Common use of Information Concerning Financial Condition of the Borrower and its Subsidiaries Clause in Contracts

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent and the other First Lien Lenders, on the one hand, and the Second Lien Agent and the other Noteholders, 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 Obligors in respect of the First Lien Debt or the Noteholder Debt, as the case may be, and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt or the Noteholder Debt. The First Lien Agent and the other First Lien Lenders shall have no duty to advise the Second Lien Agent or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Agent or any other First Lien Lender or the Second Lien Agent or any other Noteholder, as applicable, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent or any other from time to time Noteholder or the First Lien Agent or any other First Lien Lender, as applicable, it or they shall not make any express or implied representation or warranty with respect to such information, including the accuracy, completeness, truthfulness or validity thereof, and shall be under no obligation (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 party wishes to maintain confidential.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First First-Lien Collateral Agent and the other First First-Lien LendersCreditors, on the one hand, and the Second Second-Lien Collateral Agent and the other NoteholdersSecond-Lien Creditors, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First First-Lien Debt Obligations or the Noteholder Debt, as the case may be, Second-Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First First-Lien Debt Obligations or the Noteholder DebtSecond-Lien Obligations. The First None of the First-Lien Agent and Collateral Agent, the other First First-Lien Lenders Creditors, the Second-Lien Collateral Agent or the other Second-Lien Creditors shall have no a duty to advise the Second Lien Agent or any other Noteholder of information known to it Creditor or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender party hereto of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First any such Creditor, First-Lien Collateral Agent or any other First Second-Lien Lender or the Second Lien Agent or any other Noteholder, as applicableCollateral Agent, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second any other Creditor, First-Lien Collateral Agent or any other from time to time Noteholder or the First Second-Lien Agent or any other First Lien Lender, as applicableCollateral Agent, it or they shall be under no obligation (w) to make, and such Creditor or Creditors, First-Lien Collateral Agent or Second-Lien Collateral Agent shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent and Security Agents, the other First Lien LendersSecured Parties, on the one hand, and the Second Lien Agent Security Agents (to the extent required under the Second Lien Documents) and the other Noteholders, on the other handSecond Lien Secured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of any of the First Lien Debt or Obligations and the Noteholder Debt, as the case may be, Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of any of the First Lien Debt or the Noteholder Debt. The First Lien Agent Obligations and the other First Second Lien Lenders Obligations. No Security Agent or its respective Secured Parties shall have no any duty to advise the Second Lien Agent other Security Agents or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender their respective Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any of the First Lien Agent Security Agents or any of the other First Lien Lender Secured Parties or the Second Lien Agent Security Agents or any of the other Noteholder, as applicableSecond Lien Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent or any other from time to time Noteholder or the First Lien Agent or any other First Lien Lender, as applicableparty hereto, it or they shall be under no obligation (w) to make, and such informing party shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Term Loan Collateral Agent, the Term Loan Secured Parties, the ABL Facility Collateral Agent and the other First Lien Lenders, on the one hand, and the Second Lien Agent and the other Noteholders, on the other handABL Facility Secured Parties, shall each be responsible for keeping themselves informed of (a) the financial condition of Holdings, the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First Lien Debt or Term Loan Obligations and the Noteholder Debt, as the case may be, ABL Facility Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt ABL Facility Obligations or the Noteholder DebtTerm Loan Obligations. The First Lien No Collateral Agent and the other First Lien Lenders or its respective Secured Parties shall have no any duty to advise the Second Lien Agent other Collateral Agents or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender their respective Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any of the First Lien Term Loan Collateral Agents or any of the Term Loan Secured Parties, or the ABL Facility Collateral Agent or any other First Lien Lender or of the Second Lien Agent or any other Noteholder, as applicableABL Facility Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent or any other from time to time Noteholder or the First Lien Agent or any other First Lien Lender, as applicableparty hereto, it or they shall be under no obligation (w) to make, and such informing party shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent Senior Indebtedness Representative and the other First Lien LendersSenior Revolving Claimholders, on the one hand, and the Second Lien Agent Term Claimholders and the other NoteholdersTerm Administrative Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First Lien Debt Senior Indebtedness or the Noteholder Debt, as the case may be, Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt Senior Indebtedness or the Noteholder DebtSecond Lien Obligations. The First Lien Agent Senior Indebtedness Representative and the other First Lien Lenders Senior Revolving Claimholders shall have no duty to advise the Second Lien Term Administrative Agent or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender Term Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Agent Senior Indebtedness Representative or any other First Lien Lender or of the Second Lien Agent or any other Noteholder, as applicableSenior Revolving Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Term Administrative Agent or any other from time to time Noteholder or the First Lien Agent or any other First Lien Lender, as applicableTerm Claimholder, it or they shall be under no obligation (w) to make, and the Senior Indebtedness Representative and the Senior Revolving Claimholders shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential. In addition, each of the Senior Indebtedness Representative and the Term Administrative Agent shall promptly provide the other with copies of any amendments or waivers to any of the Senior Revolving Credit Documents or Term Credit Documents, as applicable and, upon request, information regarding the amounts owing by the Borrower and the other Obligors thereunder, and the Borrower hereby consents to all such disclosures on behalf of itself and each other Obligor.