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 Collateral Agent and the First-Lien Creditors, on the one hand, and the other Second-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 and all endorsers and/or guarantors of the First-Lien Obligations or the Second-Lien Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First-Lien Obligations or the Second-Lien Subordinated Obligations. The First-Lien Collateral Agent and the other First-Lien Creditors shall E-25 have no duty to advise the Second-Lien Collateral Agent or any other Second-Lien Creditor of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First-Lien Collateral Agent or any of the other First-Lien Creditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second-Lien Collateral Agent or any other Second-Lien Creditor, it or they shall be under no obligation (w) to make, and the First-Lien Collateral Agent and the other First-Lien Creditors 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 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-First Lien Collateral Agent and the First-First Lien CreditorsClaimholders, on the one hand, and the other Second-Second Lien CreditorsClaimholders and the Second Lien Collateral Agent, 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 First-First Lien Obligations or the Second-Second Lien Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First-First Lien Obligations or the Second-Second Lien Subordinated Obligations. The First-First Lien Collateral Agent and the other First-First Lien Creditors Claimholders shall E-25 have no duty to advise the Second-Second Lien Collateral Agent or any other Second-Second Lien Creditor Claimholder 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 of the other First-First Lien CreditorsClaimholders, 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 or any other Second-Second Lien CreditorClaimholder, it or they shall be under no obligation (w) to make, and the First-First Lien Collateral Agent and the other First-First Lien Creditors Claimholders 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 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-First Lien Collateral Agent and the First-other First Lien CreditorsSecured Parties, on the one hand, and the other Second-Second Lien CreditorsSecured Parties and the Second Lien Collateral 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 endorsers and/or guarantors of the First-First Lien Obligations or the Second-Second Lien Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First-First Lien Obligations or the Second-Second Lien Subordinated Obligations. The First-First Lien Collateral Agent and the other First-First Lien Creditors Secured Parties shall E-25 have no duty to advise the Second-Second Lien Collateral Agent or any other Second-Second Lien Creditor Secured Party 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 of the other First-First Lien CreditorsSecured Parties, 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 or any other Second-Second Lien CreditorSecured Party, it or they shall be under no obligation (w) to make, and the First-First Lien Collateral Agent and the other First-First Lien Creditors Secured Parties shall not makemake 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, (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 Collateral Agent and the First-Lien Creditors, on the one hand, and the other Second-Lien CreditorsClaimholders, 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 First-Lien Obligations or the Second-Lien Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First-Lien Obligations or the Second-Lien Subordinated Obligations. The First-Lien Collateral Agent and the other First-Lien Creditors shall E-25 have no duty to advise the Second-Lien Collateral Agent or any other Second-Lien Creditor Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First-Lien Collateral Agent or any of the other First-Lien Creditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second-Lien Collateral Agent or any other Second-Lien CreditorClaimholder, it or they shall be under no obligation (w) to make, and the First-Lien Collateral Agent and the other First-Lien Creditors 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 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 Collateral Agent and the First-Lien Creditors, on the one hand, and the other Second-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 and all endorsers and/or guarantors of the First-Lien Obligations or the Second-Lien Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First-Lien Obligations or the Second-Lien Subordinated Obligations. The First-Lien Collateral Agent and the other First-Lien Creditors shall E-25 have no duty to advise the Second-Lien Collateral Agent Trustee or any other Second-Lien Creditor of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First-Lien Collateral Agent or any of the other First-Lien Creditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second-Lien Collateral Agent Trustee or any other Second-Lien Creditor, it or they shall be under no obligation (w) to make, and the First-Lien Collateral Agent and the other First-Lien Creditors 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 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 Collateral Agent and the First-Lien Creditors, on the one hand, and the other Second-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 and all endorsers and/or guarantors of the First-Lien Obligations or the Second-Lien Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First-Lien Obligations or the Second-Lien Subordinated Obligations. The First-Lien Collateral Agent and the other First-Lien Creditors shall E-25 have no duty to advise the Second-Lien Collateral Agent or any other Second-Lien Creditor of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First-Lien Collateral Agent or any of the other First-Lien Creditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second-Lien Collateral Agent or any other Second-Lien Creditor, it or they shall be under no obligation (w) to make, and the First-Lien Collateral Agent and the other First-Lien Creditors 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 which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.