or warranty by the Administrative Agent or any other Creditor Secured Party or any other Person acting on behalf of the Administrative Agent or any other Creditor Secured Party as to such creditworthiness. Each Guarantor expressly assumes all responsibilities to remain informed of the financial condition of the each Borrower and its other Subsidiaries and Affiliates and any circumstances affecting (a) the such Borrower’s or any other Subsidiary’s or Affiliate’s ability to perform its obligations under the Credit this Agreement and the other Guaranteed Loan Documents to which it is a party, or (b) any collateral securing, or any other guaranty guarantee for, all or any part of the such Borrower’s or such other Subsidiary’s or Affiliate’s payment and performance obligations thereunder; and each Guarantor further agrees that the Administrative Agent and the other Creditors Secured Parties shall have no duty to advise any Guarantor of information known to them regarding such circumstances or the risks such Guarantor undertakes in this GuarantyGuarantee.

Appears in 3 contracts

Samples: Term Loan Agreement (Vantage Drilling CO), Intercreditor Agreement (Vantage Drilling CO), Term Loan Agreement (Vantage Drilling CO)

Guarantors Familiar with Borrower’s Affairs. Each Guarantor confirms that an executed (or conformed) copy of each of the Loan Documents has been made available to its principal executive officers, that such officers are familiar with the contents thereof and of this Guaranty, and that it has executed and delivered this Guaranty after reviewing the terms and conditions of the Credit Agreement, the other Loan Documents and this Guaranty and such other information as it has deemed appropriate in order to make its own credit analysis and decision to execute and deliver this Guaranty. Each Guarantor confirms that it has made its own independent investigation with respect to the creditworthiness of Holdings, the Borrower and its other Subsidiaries and Affiliates and is not executing and delivering this Guaranty in reliance on any representation or warranty by the Administrative Agent or any other Creditor or any other Person acting on behalf of the Administrative Agent or any other Creditor as to such creditworthiness. Each Guarantor expressly assumes all responsibilities to remain informed of the financial condition of Holdings, the Borrower and its other Subsidiaries and Affiliates and any circumstances affecting (a) Holdings’, the Borrower’s or any other Subsidiary’s or Affiliate’s ability to perform its obligations under the Credit Agreement and the other Guaranteed Documents to which it is a party, or (b) any collateral securing, or any other guaranty for, all or any part of Holdings, the Borrower’s or such other Subsidiary’s or Affiliate’s payment and performance obligations thereunder; and each Guarantor further agrees that the Administrative Agent and the other Creditors shall have no duty to advise any Guarantor of information known to them regarding such circumstances or the risks such Guarantor undertakes in this Guaranty.

Appears in 1 contract

Samples: Guaranty (Purple Innovation, Inc.)

Guarantors Familiar with Borrower’s Affairs. Each Guarantor guarantor confirms that an executed (or conformed) copy of each of the Loan Documents loan documents has been made available to its principal executive officers, that such officers are familiar with the contents thereof and of this Guarantyguaranty, and that it has executed and delivered this Guaranty guaranty after reviewing the terms and conditions of the Credit Agreementcredit agreement, the other Loan Documents loan documents and this Guaranty guaranty and such other information as it has deemed appropriate in order to make its own credit analysis and decision to execute and deliver this Guarantyguaranty. Each Guarantor guarantor confirms that it has made its own independent investigation with respect to the creditworthiness of the Borrower borrower and its other Subsidiaries subsidiaries and Affiliates affiliates and is not executing and delivering this Guaranty guaranty in reliance on any representation or warranty by the Administrative Agent administrative agent or any other Creditor creditor or any other Person person acting on behalf of the Administrative Agent administrative agent or any other Creditor creditor as to such creditworthiness. Each Guarantor guarantor expressly assumes all responsibilities to remain informed of the financial condition of the Borrower borrower and its other Subsidiaries subsidiaries and Affiliates affiliates and any circumstances affecting (a) the Borrowerborrower’s or any other Subsidiarysubsidiary’s or Affiliateaffiliate’s ability to perform its obligations under the Credit Agreement credit agreement and the other Guaranteed Documents guaranteed documents to which it is a party, or (b) any collateral securing, or any other guaranty for, all or any part of the Borrowerborrower’s or such other Subsidiarysubsidiary’s or Affiliateaffiliate’s payment and performance obligations thereunder; and each Guarantor guarantor further agrees that the Administrative Agent administrative agent and the other Creditors creditors shall have no duty to advise any Guarantor guarantor of information known to them regarding such circumstances or the risks such Guarantor guarantor undertakes in this Guarantyguaranty.

Appears in 1 contract

Samples: Credit Agreement (Preferred Apartment Communities Inc)

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Guarantors Familiar with Borrower’s Affairs. Each Guarantor confirms that an executed (or conformed) copy of each of the Loan Documents has been made available to its principal executive officers, that such officers are familiar with the contents thereof and of this Guaranty, and that it has executed and delivered this Guaranty after reviewing the terms and conditions of the Credit Agreement, the other Loan Documents and this Guaranty and such other information as it has deemed appropriate in order to make its own credit analysis and decision to execute and deliver this Guaranty. Each Guarantor confirms that it has made its own independent investigation with respect to the creditworthiness of the Borrower and its other Subsidiaries and Affiliates and is not executing and delivering this Guaranty in reliance on any representation or warranty by the Administrative Agent or any other Creditor or any other Person acting on behalf of the Administrative Agent or any other Creditor as to such creditworthiness. Each Guarantor expressly assumes all responsibilities to remain informed of the financial condition of the Borrower and its other Subsidiaries and Affiliates and any circumstances affecting (a) the Borrower’s or any other Subsidiary’s or Affiliate’s ability to perform its obligations under the Credit Agreement and the other Guaranteed Documents to which it is a party, or (b) any collateral securing, or any other guaranty for, all or any part of the Borrower’s or such other Subsidiary’s or Affiliate’s payment and performance obligations thereunder; and each Guarantor further agrees that the Administrative Agent and the other Creditors shall have no duty to advise any Guarantor of information known to them regarding such circumstances or the risks such Guarantor undertakes in this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Mercury Computer Systems Inc)

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