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

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesIntercreditor Agent, the Senior Secured Parties, the Second Priority Representatives Lenders and the Second Priority Debt Parties Noteholders shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or and/or guarantors of the Senior Obligations Noteholder Claims or the Second Priority Debt Obligations Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Noteholder Claims or the Second Priority Debt ObligationsSenior Lender Claims. The Senior RepresentativesIntercreditor Agent, the Senior Secured PartiesLenders, the Second Priority Representatives Trustee and the Second Priority Debt Parties Noteholders 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 Senior Representativethe Intercreditor Agent, any Senior Secured PartyLender, any Second Priority Representative the Trustee or any Second Priority Debt PartyNoteholder, 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 (i) make, and the Senior RepresentativesIntercreditor Agent, the Senior Secured PartiesLenders, the Second Priority Representatives Trustee and the Second Priority Debt Parties Noteholders shall not make or be deemed to have mademake, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 the Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Priority Debt Junior Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Second Priority Junior Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Junior Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Priority Debt Junior 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 Senior Representative, any Senior Secured Party, any Second Priority Junior Representative or any Second Priority Junior Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Priority Junior Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives Representative and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Debt Parties, the Second Priority Representatives Representative 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 the Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives Representative and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, Neither the Senior Collateral Agent nor any other Senior Secured PartiesParty shall have any obligation to any Second Priority Representative or any other Second Priority Secured Party to keep the Second Priority Representative or any Second Priority Secured Party informed of, and the Second Priority Representatives and the Second Priority Debt Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the Senior Collateral Agent or the Senior Secured Parties with respect to, (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Collateral Agent, the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 Senior Collateral Agent, any Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Secured Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Collateral Agent, the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Debt 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 the Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Neither the First Lien Agents nor any Senior Representatives, the Senior Secured Parties, Lender shall have any obligation to the Second Priority Representatives 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 Debt Agent and the Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the First Lien Agents or the Senior Lenders with respect to, (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or and/or guarantors of the Senior Obligations Second Priority Claims or the Second Priority Debt Obligations Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Second Priority Claims or the Second Priority Debt ObligationsSenior Lender Claims. The Senior RepresentativesFirst Lien Agents, the Senior Secured PartiesLenders, the each Second Priority Representatives Agent and the Second Priority Debt 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 Senior RepresentativeFirst Lien Agent, any Senior Secured PartyLender, any Second Priority Representative Agent or any Second Priority Debt 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 (i) make, and the Senior RepresentativesFirst Lien Agents, the Senior Secured PartiesLenders, the Second Priority Representatives Agents and the Second Priority Debt Secured Parties shall not make or be deemed to have mademake, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Junior Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Junior Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt 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 Senior Representative, any Senior Secured Party, any Second Junior Priority Representative or any Second Junior Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives and the Junior Secured Parties (other than the Second Priority Representatives Representative and the Second Priority Debt Parties Parties) shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Junior Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Junior Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Debt Parties, the Second Priority Junior Representatives and the Second Priority Debt Junior 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 the Senior Representative, any Senior Secured Party, any Second Priority Junior Representative or any Second Priority Junior Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Junior Representatives and the Second Priority Junior Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its Subsidiaries and all any endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation investigation, or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior RepresentativesRepresentative, 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 the Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Junior Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Junior Priority Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior 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 the Senior Representative, any Senior Secured Party, any Second Junior Priority Representative or any Second Junior Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Junior Priority Representatives and the Second Junior Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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 8.04 shall impose an obligation on the Senior Representative or the trustee under the Senior Indenture to keep itself informed as to the financial condition of the Company or its Subsidiaries or the risk of non-payment beyond that which may be required by the Senior Indenture.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesFirst Priority Collateral Agent, the Senior First Priority Secured Parties, the Second Priority Representatives Collateral Agent, and the Second Priority Debt Secured Parties shall each be responsible have no responsibility for keeping themselves any other party to this Agreement informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or and/or guarantors of the Senior First Priority Notes Obligations or the Second Priority Debt Notes Obligations and or (b) all any other circumstances bearing upon the risk of nonpayment of the Senior First Priority Notes Obligations or the Second Priority Debt Notes Obligations. The Senior RepresentativesFirst Priority Collateral Agent, the Senior First Priority Secured Parties, the Second Priority Representatives Collateral Agent, and the Second Priority Debt 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 Senior Representativethe First Priority Collateral Agent, any Senior First Priority Secured Party, any the Second Priority Representative Collateral Agent, or any Second Priority Debt 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 (i) make, and the Senior RepresentativesFirst Priority Collateral Agent, the Senior First Priority Secured Parties, the Second Priority Representatives Collateral Agent and the Second Priority Debt Secured Parties shall not make or be deemed to have made, any no express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Borrowers and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and its the Subsidiaries thereof and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain as confidential or is otherwise required to maintain as confidential.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Borrowers and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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. SECTION 8.05.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives Representative and the Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations, as applicable. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives Representative 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 the Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Second Priority Representatives Representative and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and its Subsidiaries and all any endorsers or guarantors of the Senior Obligations or the Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt 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 Senior Representative, any Senior Secured Party, any Second Priority Representative or any Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Second Priority Representatives and the Second Priority Debt Parties shall not make 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, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation investigation, or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, Neither the Collateral Agent nor any Senior Secured Parties, Party shall have any obligation to any Second Priority Agent or any Second Priority Secured Party to keep the Second Priority Representatives Agent or any Second Priority Secured Party informed of, and the Second Priority Debt Agents and the Second Priority Secured Parties shall each not be responsible for keeping themselves informed of entitled to rely on the Collateral Agent or the Senior Secured Parties with respect to, (a) the financial condition of the Borrower Company and its the Subsidiaries and all endorsers or endorsers, pledgors and/or guarantors of the Senior Obligations Second Priority Claims or the Second Priority Debt Obligations Senior Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Second Priority Claims or the Second Priority Debt ObligationsSenior Claims. The Senior RepresentativesCollateral Agent, the Senior Secured Parties, the each Second Priority Representatives Agent and the Second Priority Debt 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 Senior Representativethe Collateral Agent, any Senior Secured Party, any Second Priority Representative Agent or any Second Priority Debt 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 (i) make, and the Senior RepresentativesCollateral Agent, the Senior Secured Parties, the Second Priority Representatives Agents and the Second Priority Debt Secured Parties shall not make or be deemed to have mademake, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) 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.