Information Concerning Financial Condition of the Borrower. The Subordinated Administrative Agent and the Senior Administrative Agent each hereby assume responsibility for keeping itself informed of the financial condition of the Borrower and each of the Guarantors and all other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or the Subordinated Obligations. The Subordinated Administrative Agent and the Senior Administrative Agent 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 the Subordinated Administrative Agent or the Senior Administrative Agent, 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 (1) to provide any such information to such other party or any other party on any subsequent occasion, (2) to undertake any investigation not a part of its regular business routine, or (3) to disclose any other information.
Information Concerning Financial Condition of the Borrower. Each of the Subordinated Creditors assume responsibility for keeping itself informed of the financial condition of the Borrower and of all other circumstances bearing upon the risk of nonpayment of the Subordinated Debt or any part of the Subordinated Debt. Each of the Subordinated Creditors agree that no Senior Creditor has any duty to advise it of information known to such Senior Creditor regarding such condition or any such circumstance. In the event that a Senior Creditor in its sole discretion undertakes at any time or from time to time to provide any such information to the Subordinated Creditors, such Senior Creditor is under no obligation (a) to undertake any investigation, (b) to disclose any information which it wishes to maintain confidential, or (c) to make any other or future disclosures of such information or any other information to either of the Subordinated Creditors. 20.
Information Concerning Financial Condition of the Borrower. Each Secured Party shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and (b) all other circumstances bearing upon the risk of nonpayment of the Secured Obligations. No Agent or Secured Party shall have any duty to advise any other Agent or Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any Agent or Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other Agent or Secured Party, it or they shall be under no obligation:
(a) to make, and the Agents and the Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.
Information Concerning Financial Condition of the Borrower. The Senior Lenders, on the one hand, and the Subordinated Lenders, on the other hand, shall each 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 Senior Obligations or the Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Subordinated Obligations. The Senior Lenders shall have no duty to advise any Subordinated Lender of information known to it or them regarding such condition or any such circumstances or otherwise.
Information Concerning Financial Condition of the Borrower. The Junior Party 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 Lender Debt that diligent inquiry would reveal, and the Junior Party hereby agrees that the Lender shall have no duty to advise the Junior Party of information known to the Lender regarding such condition or any such circumstances except as set forth below.
Information Concerning Financial Condition of the Borrower. (a) The Loan B Agent and the Lenders shall each be responsible for keeping themselves informed of (i) the financial condition of the Borrower and (ii) all other circumstances bearing upon the risk of nonpayment of the Loan A Obligations or the Loan B Obligations. The Loan B Agent and the Lenders shall not have any duty under this Agreement to advise each other of information respectively known to them regarding such condition or any such circumstances or otherwise. In the event the Loan B Agent or a Lender, in their respective sole discretion, undertakes at any time or from time to time to provide any such information to the Loan B Agent or any other Lender, it shall be under no obligation (w) to make any express or implied representation or warranty with respect to such information, including, without limitation, with respect to the accuracy, completeness, truthfulness, or validity of any such information, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation, or (z) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such Person wishes to maintain confidential or is otherwise required to maintain confidential.
(b) The Borrower, by its acknowledgment hereto, hereby consents and agrees to the Loan B Agent and the Lenders providing information to each other as contemplated by Section 6.10(a), waives any rights or claims against the Loan B Agent and the Lenders arising as a result of such provision of information, and agrees that any information provided to the Loan B Agent or a Lender may be shared by the Loan B Agent or such Lender with the Loan B Agent and the other Lenders notwithstanding a request or demand by the Borrower that such information be kept confidential; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Credit Documents.
(c) The Borrower, by its acknowledgment hereto, hereby authorizes Xxxxxxx Mac, in its capacity as the Owner, to share any and all information it may receive from the servicing performance, counterparty eligibility, risk management, counterparty operational risk evaluation, quality control, quality assessment, and similar divisions and/or departments within Xxxxxxx Mac, with the Loan B Agent and the Lenders. Xxxxxxx Mac’s information sharing authorized pursuant to the preceding sentence shall not in any manner obligate Xxxxxxx Mac, in...
