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 ABL Agent and the ABL Claimholders, on the one hand, and the Notes Agent and the Note Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Company Subsidiaries and all endorsers and/or guarantors and other Grantors of the ABL Obligations or the Note Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Note Obligations. Neither the ABL Claimholders, on the one hand, nor the Note 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 ABL Agent or any of the other ABL Claimholders, on the one hand, or the Notes Agent or any of the other Note Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the others, it or they shall be under no obligation, (i) to make, and 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, (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, 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 Company and its Subsidiaries. The ABL Agent and the ABL Claimholders, on the one hand, and the Notes Agent Collateral Trustee, the Priority Lien Representatives and the Note Priority Lien Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Company its Subsidiaries and all endorsers and/or guarantors and other Grantors of the ABL Obligations or the Note Priority Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Note Priority Lien Obligations. Neither the ABL Agent and the ABL Claimholders, on the one hand, nor the Note Collateral Trustee, the Priority Lien Representatives and the Priority Lien 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 ABL Agent or any of the other ABL Claimholders, on the one hand, or the Notes Agent or any of Collateral Trustee, the other Note Priority Lien Representatives and the Priority Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the others, it or they shall be under no obligation, (i) to make, and 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, (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, 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 Company and its Subsidiaries. The ABL Agent and the ABL ClaimholdersSecured Parties, on the one hand, and the Notes Collateral Agent and the Note Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Company its Subsidiaries and all endorsers and/or guarantors and other Grantors of the ABL Obligations or the Note Noteholder Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Note Noteholder Obligations. Neither the ABL ClaimholdersAgent and the ABL Secured Parties, on the one hand, nor the Collateral Agent and the Note 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 ABL Agent or any of the other ABL ClaimholdersSecured Parties, on the one hand, or the Notes Collateral Agent or any of and the other Note Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the othersothers (and the Company and each Grantor hereby consents to any such provision of information), it or they shall be under no obligation, (i) to make, and 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, (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, 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 Company and its Subsidiaries. The ABL Collateral Agent and the ABL ClaimholdersSecured Parties, on the one hand, and the Notes Term Loan Collateral Agent and the Note ClaimholdersTerm Loan Secured Parties, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Company its Subsidiaries and all endorsers and/or guarantors and other Grantors of the ABL Obligations or the Note Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Note Term Loan Obligations. Neither the ABL ClaimholdersCollateral Agent and the ABL Secured Parties, on the one hand, nor the Note ClaimholdersTerm Loan Collateral Agent and the Term Loan Secured Parties, 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 ABL Collateral Agent or any of the other ABL ClaimholdersSecured Parties, on the one hand, or the Notes Term Loan Collateral Agent or any of and the other Note ClaimholdersTerm Loan Secured Parties, on the other hand, undertakes at any time or from time to time to provide any such information to any of the othersothers (and the Company and each Obligor hereby consents to any such provision of information), it or they shall be under no obligation, (i) to make, and 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, (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, 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 Company and its Subsidiaries. The ABL Agent and the ABL Claimholders, on the one hand, and the Notes Agent Collateral Trustee, the Secured Debt Representatives and the Note Secured Debt Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Company its Subsidiaries and all endorsers and/or guarantors and other Grantors of the ABL Obligations or the Note Secured Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Note Secured Obligations. Neither the ABL Agent and the ABL Claimholders, on the one hand, nor the Note Collateral Trustee, the Secured Debt Representatives and the Secured Debt 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 ABL Agent or any of the other ABL Claimholders, on the one hand, or the Notes Agent or any of Collateral Trustee, the other Note Secured Debt Representatives and the Secured Debt Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the others, it or they shall be under no obligation, (i) to make, and 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, (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, 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 Company and its Subsidiaries. The ABL Agent and the ABL Claimholders, on the one hand, and the Notes Agent Priority Lien Debt Collateral Agents and the Note Priority Lien Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Company its Subsidiaries and all endorsers and/or guarantors and other Grantors of the ABL Obligations or the Note Priority Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Note Priority Lien Obligations. Neither the ABL Agent and the ABL Claimholders, on the one hand, nor the Note Priority Lien Debt Collateral Agents and the Priority Lien 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 ABL Agent or any of the other ABL Claimholders, on the one hand, or the Notes Agent or any of Priority Lien Debt Collateral Agents and the other Note Priority Lien Claimholders, on the other hand, undertakes at any time or from time to time to provide any such information to any of the others, it or they shall be under no obligation, (i) to make, and 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, (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, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.: