Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any First Lien Agent nor any Senior Lender shall have any obligation to any Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed of, and the Second Priority Agents and the Second Priority Secured Parties shall not be entitled to rely on the First Lien Agents or the Senior Lenders with respect to, (a) the financial condition of the Borrowers and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. The First Lien Agents, the Senior Lenders, each Second Priority 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 First Lien Agent, any Senior Lender, any Second Priority 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 make, and the First Lien Agents, the Senior Lenders, the Second Priority Agents and the Second Priority 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 required to maintain confidential.
Appears in 2 contracts
Samples: Fifth Amendment Agreement (Eldorado Gold Corp /Fi), Credit Agreement (Eldorado Gold Corp /Fi)
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any the First Lien Priority Agent nor any Senior First Priority Lender shall have any obligation to any the Second Priority Agent or any Second Priority Secured Party Lender to keep the Second Priority Agent or any Second Priority Secured Party Lender informed of, and the Second Priority Agents Agent and the Second Priority Secured Parties Lenders shall not be entitled to rely on the First Lien Agents Priority Agent or the Senior First Priority Lenders with respect to, (a) the financial condition of the Borrowers and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the Second First Priority Claims or the Senior Lender Second Priority Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second First Priority Claims or the Senior Lender Second Priority Claims. The First Lien AgentsABL Agent, the Senior ABL Lenders, each Second Priority the Term Loan/Cash Flow Revolver Agent and the Second Priority Secured Parties Term Loan/Cash Flow Revolver Lenders 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 First Lien the ABL Agent, any Senior ABL Lender, any Second Priority the Term Loan/Cash Flow Revolver Agent or any Second Priority Secured PartyTerm Loan/Cash Flow Revolver Lender, 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 First Lien AgentsABL Agent, the Senior ABL Lenders, the Second Priority Agents Term Loan/Cash Flow Revolver Agent and the Second Priority Secured Parties Term Loan/Cash Flow Revolver Lenders 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 required to maintain confidential. Nothing in this section shall amend, modify or otherwise affect the confidentiality obligations of the ABL Agent and the ABL Lenders under the ABL Credit Agreement and of the Term Loan/Cash Flow Revolver Agent and the Term Loan/Cash Flow Revolver Lenders under the Term Loan/Cash Flow Revolver Agreement.
Appears in 2 contracts
Samples: Abl Credit Agreement (Quorum Health Corp), Credit Agreement (Quorum Health Corp)
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any First Lien No ABL Agent nor any Senior Lender ABL Secured Party shall have any obligation to any Second Priority the Term Loan Agent or any Second Priority Term Loan Secured Party to keep the Second Priority Term Loan Agent or any Second Priority Term Loan Secured Party informed of, and the Second Priority Agents Term Loan Agent and the Second Priority Term Loan Secured Parties shall not be entitled to rely on on, the First Lien Agents ABL Agent or the Senior Lenders with respect to, (a) the financial condition of the Borrowers and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority ABL Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries Grantors and all endorsers, pledgors endorsers and/or guarantors of the Second Priority Claims ABL Obligations or the Senior Lender Claims Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims ABL Obligations or the Senior Lender ClaimsTerm Loan Obligations. The First Lien AgentsNo Term Loan Agent or any Term Loan Secured Party shall have any obligation to the ABL Agent or any ABL Secured Party to keep the AMERICAS 99686098 ABL Agent or any ABL Secured Party informed of, and the Senior Lenders, each Second Priority ABL Agent and the Second Priority ABL Secured Parties shall not be entitled to rely on, the Term Loan Agent or the Term Loan Secured Parties with respect to, (a) the financial condition of the Borrower, the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan Obligations. The ABL Agent, the ABL Secured Parties, the Term Loan Agent and the Term Loan 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 First Lien the ABL Agent, any Senior LenderABL Secured Party, any Second Priority the Term Loan Agent or any Second Priority Term Loan 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 partyparty (and Holdings and the Borrower acknowledge that any such party may do so), it or they shall be under no obligation (w) to make, and the First Lien AgentsABL Agent, the Senior LendersABL Secured Parties, the Second Priority Agents Term Loan Agent and the Second Priority Term Loan 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 required to maintain confidential. The Grantors agree that any information provided to the ABL Agent, the Term Loan Agent, any other ABL Secured Party or any other Term Loan Secured Party may be shared by such person with any of the other Secured Parties notwithstanding a request or demand by such Grantor that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and each of the Term Loan Credit Agreements, as applicable.