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent Trustee and the other First Lien LendersClaimholders, on the one hand, and the Second Lien Agent Claimholders and the other NoteholdersSecond Lien Lender, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First Lien Debt Secured Obligations or the Noteholder Debt, as the case may be, Second Lien Secured Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt Secured Obligations or the Noteholder DebtSecond Lien Secured Obligations. The First Lien Agent Trustee and the other First Lien Lenders Claimholders shall have no duty to advise the Second Lien Agent Lender or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Agent Trustee or any other of the First Lien Lender or the Second Lien Agent or any other Noteholder, as applicableClaimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent Lender or any other from time to time Noteholder or the First Second Lien Agent or any other First Lien Lender, as applicableClaimholder, it or they shall be under no obligation (w) to make, and the First Lien Trustee and the First Lien Claimholders shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent and the other First Lien LendersClaimholders, on the one hand, and the Second Lien Agent Claimholders and the other NoteholdersSecond Lien Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers or guarantors of the First Lien Debt Obligations or the Noteholder Debt, as the case may be, Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt Obligations or the Noteholder DebtSecond Lien Obligations. The First Lien Agent and the other First Lien Lenders Claimholders shall have no duty to advise the Second Lien Agent or any other Noteholder Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise and the otherwise. Second Lien Agent and the other Noteholders Second Lien Claimholders shall have no duty to advise the First Lien Agent or any other First Lien Lender Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Agent or any other First Lien Lender or the Second Lien Agent or any other Noteholder, as applicableClaimholders, in its or their sole discretion, or Second Lien Agent or any Second Lien Claimholder, in its or their sole discretion, as the case may be, undertakes at any time or from time to time to provide any such information to the Second Lien Agent or any other from time Second Lien Claimholder, or to time Noteholder or the First Lien Agent or any other First Lien LenderClaimholder, as applicablethe case may be, it or they shall not make any express or implied representation or warranty with respect to such information, including the accuracy, completeness, truthfulness or validity thereof, and shall be under no obligation (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 party wishes to maintain confidential.obligation:

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent Representative and the other First Lien LendersClaimholders, on the one hand, and the Second Lien Agent Claimholders and the other NoteholdersSecond Lien Representative, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First Lien Debt Obligations or the Noteholder Debt, as the case may be, Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt Obligations or the Noteholder DebtSecond Lien Obligations. The First Lien Agent Representative and the other First Lien Lenders Claimholders shall have no duty to advise the Second Lien Agent Representative or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Agent Representative or any other of the First Lien Lender or the Second Lien Agent or any other Noteholder, as applicableClaimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent Representative or any other from time to time Noteholder or the First Second Lien Agent or any other First Lien Lender, as applicableClaimholder, it or they shall be under no obligation (w) to make, and the First Lien Representative and the First Lien Claimholders shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential. In addition, each of the First Lien Representative and the Second Lien Representative shall promptly provide the other with copies of any amendments or waivers to any of the First Lien Documents or Second Lien Documents, as applicable, and, upon request, information regarding the amounts owing by the Borrower and the other Obligors thereunder, and the Borrower hereby consents to all such disclosures on behalf of itself and each other Obligor.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First First-Lien Collateral Agent and the other First First-Lien LendersCreditors, on the one handSecond-Lien Collateral Agent and the Second-Lien Creditors, and the Second Third-Lien Collateral Agent and the other Noteholders, on the other handThird-Lien Creditors, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First First-Lien Debt Obligations, the Second-Lien Obligations or the Noteholder Debt, as the case may be, Third-Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First First-Lien Debt Obligations, the Second-Lien Obligations or the Noteholder DebtThird-Lien Obligations. The First Lien Agent and Except as otherwise set forth herein, none of the other First Lien Lenders Collateral Agents nor any Creditor shall have no any duty to advise any of the Second Lien Agent other Collateral Agents, or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender Creditor, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First First-Lien Collateral Agent or any other First of the First-Lien Lender or the Second Lien Agent or any other Noteholder, as applicableCreditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Second-Lien Collateral Agent, any Second-Lien Creditor, the Third-Lien Collateral Agent or any other from time to time Noteholder or the First Third-Lien Agent or any other First Lien Lender, as applicableCreditor, it or they shall be under no obligation (w) to make, and the First-Lien Collateral Agent and the First-Lien Creditors shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Borrower and its Subsidiaries. The First Lien Agent Senior Indebtedness Representative and the other First Lien LendersSenior Revolving Claimholders, on the one hand, and the Second Lien Agent Term Claimholders and the other NoteholdersTerm Administrative Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its subsidiaries Subsidiaries and all Obligors in respect endorsers and/or guarantors of the First Lien Debt Senior Indebtedness or the Noteholder Debt, as the case may be, Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Debt Senior Indebtedness or the Noteholder DebtSubordinated Obligations. The First Lien Agent Senior Indebtedness Representative and the other First Lien Lenders Senior Revolving Claimholders shall have no duty to advise the Second Lien Term Administrative Agent or any other Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise and the Second Lien Agent and the other Noteholders shall have no duty to advise the First Lien Agent or any other First Lien Lender Term Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Agent Senior Indebtedness Representative or any other First Lien Lender or of the Second Lien Agent or any other Noteholder, as applicableSenior Revolving Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Term Administrative Agent or any other from time to time Noteholder or the First Lien Agent or any other First Lien Lender, as applicableTerm Claimholder, it or they shall be under no obligation (w) to make, and the Senior Indebtedness Representative and the Senior Revolving Claimholders shall not make make, any express or implied representation or warranty warranty, including with respect to such information, including the accuracy, completeness, truthfulness or validity thereofof any such information so provided, and shall be under no obligation (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 party wishes to maintain confidential or is otherwise required to maintain confidential. In addition, each of the Senior Indebtedness Representative and the Term Administrative Agent shall promptly provide the other with copies of any amendments or waivers to any of the Senior Revolving Credit Documents or Term Credit Documents, as applicable and, upon request, information regarding the amounts owing by the Borrower and the other Obligors thereunder, and the Borrower hereby consents to all such disclosures on behalf of itself and each other Obligor.