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

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders 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 Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 First Lien 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 Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 6 contracts

Samples: Credit Agreement (KAR Auction Services, Inc.), Intercreditor Agreement (KAR Auction Services, Inc.), Intercreditor Agreement (Modtech Holdings Inc)

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Information Concerning Financial Condition of the Company and its Subsidiaries. The First Senior Lien Representatives, the Senior Lien Collateral Agent Agents and the First Senior Lien Claimholders, on the one hand, and the Second holders of the Junior Lien Claimholders and the Second Lien Collateral AgentObligations, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all any endorsers and/or or guarantors of the First Senior Lien Obligations or the Second Junior Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Senior Lien Obligations or the Second Junior Lien Obligations. The First Senior Lien Representatives, the Senior Lien Collateral Agent Agents and the First other Senior Lien Claimholders Claimholders, on the one hand, and the Junior Lien Representatives, the Junior Lien Collateral Agents and any other Junior Lien Claimholder, on the other hand, shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 First Lien ClaimholdersClaimholder, 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 Second Lien other Claimholder, it or they shall be under no obligation:

Appears in 3 contracts

Samples: Subordination and Intercreditor Agreement (Centrus Energy Corp), Pledge and Security Agreement (Centrus Energy Corp), Security Agreement (United States Enrichment Corp)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (ax) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (by) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 First Lien 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 Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 2 contracts

Samples: Intercreditor Agreement (Bz Intermediate Holdings LLC), Credit and Guaranty Agreement (Bz Intermediate Holdings LLC)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the each Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Grantors and its their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the other First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent Agents or any other Second Lien 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 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 Collateral Agent Agents or any other Second Lien Claimholder, it or they shall be under no obligation:

Appears in 2 contracts

Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Intercreditor Agreement (Karyopharm Therapeutics Inc.)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Notes Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company Grantors and its their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the other First Lien Claimholders shall have no duty to advise the Second Lien Notes Agent or any other Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. The Second Lien Notes Agent and the other Second Lien Claimholders shall have no duty to advise the First Lien Collateral Agent or any Second other First Lien 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 First Lien 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 Collateral Agent or any Second Lien other Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (CIMPRESS PLC)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral AgentTrustee, on the other hand, shall each not be responsible to each other for keeping themselves informed (to the extent, if any, required to do so by the First Lien Loan Documents or the Second Lien Documents, respectively), of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent Trustee or any Second Lien 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 First Lien 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 Collateral Agent Trustee or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Protection One Alarm Monitoring Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders (other than the Collateral Trustee and the Second Lien Collateral AgentNotes Trustee), on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Neither the First Lien Collateral Agent and the First Lien Claimholders Claimholders, on the one hand, nor the Collateral Trustee and the Second Lien Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral Agent or any of the First Lien Claimholders, in its on the one hand, or their sole discretionthe Collateral Trustee or any of the Second Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Viasystems Group Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders 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 Company and its Subsidiaries the Guarantors and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 First Lien 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 Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Day International Group Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Neither the First Lien Collateral Agent and the First Lien Claimholders Claimholders, on the one hand, nor the Collateral Trustee and the Second Lien Claimholders, on the other hand, shall have no any duty to advise the Second Lien Collateral Agent or any Second Lien Claimholder other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral Agent or any of the First Lien Claimholders, in its on the one hand, or their sole discretionthe Collateral Trustee or any of the Second Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Viasystems Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Administrative Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral Administrative Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Administrative Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Administrative Agent or any Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Administrative Agent or any of the First Lien 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 Collateral Administrative Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Erickson Air-Crane Inc)

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Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders 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 Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 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 Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (RadNet, Inc.)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders and the Second Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of Parent, the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 First Lien 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 Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Primus Telecommunications Group Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders 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 Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other EXHIBIT L TO SECOND LIEN CREDIT AND GUARANTY AGREEMENT circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Lien Collateral Agent or any Second Lien 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 First Lien 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 Collateral Agent or any Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Security Agreement (X Rite Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Parity Lien Claimholders Collateral Agent and the Second Parity Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Parity Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Parity Lien Obligations. The First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise the Second Parity Lien Collateral Agent or any Second Parity Lien 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 First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Parity Lien Collateral Agent or any Second Parity Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Danielson Holding Corp)

Information Concerning Financial Condition of the Company and its Subsidiaries. The First Lien Collateral Agent and the First Lien Claimholders, on the one hand, and the Second Lien Claimholders Collateral Agent and the Second Lien Collateral AgentClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Neither the First Lien Collateral Agent and the First Lien Claimholders shall have no duty to advise Claimholders, on the one hand, nor the Second Lien Collateral Agent or any and the Second Lien Claimholder Claimholders, on the other hand, shall have any duty to advise the other of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the First Lien Collateral Agent or any of the First Lien Claimholders, in its on the one hand, or their sole discretionthe Second Lien Collateral Agent or any of the Second Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the Second Lien Collateral Agent or any Second Lien Claimholderothers, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Stanadyne Holdings, Inc.)

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