Common use of Information Concerning Financial Condition of Company Clause in Contracts

Information Concerning Financial Condition of Company. The Subordinated Lender warrants and agrees that it is the responsibility of the Subordinated Lender to keep informed of the financial condition of the Company, any and all endorsers and any and all guarantors of the Subordinated Debt and of all other circumstances bearing upon the risk of nonpayment of the Senior Debt and/or the Subordinated Debt that diligent inquiry would reveal. The Subordinated Lender hereby agrees that the Senior Lender shall have no duty to advise the Subordinated Lender of information known to the Senior Lender regarding such condition or any such circumstances. In the event the Senior Lender, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the Subordinated Lender, the Senior Lender shall be under no obligation to (i) to provide any such information to the undersigned 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 usual practices, the Senior Lender wishes to maintain confidential. The undersigned hereby agrees that all payments received by the Senior Lender may be applied, reversed, and reapplied, in whole or in part, to any of the Senior Debt, as the Senior Lender, in its sole discretion, deems appropriate and assents to any extension or postponement of the time of payment of the Senior Debt or to any other indulgence with respect thereto, to any substitution, exchange or release of collateral which may at any time secure the Senior Debt and to the addition or release of any Person primarily or secondarily liable therefor.

Information Concerning Financial Condition of Company. The Subordinated Lender warrants and agrees that it is the responsibility of the Subordinated Lender to keep informed of the financial condition of the Company, any and all endorsers and any and all guarantors of the Subordinated Debt and of all other circumstances bearing upon the risk of nonpayment of the Senior Debt and/or the Subordinated Debt that diligent inquiry would reveal. The Subordinated Lender hereby agrees that the Senior Lender shall have no duty to advise the Subordinated Lender of information known know to the Senior Lender regarding such condition or any such circumstances. In the event the Senior Lender, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the Subordinated Lender, the Senior Lender shall be under no obligation to (i) to provide any such information to the undersigned on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose disclosure any information which, pursuant to its usual practices, the Senior Lender wishes to maintain confidential. The undersigned hereby agrees that all payments received by the Senior Lender may be applied, reversed, and reapplied, in whole or in part, to any of the Senior Debt, as the Senior Lender, in its sole discretion, deems appropriate and assents to any extension or postponement of the time of payment of the Senior Debt or to any other indulgence with respect thereto, to any substitution, exchange or release of collateral which may at any time secure the Senior Debt and to the addition or release of any Person primarily or secondarily liable therefor.

Information Concerning Financial Condition of Company. The Subordinated Lender Lenders warrants and agrees that it is the responsibility of the Subordinated Lender Lenders to keep informed of the financial condition of the Company, any and all endorsers and any and all guarantors of the Subordinated Debt and of all other circumstances bearing upon the risk of nonpayment of the Senior Debt and/or the Subordinated Debt that diligent inquiry would reveal. The Subordinated Lender Lenders hereby agrees that the Senior Lender shall have no duty to advise the Subordinated Lender Lenders of information known to the Senior Lender regarding such condition or any such circumstances, it being acknowledged and agreed, however, by the Company that the Company, concurrent with delivery of same to Senior Lender, shall deliver or cause to be delivered to the Subordinated Lenders a copy of all financial and operating information sent by the Company to the Senior Lender and the Company shall deliver to Subordinated Lenders a copy of all notices sent to or received from the Senior Lender. In the event the Senior Lender, in its sole discretion, undertakes, undertakes at any time or from time to time, to provide any such information to the Subordinated LenderLenders, the Senior Lender shall be under no obligation to (i) to provide any such information to the undersigned 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 usual practices, the Senior Lender wishes to maintain confidential. The undersigned hereby agrees that all payments received by the Senior Lender may be applied, reversed, and reapplied, in whole or in part, to any of the Senior Debt, as the Senior Lender, in its sole discretion, deems appropriate and assents to any extension or postponement of the time of payment of the Senior Debt or to any other indulgence with respect thereto, to any substitution, exchange or release of collateral which may at any time secure the Senior Debt and to the addition or release of any Person primarily or secondarily liable therefor.