Information Concerning Financial Condition of the Borrower the ABL Borrowers and the Subsidiaries. No ABL Agent nor any ABL Secured Party shall have any obligation to any Term Loan/Notes Agent or any Term Loan/Notes Secured Party to keep any Term Loan/Notes Agent or any Term Loan/Notes Secured Party informed of, and each Term Loan/Notes Agent and the Term Loan/Notes Secured Parties shall not be entitled to rely on, the ABL Agent or the ABL Secured Parties with respect to, (a) the financial condition of the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan/Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan/Notes Obligations. No Term Loan/Notes Agent or any Term Loan/Notes Secured Party shall have any obligation to the ABL Agent or any ABL Secured Party to keep the ABL Agent or any ABL Secured Party informed of, and the ABL Agent and the ABL Secured Parties shall not be entitled to rely on, any Term Loan/Notes Agent or the Term Loan/Notes Secured Parties with respect to, (a) the financial condition of the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan/Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan/Notes Obligations. The ABL Agent, the ABL Secured Parties, the Term Loan/Notes Agents and the Term Loan/Notes Secured Parties shall have no duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the ABL Agent, any ABL Secured Party, any Term Loan/Notes Agent or any Term Loan/Notes Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and the ABL Agent, the ABL Secured Parties, the Term Loan/Notes Agents and the Term Loan/Notes Secured Parties shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) to disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise req...
Information Concerning Financial Condition of the Borrower. The Creditor hereby assumes responsibility for keeping itself informed of the financial condition of the Borrower, any and all endorsers and any and all guarantors of the Obligations and Subordinated Claims and of all other circumstances bearing upon the risk of nonpayment of the Obligations and/or Subordinated Claims that diligent inquiry would reveal, and the Creditor hereby agrees that the Lender shall have no duty to advise the Creditor of information known to it regarding such condition or any such circumstances. In the event the Lender, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the Creditor, the Lender shall be under no obligation (i) to provide any such information to the Creditor on any subsequent occasion or (ii) to undertake any investigation and shall be under no obligation to disclose any information which the Lender wishes to maintain confidential. The Creditor hereby agrees that all payments received by the Lender may be applied, reversed, and reapplied, in whole or in part, to any of the Obligations, as the Lender, in its sole discretion, deems appropriate and assents to any extension or postponement of the time of payment of the Obligations or to any other indulgence with respect thereto, to any substitution, exchange or release of collateral which may at any time secure the Obligations and to the addition or release of any other party or person primarily or secondarily liable therefor.
Information Concerning Financial Condition of the Borrower. The Subordinated Creditor hereby assumes responsibility for keeping itself informed of the financial condition of the Borrower, any and all endorsers and any and all guarantors of the Senior Debt and of all other circumstances bearing upon the risk of nonpayment of the Senior Debt or the Subordinated Debt that diligent inquiry would reveal, and the Subordinated Creditor hereby agree that the Senior Creditor shall have no duty to advise the Subordinated Creditor of information known to the Senior Creditor regarding such condition.
Information Concerning Financial Condition of the Borrower. The Executive hereby assumes responsibility for keeping himself informed of the financial condition of the Borrower, any and all endorsers and any and all guarantors of the Liabilities and of all other circumstances bearing upon the risk of nonpayment of the Liabilities and/or the Indebtedness that diligent inquiry would reveal, and the Executive hereby agrees that the Lender shall have no duty to advise the Executive of information known to the Lender regarding such condition or any such circumstances. In the event the Lender, in its sole discretion, undertake at any time or from time to time, to provide any such information to the Executive, the Lender shall be under no obligation to undertake any investigation not a part of its regular business routine and shall be under no obligation to disclose any information which, pursuant to accepted or reasonable commercial finance practice, the Lender wishes to maintain confidential. The Executive hereby assents to any extension or postponement of the time of payment of the Liabilities or to any other indulgence with respect thereto, to any substitution, exchange or release of collateral which may at any time secure the Liabilities and/or to the addition or release of any other party or person primarily or secondarily liable therefor.
