Information Concerning Financial Condition. Each of Second Lien Agent and each Second Lien Lender hereby assumes responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Second Lien Indebtedness, and agrees that First Lien Agent, First Lien Co-Agent and the First Lien Lenders have and shall have no duty to advise Second Lien Agent or any Second Lien Lender of information known to First Lien Agent, First Lien Co-Agent or any First Lien Lender regarding such condition or any such circumstances. In the event First Lien Agent, First Lien Co-Agent or any First Lien Lender, in their sole discretion, undertake, at any time or from time to time, to provide any such information to Second Lien Agent or the Second Lien Lenders, none of First Lien Agent, First Lien Co-Agent or the First Lien Lenders shall be under any obligation (i) to provide any such information to Second Lien Agent or Second Lien Lenders on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, First Lien Agent, First Lien Co-Agent or any First Lien Lender wishes to maintain confidential. Second Lien Agent, on behalf of itself and the Second Lien Lenders, acknowledges and agrees that none of First Lien Agent, First Lien Co-Agent or any First Lien Lender has made any warranties or representations with respect to the legality, validity, enforceability, collectability or perfection of the First Lien Indebtedness or any liens or security interests held in connection therewith.
Information Concerning Financial Condition. The Senior Agent hereby assumes, for and on behalf of itself and the other Secured Parties, and the Subordinated Agent, for and on behalf of itself and the Subordinated Lenders, shall, without imposing any duty not expressly set forth in the Subordinated Credit Agreement or Subordinated Loan Documents, be responsible for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or the Subordinated Obligations, and the Senior Agent and the Subordinated Agent xxxxxx agrees that no party has and shall have a duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event the Senior Agent or the Subordinated Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to such other party to this Subordination Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation, or (c) to disclose any information which, pursuant to its commercial finance practices, the Senior Agent or the Subordinated Agent wishes to maintain confidential.
Information Concerning Financial Condition. Each Second Lien Creditor hereby assumes responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations, and agrees that First Lien Creditors have and shall have no duty to advise any Second Lien Creditor of information known to First Lien Creditors regarding such condition or any such circumstances. In the event that First Lien Creditors, in their sole discretion, undertake, at any time or from time to time, to provide any such information to any Second Lien Creditor, then First Lien Creditors shall not be under any obligation (a) to provide any such information to any Second Lien Creditor on any subsequent occasion, (b) to undertake any investigation, or (c) to disclose any information which, pursuant to its commercial finance practices, First Lien Creditors wish to maintain confidential. Each Second Lien Creditor acknowledges and agrees that First Lien Creditors have not made any warranties or representations with respect to the legality, validity, enforceability, collectibility or perfection of the First Lien Obligations or any liens or security interests held in connection therewith.
Information Concerning Financial Condition. Each of Senior Lender and Subordinated Lender hereby acknowledges that the other has no obligation to keep it informed of the financial condition of Debtor or of other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or Subordinated Indebtedness. Each of Senior Lender and Subordinated Lender hereby agrees that the other shall have no duty to advise it of information known to it regarding such condition or any such circumstances. In the event Senior Lender or Subordinated Lender (the “providing party”), in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the other (the “receiving party”), the providing party shall be under no obligation to (a) provide any such information to the receiving party on any subsequent occasion, (b) undertake any investigation not a part of its regular business routine, or (c) disclose any information that, pursuant to its commercial finance practices, the providing party wishes to maintain as confidential. Notwithstanding the foregoing, this Section 14 is subject to the notices required by Section 16 of this Agreement.
Information Concerning Financial Condition. Each of Senior Agent and Subordinated Agent hereby assume responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Creditor Indebtedness or the Subordinated Creditor Indebtedness, as applicable. Subordinated Agent hereby agrees that Senior Agent has and shall have no duty to advise Subordinated Agent of information known to Senior Agent or any other Senior Creditor regarding such condition or any such circumstances. Senior Agent hereby agrees that the Subordinated Agent has and shall have no duty to advise Senior Agent or any Senior Creditor of information regarding such condition or any such circumstance. In the event that Senior Agent, or Subordinated Agent, each in its sole discretion, undertakes, at any time or from time to time, to provide any such information to Subordinated Agent or to Senior Agent (as applicable), then neither Senior Agent nor Subordinated Agent (as applicable) shall be under any obligation (i) to provide any such information on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, Senior Agent or Subordinated Agent in its capacity solely as a Subordinated Agent, as applicable, wishes to maintain confidential. Subordinated Agent, acknowledges and agrees that neither Senior Agent nor any other Senior Creditor has made any warranties or representations with respect to the legality, validity, enforceability, collectibility or perfection of the Senior Creditor Indebtedness or any liens or security interests held in connection therewith. Senior Agent acknowledges and agrees that Subordinated Agent in its capacity solely as a Subordinated Agent has not made any warranties or representations with respect to the legality, validity, enforceability, collectibility or perfection of the Subordinated Creditor Indebtedness or any liens or security interests held in connection therewith.
Information Concerning Financial Condition. Subordinated Lender hereby assumes responsibility for keeping itself informed of the financial condition of Borrower and of all other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness, and agrees that Senior Lender shall have no duty to advise it of information known to Senior Lender regarding such condition or any such circumstances. In the event Senior Lender, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to Subordinated Lender, Senior Lender shall be under no obligation (i) to provide any such information to Subordinated Lender on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any information which, pursuant to its commercial finance practices, Senior Lender wishes to maintain confidential.
Information Concerning Financial Condition. Each Noteholder shall be responsible for keeping itself informed of (i) the financial condition of the Company and its Affiliates and all endorsers and/or guarantors of the obligations and (ii) all other circumstances bearing upon the risk of nonpayment of the obligations.
Information Concerning Financial Condition of the Borrower and the Loan Parties. Neither any Second Priority Representative nor any First Priority Representative hereby assumes responsibility for keeping each other informed of the financial condition of the Borrower and of any of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the First Priority Obligations or the Second Priority Obligations. Each Second Priority Representative and each First Priority Representative hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Second Priority Representative or any First Priority Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide or update any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information. Neither any First Priority Representative nor any Second Priority Representative shall have any responsibility to monitor or verify the financial condition of the Borrower or of any of the Loan Parties.
Information Concerning Financial Condition. Each of the Senior Agent and the Noteholder Collateral Agent, for and on behalf of itself and the Senior Lenders and the Noteholders, respectively, (a) assumes responsibility for keeping itself informed of the financial condition of the Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or the Notes Obligations, and (b) agrees that no party has and shall have a duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event the Senior Agent or the Noteholder Collateral Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to such other party to this Agreement, it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, it wishes to maintain confidential.
Information Concerning Financial Condition. Each Subordinated Lender assumes responsibility for keeping itself informed of the financial condition of the Company and of all other circumstances bearing upon the risk of nonpayment of the Subordinated Debt, and agrees that no Senior Lender shall have any duty to advise any Subordinated Lender of information known to any Senior Lender regarding such condition or any such circumstances. In the event any Senior Lender, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to a Subordinated Lender, such Senior Lender shall be under no obligation (i) to provide any such information to each Subordinated Lender on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, such Senior Lender wishes to maintain confidential.
