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 Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives and the Second Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives and the Second Priority 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 any Senior Priority Representative, any Senior Priority Secured Party, any Second Priority Representative or any Second Priority Secured Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives and the Second Priority Secured Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) disclose any information that, 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 Senior Priority Representatives, Agent and the other Senior Priority Secured Parties, on the Second Priority Representatives one hand, and the Second Junior Priority Agent and the other Junior Priority Secured Parties Parties, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the each Borrower and its Subsidiaries and all endorsers or and/or guarantors of the Senior Priority Obligations or the Second Junior Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Priority Obligations or the Second Junior Priority Debt Obligations. The Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives Agent and the Second other Senior Priority Secured Parties shall have no duty to advise the Junior Priority Agent or any other party hereunder Junior Priority Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any either the Senior Priority Representative, Agent or any of the other Senior Priority Secured PartyParties, any Second on the one hand, or the Junior Priority Representative Agent or any Second of the other Junior Priority Secured PartyParties, on the other hand, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other partyparty hereto, it or they shall be under no obligation to (i) to make, and the Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives and the Second Priority Secured Parties such informing party shall not make or be deemed to have mademake, 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 thatwhich, 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 Neither any First Lien Agent nor any Senior Creditor shall have any obligation to any Second Priority Representatives, the Senior Agent or any Second Priority Secured PartiesParty to keep any Second Priority Agent or any Second Priority Secured Party informed of, and the Second Priority Representatives Agents and the Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the Senior Creditors with respect to, (a) the financial condition of the Borrower and its Subsidiaries and all endorsers or endorsers, pledgors and/or guarantors of the Senior Obligations Second Priority Claims or the Second Priority Debt Obligations Senior Creditor Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Second Priority Claims or the Second Priority Debt ObligationsSenior Creditor Claims. The Senior Priority RepresentativesFirst Lien Agents, the Senior Priority Secured PartiesCreditors, the each Second Priority Representatives Agent and the Second Priority 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 any Senior Priority RepresentativeFirst Lien Agent, any Senior Priority Secured PartyCreditor, any Second Priority Representative Agent or any Second Priority 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 (i) make, and the Senior Priority RepresentativesFirst Lien Agents, the Senior Priority Secured PartiesCreditors, the Second Priority Representatives Agents and the Second Priority Secured Parties shall not make or be deemed to have mademake, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) to disclose any information that, 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 Senior Priority Representatives, Agent and the other Senior Priority Secured Parties, on the Second Priority Representatives one hand, and the Second Junior Priority Agent and the other Junior Priority Secured Parties Parties, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the each Borrower and its Subsidiaries and all endorsers or and/or guarantors of the Senior Priority Obligations or the Second Junior Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Priority Obligations or the Second Junior Priority Debt Obligations. The Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives Agent and the Second other Senior Priority Secured Parties shall have no duty to advise the Junior Priority Agent or any other party hereunder Junior Priority Secured Parties of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that any either the Senior Priority Representative, Agent or any of the other Senior Priority Secured PartyParties, any Second on the one hand, or the Junior Priority Representative Agent or any Second of the other Junior Priority Secured PartyParties, on the other hand, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other partyparty hereto, it or they shall be under no obligation to (i) to make, and the Senior Priority Representatives, the Senior Priority Secured Parties, the Second Priority Representatives and the Second Priority Secured Parties such informing party shall not make or be deemed to have mademake, 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 thatwhich, 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 Neither any First Lien Agent nor any Senior Lender shall have any obligation to any Second Priority Representatives, the Senior Agent or any Second Priority Secured PartiesParty to keep any Second Priority Agent or any Second Priority Secured Party informed of, and the Second Priority Representatives Agents and the Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the Senior Lenders with respect to, (a) the financial condition of the Borrower and its Subsidiaries and all endorsers or endorsers, pledgors and/or guarantors of the Senior Obligations Second Priority Claims or the Second Priority Debt Obligations Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Second Priority Claims or the Second Priority Debt ObligationsSenior Lender Claims. The Senior Priority RepresentativesFirst Lien Agents, the Senior Priority Secured PartiesLenders, the each Second Priority Representatives Agent and the Second Priority 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 any Senior Priority RepresentativeFirst Lien Agent, any Senior Priority Secured PartyLender, any Second Priority Representative Agent or any Second Priority 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 (i) make, and the Senior Priority RepresentativesFirst Lien Agents, the Senior Priority Secured PartiesLenders, the Second Priority Representatives Agents and the Second Priority Secured Parties shall not make or be deemed to have mademake, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) to disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.