Appears in 1 contract
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any First Lien Agent nor any The Senior Lender shall have any obligation to any Second Priority Agent or any Second Representatives, the other Senior Priority Secured Party to keep Parties, the Second Junior Priority Agent or any Second Priority Secured Party informed of, Representatives and the Second Priority Agents and the Second other Junior Priority Secured Parties shall not each be entitled to rely on the First Lien Agents or the Senior Lenders with respect to, responsible for keeping themselves informed of (a) the financial condition of the Borrowers Borrower and the Subsidiaries and all endorsers, pledgors and/or endorsers or guarantors of the Second Priority Claims First Lien Obligations or the Senior Lender Claims Junior Priority Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims First Lien Obligations or the Junior Priority Obligations; provided that nothing in this Section 8.04 shall impose a duty or obligation on the Senior Lender Claims. Neither any Second Priority Notes Collateral Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender itself informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) of the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or any Guarantor beyond that which may be required by the Senior Lender ClaimsNotes Indenture. The First Lien AgentsSenior Priority Representatives, the other Senior LendersPriority Secured Parties, each Second the Junior Priority Agent Representatives and the Second other Junior 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 First Lien AgentSenior Priority Representative, any other Senior LenderPriority Secured Party, any Second Junior Priority Agent Representative or any Second Junior 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 to (wi) to make, and the First Lien AgentsSenior Priority Representatives, the other Senior LendersPriority Secured Parties, the Second Junior Priority Agents Representatives and the Second other Junior Priority 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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.
Appears in 1 contract
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any First Lien No ABL Agent nor any Senior Lender ABL Secured Party shall have any obligation to the Term Loan Agent, any Second Priority Term Loan Secured Party, the Notes Agent or any Second Priority Notes Secured Party to keep the Second Priority Agent or any Second Priority Secured Party them informed of, and the Second Priority Agents Term Loan Agent, the Term Loan Secured Parties, the Notes Agent and the Second Priority Notes Secured Parties shall not be entitled to rely on on, the First Lien Agents ABL Agent or the Senior Lenders with respect to, (a) the financial condition of the Borrowers and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority ABL Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries Grantors and all endorsers, pledgors endorsers and/or guarantors of the Second Priority Claims ABL Obligations or the Senior Lender Claims Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims ABL Obligations or the Senior Lender ClaimsTerm Loan Obligations. The First Lien AgentsNo Term Loan Agent or any Term Loan Secured Party shall have any obligation to the ABL Agent, any ABL Secured Party, the Senior LendersNotes Agent or any Notes Secured Party to keep any of them informed of, each Second Priority and the ABL Agent, the ABL Secured Parties, the Notes Agent and the Second Priority Notes Secured Parties shall not be entitled to rely on, the Term Loan Agent or the Term Loan Secured Parties with respect to, (a) the financial condition of the Borrower, the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan Obligations. The ABL Agent, the ABL Secured Parties, the Term Loan Agent, the Term Loan Secured Parties, the Notes Agent and the 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 any First Lien the ABL Agent, any Senior LenderABL Secured Party, the Term Loan Agent, any Second Priority Term Loan Secured Party, the Notes Agent or any Second Priority Notes Secured Party, Party in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other partyparty (and Parent, Holdings and the Borrower acknowledge that any such party may do so), it or they shall be under no obligation (w) to make, and the First Lien AgentsABL Agent, the Senior LendersABL Secured Parties, the Second Priority Agents Term Loan Agent, the Term Loan Secured Parties, the Notes Agent and the Second Priority 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 required to maintain confidential. The Grantors agree that any information provided to the ABL Agent, the Term Loan Agent, any other ABL Secured Party, any other Term Loan Secured Party, the Notes Agent or any Notes Secured Party may be shared by such person with any of the other Secured Parties notwithstanding a request or demand by such Grantor that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement, the Term Loan Credit Agreements, and the Notes Purchase Agreement as applicable.
Appears in 1 contract
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any First Lien Agent nor any The Senior Lender shall have any obligation to any Second Priority Agent or any Second Priority Representatives, the Senior Secured Party to keep Parties, the Second Priority Agent or any Second Priority Secured Party informed of, Representatives and the Second Priority Agents and the Second Priority Secured Debt Parties shall not each be entitled to rely on the First Lien Agents or the Senior Lenders with respect to, responsible for keeping themselves informed of (a) the financial condition of the Borrowers Borrower and the Subsidiaries and all endorsers, pledgors and/or endorsers or guarantors of the Senior Obligations or the Second Priority Claims or the Senior Lender Claims Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents Obligations or the Second Priority Debt Obligations; provided, however, that nothing in this Section 8.04 shall impose an obligation on (i) the Senior Representatives and the Senior Secured Parties with respect to, to keep themselves informed beyond that which may be required by the applicable Senior Debt Documents or (aii) the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. The First Lien Agents, the Senior Lenders, each Second Priority Agent Representatives and the Second Priority Debt Parties to keep themselves informed beyond that which may be required by the applicable Second Priority Debt Documents. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 First Lien AgentSenior Representative, any Senior LenderSecured Party, any Second Priority Agent Representative or any Second Priority Secured Debt 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 to (wi) to make, and the First Lien AgentsSenior Representatives, the Senior LendersSecured Parties, the Second Priority Agents Representatives and the Second Priority Secured Debt 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, (xii) to provide any additional information or to provide any such information on any subsequent occasion, (yiii) to undertake any investigation or (ziv) 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.
Appears in 1 contract
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any The First Lien Agent nor any Senior Lender shall have any obligation to any Second Priority Agent or any Second Priority Collateral Agent, the First Lien Secured Party to keep Parties, the Second Priority Lien Collateral Agent or any Second Priority Secured Party informed of, and the Second Priority Agents and the Second Priority Lien Secured Parties shall not each be entitled to rely on the First Lien Agents or the Senior Lenders with respect to, responsible for keeping themselves informed of (a) the financial condition of the Borrowers Borrower and the Subsidiaries Grantors and all endorsers, pledgors endorsers and/or guarantors of the Second Priority Claims First Lien Obligations or the Senior Lender Claims Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents Obligations or the Second Priority Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender ClaimsLien Obligations. The First Lien AgentsCollateral Agent, the Senior LendersFirst Lien Secured Parties, each the Second Priority Lien Collateral Agent and the Second Priority Lien 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 First Lien Collateral Agent, any First Lien AgentSecured Party, any Senior Lender, any the Second Priority Lien Collateral Agent or any Second Priority Lien 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 First Lien AgentsCollateral Agent, the Senior LendersFirst Lien Secured Parties, the Second Priority Agents Lien Collateral Agent and the Second Priority Lien 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 required to maintain confidential.
Appears in 1 contract
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any the First Lien Priority Agent nor any Senior First Priority Lender shall have any obligation to any the Second Priority Agent or any Second Priority Secured Party Lender to keep the Second Priority Agent or any Second Priority Secured Party Lender informed of, and the Second Priority Agents Agent and the Second Priority Secured Parties Lenders shall not be entitled to rely on the First Lien Agents Priority Agent or the Senior First Priority Lenders with respect to, (a) the financial condition of the Borrowers and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the Second First Priority Claims or the Senior Lender Second Priority Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second First Priority Claims or the Senior Lender Second Priority Claims. The First Lien AgentsABL Agent, the Senior ABL Lenders, each Second Priority Agent the Term Loan Agents and the Second Priority Secured Parties Term Loan Lenders 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 First Lien the ABL Agent, any Senior ABL Lender, any Second Priority Term Loan Agent or any Second Priority Secured PartyTerm Loan Lender, 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 First Lien AgentsABL Agent, the Senior ABL Lenders, the Second Priority Term Loan Agents and the Second Priority Secured Parties Term Loan Lenders 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 required to maintain confidential. Nothing in this section shall amend, modify or otherwise affect the confidentiality obligations of the ABL Agent and the ABL Lenders under the ABL Credit Agreement and of the Term Loan Agents and the Term Loan Lenders under the Term Loan Agreement or any Term Additional Agreement.
Appears in 1 contract
Information Concerning Financial Condition of the Borrower and the Subsidiaries. Neither any First Lien Agent nor any Senior Lender shall have any obligation to any Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Agent or any Second Priority Secured Party informed of, and the Second Priority Agents and the Second Priority Secured Parties shall not be entitled to rely on the First Lien Agents or the Senior Lenders with respect to, (a) the financial condition of the Borrowers Borrower and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. Neither any Second Priority Agent nor any Second Priority Secured Party shall have any obligation to any First Lien Agent or any Senior Lender to keep the First Lien Agent or any Senior Lender informed of, and the First Lien Agents and the Senior Lenders shall not be entitled to rely on the Second Priority Agents or the Second Priority Secured Parties with respect to, (a) the financial condition of the Borrower and the Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Priority Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Second Priority Claims or the Senior Lender Claims. The First Lien Agents, the Senior Lenders, each Second Priority 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 First Lien Agent, any Senior Lender, any Second Priority 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 make, and the First Lien Agents, the Senior Lenders, the Second Priority Agents and the Second Priority 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 required to maintain confidential.
Appears in 1 contract
Samples: Intercreditor Agreement (Matthews International Corp)