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 Intercreditor Agent, the Senior Lenders and the Noteholders shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Noteholder Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Noteholder Claims or the Senior Lender Claims. The Intercreditor Agent, the Senior Lenders, the Trustee and the 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 the Intercreditor Agent, any Senior Lender, the Trustee or any Noteholder, 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 Intercreditor Agent, the Senior Lenders, the Trustee and the Noteholders 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor Agent, Credit Agent and the Senior Lenders Lenders, on the one hand, and the Noteholders Trustee and the Noteholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or guarantors of the Noteholder Claims or the Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Noteholder Claims or the Senior Lender Claims. The Intercreditor Agent, Credit Agent and the Senior Lenders, the Trustee and the Noteholders Lenders shall have no duty to advise the Trustee or any other party hereunder Noteholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the Intercreditor Agent, any Senior Lender, the Trustee Credit Agent or any Noteholderof the Senior Lenders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Trustee or any other partyNoteholder, it or they shall be under no obligation (w) to make, and the Intercreditor Agent, Credit Agent and the Senior Lenders, the Trustee and the Noteholders 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor Agent, the Senior Lenders Lenders, the Trustee and the Noteholders shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries and all endorsers and/or or guarantors of the Noteholder Senior Lender Claims or the Senior Lender Noteholder Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Noteholder Senior Lender Claims or the Senior Lender Noteholder Claims. The Intercreditor Agent, the Senior Lenders, the Trustee and the 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 the Intercreditor Agent, any Senior Lender, the Trustee or any Noteholder, 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 Intercreditor Agent, the Senior Lenders, the Trustee and the Noteholders 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, (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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Intercreditor AgentSenior Representatives, the Senior Lenders Secured Parties and the Noteholders Subordinated Creditor shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Subsidiaries Obligor and all endorsers and/or or guarantors of the Noteholder Claims Senior Obligations or the Senior Lender Claims Subordinated Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Noteholder Claims Senior Obligations or the Senior Lender ClaimsSubordinated Obligations. The Intercreditor AgentSenior Representatives, the Senior Lenders, the Trustee Secured Parties and the Noteholders Subordinated Creditor 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 Intercreditor Agentany Senior Representative, any Senior Lender, Secured Party or the Trustee or any NoteholderSubordinated Creditor, 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 Intercreditor AgentSenior Representatives, the Senior Lenders, the Trustee Secured Parties and the Noteholders Subordinated Creditor 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 as confidential or is otherwise required to maintain as confidential.