Common use of Information Concerning Financial Condition of Certain Entities Clause in Contracts

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.

Appears in 2 contracts

Samples: Counterpart Agreement (REV Group, Inc.), Counterpart Agreement (REV Group, Inc.)

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Information Concerning Financial Condition of Certain Entities. The Revolving ABL 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 the Company and its Subsidiaries and all endorsers and/or guarantors of the Revolving ABL Obligations or the Term Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving ABL Obligations or the Term Obligations. The Revolving ABL Collateral Agent and the other Revolving ABL 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 ABL Collateral Agent or any other Revolving ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Revolving ABL Collateral Agent or any other Revolving ABL Claimholders, or the Term Collateral Agent or any other Term Claimholders, in its or their sole discretion, 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 ABL Collateral Agent and the other Revolving ABL 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.

Appears in 1 contract

Samples: Term Credit Agreement (Ascena Retail Group, Inc.)

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Information Concerning Financial Condition of Certain Entities. The Revolving ABL 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 the Borrower and its Subsidiaries and all endorsers and/or guarantors of the Revolving ABL Obligations or the Term Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving ABL Obligations or the Term Obligations. The Revolving ABL Collateral Agent and the other Revolving ABL 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 ABL Collateral Agent or any other Revolving ABL Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Revolving ABL Collateral Agent or any other Revolving ABL Claimholders, or the Term Collateral Agent or any other Term Claimholders, in its or their sole discretion, 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 ABL Collateral Agent and the other Revolving ABL 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.

Appears in 1 contract

Samples: Abl Intercreditor Agreement (Entegris Inc)

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