Common use of Information Concerning Financial Condition of the Company and the other Grantors Clause in Contracts

Information Concerning Financial Condition of the Company and the other Grantors. (a) The Credit Facility Agent and the Credit Facility Claim Holders, on the one hand, and the Indenture Agent and the Indenture Holders, on the other hand, shall not be responsible for keeping any other Person informed of (i) the financial condition of the Company and the other Grantors and all endorsers and/or guarantors of the Indenture Obligations or the Credit Facility Claims and (ii) all other circumstances bearing upon the risk of nonpayment of the Indenture Obligations or the Credit Facility Claims. (b) Subject to Section 5.6(b), the Credit Facility Agent and the Credit Facility Claim Holders shall have no duty to advise the Indenture Agent or any Indenture Holder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Credit Facility Agent or any of the Credit Facility Claim Holders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Indenture Agent or any Indenture Holder, it or they shall be under no obligation: (i) to make, and the Credit Facility Agent and the Credit Facility Claim Holders 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. (c) Subject to Section 5.6(a), the Indenture Agent and the Indenture Holders shall have no duty to advise any Credit Facility Agent or any Credit Facility Claim Holder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Indenture Agent or any of the Indenture Holders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Credit Facility Agent or any Credit Facility Claim Holder, it or they shall be under no obligation: (i) to make, and the Indenture Agent and the Indenture Holders 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 the other Grantors. (a) The Credit Facility First Priority Agent and the Credit Facility Claim HoldersFirst Priority Lenders, on the one hand, and the Indenture Second Priority Agent and the Indenture HoldersSecond Priority Lenders, on the other hand, shall not each be responsible for keeping any other Person themselves informed of (i) the financial condition of the Company and the other Grantors and all endorsers and/or guarantors of the Indenture Obligations Second Priority Claims or the Credit Facility First Priority Claims and (ii) all other circumstances bearing upon the risk of nonpayment of the Indenture Obligations Second Priority Claims or the Credit Facility First Priority Claims. (b) Subject to Section 5.6(b), the Credit Facility First Priority Agent and the Credit Facility Claim Holders First Priority Lenders shall have no duty to advise the Indenture Second Priority Agent or any Indenture Holder Second Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Credit Facility First Priority Agent or any of the Credit Facility Claim HoldersFirst Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Indenture Second Priority Agent or any Indenture HolderSecond Priority Lender, it or they shall be under no obligation: obligation (i) to make, and the Credit Facility First Priority Agent and the Credit Facility Claim Holders First Priority 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, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation, 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. (c) Subject to Section 5.6(a), the Indenture Second Priority Agent and the Indenture Holders Second Priority Lenders shall have no duty to advise any Credit Facility First Priority Agent or any Credit Facility Claim Holder First Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Indenture Second Priority Agent or any of the Indenture HoldersSecond Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Credit Facility First Priority Agent or any Credit Facility Claim HolderFirst Priority Lender, it or they shall be under no obligation: obligation (i) to make, and the Indenture Second Priority Agent and the Indenture Holders Second Priority 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, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation, 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 the other Grantors. (a) The Credit Facility First Priority Agent and the Credit Facility Claim HoldersFirst Priority Lenders, on the one hand, and the Indenture Second Priority Agent and the Indenture HoldersSecond Priority Lenders, on the other hand, shall not each be responsible for keeping any other Person themselves informed of (i) the financial condition of the Company and the other Grantors and all endorsers and/or guarantors of the Indenture Obligations Second Priority Claims or the Credit Facility First Priority Claims and (ii) all other circumstances bearing upon the risk of nonpayment of the Indenture Obligations Second Priority Claims or the Credit Facility First Priority Claims.. INTERCREDITOR AGREEMENT BETWEEN CIT FINANCE LLC AND THE BANK OF NEW YORK MELLON/BROADVIEW NETWORKS HOLDINGS, INC AND SUBSIDIARIES (b) Subject to Section 5.6(b), the Credit Facility First Priority Agent and the Credit Facility Claim Holders First Priority Lenders shall have no duty to advise the Indenture Second Priority Agent or any Indenture Holder Second Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Credit Facility First Priority Agent or any of the Credit Facility Claim HoldersFirst Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Indenture Second Priority Agent or any Indenture HolderSecond Priority Lender, it or they shall be under no obligation: obligation (i) to make, and the Credit Facility First Priority Agent and the Credit Facility Claim Holders First Priority 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, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation, 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. (c) Subject to Section 5.6(a), the Indenture Second Priority Agent and the Indenture Holders Second Priority Lenders shall have no duty to advise any Credit Facility First Priority Agent or any Credit Facility Claim Holder First Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Indenture Second Priority Agent or any of the Indenture HoldersSecond Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Credit Facility First Priority Agent or any Credit Facility Claim HolderFirst Priority Lender, it or they shall be under no obligation: obligation (i) to make, and the Indenture Second Priority Agent and the Indenture Holders Second Priority 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, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation, 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 the other Grantors. (a) The Credit Facility First Lien Agent and the Credit Facility Claim HoldersFirst Priority Lenders, on the one hand, and the Indenture Second Lien Agent and the Indenture HoldersSecond Priority Lenders, on the other hand, shall not each be responsible for keeping any other Person themselves informed of (i) the financial condition of the Company and the other Grantors and all endorsers and/or guarantors of the Indenture Obligations Second Priority Claims or the Credit Facility First Priority Claims and (ii) all other circumstances bearing upon the risk of nonpayment of the Indenture Obligations Second Priority Claims or the Credit Facility First Priority Claims. (b) Subject to Section 5.6(b), the Credit Facility First Lien Agent and the Credit Facility Claim Holders First Priority Lenders shall have no duty to advise the Indenture Second Lien Agent or any Indenture Holder Second Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Credit Facility First Lien Agent or any of the Credit Facility Claim HoldersFirst Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Indenture Second Lien Agent or any Indenture HolderSecond Priority Lender, it or they shall be under no obligation: obligation (i) to make, and the Credit Facility First Lien Agent and the Credit Facility Claim Holders First Priority 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, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation, 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. (c) Subject to Section 5.6(a), the Indenture Second Lien Agent and the Indenture Holders Second Priority Lenders shall have no duty to advise any Credit Facility First Lien Agent or any Credit Facility Claim Holder First Priority Lender of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the Indenture Second Lien Agent or any of the Indenture HoldersSecond Priority Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Credit Facility First Lien Agent or any Credit Facility Claim HolderFirst Priority Lender, it or they shall be under no obligation: obligation (i) to make, and the Indenture Second Lien Agent and the Indenture Holders Second Priority 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, (ii) to provide any additional information or to provide any such information on any subsequent occasion, (iii) to undertake any investigation, 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.