Information Concerning Financial Condition of Certain Entities Sample Clauses

Information Concerning Financial Condition of Certain Entities. The Revolving Claimholders, on the one hand, and the Term Claimholders, on the other hand, shall in each case be responsible for keeping themselves informed of (a) the financial condition of Borrower and its Subsidiaries and all endorsers and/or guarantors of the Revolving Obligations or the Term Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Obligations or the Term Obligations. The Revolving Collateral Agent and the other Revolving Claimholders shall have no duty to advise the Term Collateral Agent or any other Term Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. The Term Collateral Agent and the other Term Claimholders shall have no duty to advise the Revolving Collateral Agent or any other Revolving Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Revolving Collateral Agent or any other Revolving Claimholders, or the Term Collateral Agent or any other Term Claimholders, undertakes at any time or from time to time to provide any such information to any other party to this Agreement, it or they shall be under no obligation (i) to make, and the Revolving Collateral Agent and the other Revolving Claimholders, or the Term Collateral Agent and the other Term Claimholders, as the case may be, shall not be required to make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness, or validity of any such information so provided, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation or (iv) to disclose any information, which pursuant to accepted or reasonable commercial practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
Information Concerning Financial Condition of Certain Entities. The ABL Revolving Collateral Agent and the ABL Revolving Claimholders, on the one hand, and holders of the Notes and/or lenders under the First Lien Credit Facility, on the other hand, shall each be responsible for keeping them- selves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the ABL Revolving Obligations or the Term Obligations and (b) all other circum- stances bearing upon the risk of nonpayment of the ABL Revolving Obligations or the Term Obligations. The ABL Revolving Collateral Agent and the ABL Revolving Claimholders shall have no duty to advise the Term Agents and the Term Claimholders of information known to it or them regarding such condition or any such circumstances or otherwise. Each Term Agent and the Term Claimholders shall have no duty to advise the ABL Revolving Collateral Agent or any ABL Revolving Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the ABL Re- volving Collateral Agent or any ABL Revolving Claimholders, or any Term Agent or any Term Claim- holders, in its or their sole discretion, undertakes at any time or from time to time to provide any such in- formation to any other party to this Agreement, it or they shall be under no obligation:
Sample 1
Information Concerning Financial Condition of Certain Entities. The Revolving Claimholders, on the one hand, and the Fixed Asset Claimholders (other than the Trustee and the Fixed Asset Collateral Agents), on the other hand, shall in each case be responsible for keeping themselves informed of (a) the financial condition of Parent and its Subsidiaries and all endorsers and/or guarantors of the Revolving Obligations or the Fixed Asset Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Obligations or the Fixed Asset Obligations. The Revolving Administrative Agent and the other Revolving Claimholders shall have no duty to advise the Fixed Asset Collateral Agent or any other Fixed Asset Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. None of the Fixed Asset Collateral Agents and none of the other Fixed Asset Claimholders shall have any duty to advise the Revolving Administrative Agent or any other Revolving Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Revolving Administrative Agent or any other Revolving Claimholders, or any Fixed Asset Collateral Agent or any other Fixed Asset Claimholders, undertakes at any time or from time to time to provide any such information to any other party to this Agreement, it or they shall be under no obligation (i) to make, and the Revolving Administrative Agent and the other Revolving Claimholders, or the Fixed Asset Collateral Agents and the other Fixed Asset Claimholders, as the case may be, shall not be required to make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness, or validity of any such information so provided, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation or (iv) to disclose any information, which pursuant to accepted or reasonable commercial practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.
Sample 1
Information Concerning Financial Condition of Certain Entities. The First Lien Credit Facility Agent and the First Lien Credit Facility Claimholders, on the one hand, and holders of the Notes and/or lenders under the First Lien Credit Facility, on the other hand, shall each be responsible for keep- ing themselves informed of (a) the financial condition of the Company and its Subsidiaries and all en- dorsers and/or guarantors of the First Lien Obligations or the Notes Obligations and (b) all other circum- stances bearing upon the risk of nonpayment of the First Lien Obligations or the Notes Obligations. The First Lien Credit Facility Agent and the First Lien Credit Facility Claimholders shall have no duty to ad- vise the Notes Collateral Agent and the Notes Claimholders of information known to it or them regarding such condition or any such circumstances or otherwise. Each Notes Collateral Agent and the Notes Claimholders shall have no duty to advise the First Lien Credit Facility Agent or any First Lien Credit Facility Claimholder of information known to it or them regarding such condition or any such circum- stances or otherwise. In the event the First Lien Credit Facility Agent or any First Lien Credit Facility Claimholders, or the Notes Collateral Agent or any Notes Claimholders, in its or their sole discretion, un- dertakes at any time or from time to time to provide any such information to any other party to this Agreement, it or they shall be under no obligation:
Sample 1

Related to Information Concerning Financial Condition of Certain Entities

  • Information Concerning Financial Condition of the Credit Parties No Party has any responsibility for keeping any other Party informed of the financial condition of the Credit Parties or of other circumstances bearing upon the risk of nonpayment of the Original First Lien Obligations, the Original Second Lien Obligations or any Additional Obligations, as applicable. Each Party hereby agrees 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 Party, 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 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.

  • Financial Condition of Company Any Credit Extension may be made to Company or continued from time to time, and any Hedge Agreements 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 Company at the time of any such grant or continuation or at the time such Hedge 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 Company. Each Guarantor has adequate means to obtain information from Company on a continuing basis concerning the financial condition of Company and its ability to perform its obligations under the Credit Documents and the Hedge Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Company 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 Company now known or hereafter known by any Beneficiary.

  • Investigation of Financial Condition Without in any manner reducing or otherwise mitigating the representations contained herein, Company shall have the opportunity to meet with Buyer's accountants and attorneys to discuss the financial condition of Buyer. Buyer shall make available to Company all books and records of Buyer.

  • Access to Information Concerning Properties and Records During the period commencing on the date hereof and ending on the earlier of (i) the Closing Date and (ii) the date on which this Agreement is terminated pursuant to Section 9.1 hereof, each of the Company and Parent shall, and each shall cause each of its Subsidiaries to, upon reasonable notice, afford the other party, and its respective counsel, accountants, consultants and other authorized representatives, access during normal business hours to its and its Subsidiaries' employees, properties, books and records in order that they may have the opportunity to make such investigations as they shall desire of its and its Subsidiaries' affairs; such investigation shall not, however, affect the representations and warranties made by the Company or Parent in this Agreement. The Company shall furnish promptly to Parent and Merger Sub and Parent and Merger Sub shall furnish promptly to the Company (x) a copy of each form, report, schedule, statement, registration statement and other document filed by it or its Subsidiaries during such period pursuant to the requirements of Federal, state or foreign securities laws and (y) all other information concerning its or its Subsidiaries' business, properties and personnel as Parent, Merger Sub or the Company may reasonably request. Each of the Company and Parent agrees to cause its officers and employees to furnish such additional financial and operating data and other information and respond to such inquiries as the other party shall from time to time reasonably request.

  • Reliance on Company Statement Whenever in the performance of its duties under this Warrant Agreement, the Warrant Agent shall deem it necessary or desirable that any fact or matter be proved or established by the Company prior to taking or suffering any action hereunder, such fact or matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by a statement signed by the President or Chairman of the Board of the Company and delivered to the Warrant Agent. The Warrant Agent may rely upon such statement for any action taken or suffered in good faith by it pursuant to the provisions of this Agreement.

  • Financial Statements; Financial Condition All consolidated financial statements for Borrower and any of its Subsidiaries delivered to Bank fairly present in all material respects Borrower’s consolidated financial condition and Borrower’s consolidated results of operations. There has not been any material deterioration in Borrower’s consolidated financial condition since the date of the most recent financial statements submitted to Bank.

  • Information Concerning the Company Buyer has conducted its own due diligence with respect to the Company and its liabilities and believes it has enough information upon which to base an investment decision in the Stock. Buyer acknowledges that Seller has made no representations with respect to the Company, its status, or the existence or non-existence of liabilities in the Company except as explicitly stated in this Agreement. Buyer is taking the Company “as is” and acknowledges and assumes all liabilities of the Company.

  • Information Concerning Company The Reports contain all material information relating to the Company and its operations and financial condition as of their respective dates which information is required to be disclosed therein. Since the date of the financial statements included in the Reports, and except as modified in the Other Written Information or in the Schedules hereto, there has been no material adverse change in the Company's business, financial condition or affairs not disclosed in the Reports. The Reports do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading in light of the circumstances when made.

  • Financial Condition; Financial Statements (a) On and as of the Effective Date, on a pro forma basis after giving effect to the Transaction and to all Indebtedness (including the Loans) incurred, and to be incurred, and Liens created, and to be created, by each Credit Party in connection therewith, with respect to the Borrower (on a stand-alone basis) and the Borrower and its Subsidiaries (on a consolidated basis) (x) the sum of the assets, at a fair valuation, of the Borrower (on a stand-alone basis) and the Borrower and its Subsidiaries (on a consolidated basis) will exceed its or their debts, (y) it has or they have not incurred nor intended to, nor believes or believe that it or they will, incur debts beyond its or their ability to pay such debts as such debts mature and (z) it or they will have sufficient capital with which to conduct its or their business. For purposes of this Section 8.09(a), “debt” means any liability on a claim, and “claim” means (i) right to payment, whether or not such a right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured or (ii) right to an equitable remedy for breach of performance if such breach gives rise to a payment, whether or not such right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured. The amount of contingent liabilities at any time shall be computed as the amount that, in the light of all facts and circumstances existing at such time, represents the amount that can reasonably be expected to become an actual or matured liability.

Time is Money Join Law Insider Premium to draft better contracts faster.