Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset 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 Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset Collateral Agent and the Fixed Asset 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: (a) 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; (b) to provide any additional information or to provide any such information on any subsequent occasion; (c) to undertake any investigation; or (d) 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.
Appears in 6 contracts
Samples: Intercreditor Agreement (Petco Health & Wellness Company, Inc.), Intercreditor Agreement (PAE Inc), Revolving Credit Agreement (VERRA MOBILITY Corp)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Claimholders of each Series shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset First Lien Obligations. Neither the Revolving Credit The Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Claimholders of each Series shall have any no duty to advise the Representative, Collateral Agent or First Lien Claimholders of any other Series of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Representative or Collateral Agent or any of the Revolving Credit other First Lien Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or First Lien Claimholders of any of the othersother Series, it or they shall be under no obligation:
(a) to make, and such Representative and Collateral Agent and such other First Lien Claimholders 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 6 contracts
Samples: Pari Passu Intercreditor Agreement (Post Holdings, Inc.), First Lien Pari Passu Intercreditor Agreement (Turning Point Brands, Inc.), Indenture (Abercrombie & Fitch Co /De/)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The US Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Notes Collateral Agents Agent and the Fixed Asset Notes Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Notes Obligations. Neither the US Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Notes Collateral Agents Agent and the Fixed Asset Notes 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 US Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset the Notes Collateral Agent and the Fixed Asset Notes 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 4 contracts
Samples: Credit Agreement (Edgen Group Inc.), Intercreditor Agreement (Edgen Group Inc.), Intercreditor Agreement (Edgen Murray II, L.P.)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Parity Lien Claimholders of each Series shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Parity Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Parity Lien Obligations. Neither the Revolving Credit The Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Parity Lien Claimholders of each Series shall have any no duty to advise the Representative, Collateral Agent or Parity Lien Claimholders of any other Series of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Representative or Collateral Agent or any of the Revolving Credit other Parity Lien Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or Parity Lien Claimholders of any of the othersother Series, it or they shall be under no obligation:
(a) to make, and such Representative and Collateral Agent and such other Parity Lien Claimholders 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 2 contracts
Samples: Indenture (Urban One, Inc.), Indenture (Evraz North America PLC)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan 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 Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset the Term Loan Collateral Agent and the Fixed Asset Term Loan 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 2 contracts
Samples: Intercreditor Agreement (J Crew Group Inc), Intercreditor Agreement (J Crew Group Inc)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Each of (i) the Senior Collateral Agent Agents, the Senior Representatives and the Revolving Credit ClaimholdersClaimholders and (iii) the Third Lien Collateral Agent, on the one hand, Third Lien Representative and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Third Lien Claimholders shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Senior Obligations or the Fixed Asset Third Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Senior Obligations or the Fixed Asset Third Lien Obligations. Neither the Revolving Credit No Representative, Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, or Claimholder shall have any duty hereunder to advise the any other Representative, Collateral Agent or Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit any Representative, Collateral Agent or any of the Revolving Credit ClaimholdersClaimholder, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to any of the othersother Representative, Collateral Agent or Claimholder, it or they shall be under no obligation:
(a) to make, and such Representative, Collateral Agents or Claimholder, as the case may be, 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 2 contracts
Samples: Third Lien Subordination and Intercreditor Agreement, Third Lien Subordination and Intercreditor Agreement
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Facility Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations. Neither the Revolving Credit Facility Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan 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 Revolving Credit Facility Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset the Term Loan Collateral Agent and the Fixed Asset Term Loan 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Secured Parties of each Series shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations First Lien Obligations; provided that, nothing herein shall obligate the 2028 Notes Agent or 2028 Notes Trustee to investigate or keep itself informed of the Fixed Asset Obligationsfinancial condition of the Company and the Grantors and the risk of nonpayment, beyond that which may be required by the 2028 Notes Agreement. Neither the Revolving Credit The Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Secured Parties of each Series shall have any no duty to advise the Representative, Collateral Agent or First Lien Secured Parties of any other Series of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Representative or Collateral Agent or any of the Revolving Credit Claimholdersother First Lien Secured Parties, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or First Lien Secured Parties of any of the othersother Series, it or they shall be under no obligation:
(a) to make, and such Representative and Collateral Agent and such other First Lien Secured Parties 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) to disclose any information, which that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.
Appears in 1 contract
Samples: First Lien Pari Passu Intercreditor Agreement (Ritchie Bros Auctioneers Inc)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Claimholders of each Series shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset First Lien Obligations. Neither the Revolving Credit The Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Claimholders of each Series shall have any no duty to advise the Representative, Collateral Agent or First Lien Claimholders of any other Series of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Representative or Collateral Agent or any of the Revolving Credit other First Lien Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or First Lien Claimholders of any of the othersother Series, it or they shall be under no obligation:
(a) : 40. to make, and such Representative and Collateral Agent and such other First Lien Claimholders 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: First Lien Pari Passu Intercreditor Agreement (Revlon Inc /De/)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral ABL Administrative Agent and the Revolving Credit Claimholders, ABL Claimholders shall not rely on the one handNotes Collateral Agents or the Notes Claimholders, and the Fixed Asset Notes Collateral Agents and the Fixed Asset Claimholders, Notes Claimholders shall not rely on the other hand, shall each be responsible ABL Administrative Agent or the ABL Claimholders for keeping themselves informed of information with respect to (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit ABL Obligations or the Fixed Asset Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit ABL Obligations or the Fixed Asset Notes Obligations. Neither the Revolving Credit Collateral ABL Administrative Agent and the Revolving Credit ABL Claimholders, on the one hand, nor the Fixed Asset Notes Collateral Agents and the Fixed Asset Notes 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 Revolving Credit Collateral ABL Administrative Agent or any of the Revolving Credit ABL Claimholders, on the one hand, or any Fixed Asset Notes Collateral Agent and the Fixed Asset Notes 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Indenture (Arconic Corp)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit First Lien Collateral Agent and the Revolving Credit First Lien Claimholders, on the one hand, and the Fixed Asset Second Lien Collateral Agents Agent and the Fixed Asset Second Lien Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit First Lien Obligations or the Fixed Asset Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit First Lien Obligations or the Fixed Asset Second Lien Obligations. Neither the Revolving Credit The First Lien Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First Lien Claimholders shall have any no duty to advise the other 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 that either the Revolving Credit First Lien Collateral Agent or any of the Revolving Credit First Lien Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Collateral Agent or any of the othersSecond Lien Claimholder, it or they shall be under no obligation:
(a) to make, and the First Lien Collateral Agent and the First Lien Claimholders 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Second Lien Intercreditor Agreement (Turning Point Brands, Inc.)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The Revolving Credit Collateral Agent and the Revolving Credit [ ] Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset [ ] Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit [ ] Obligations or the Fixed Asset [ ] Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit [ ] Obligations or the Fixed Asset [ ] Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, The [ ] Claimholders shall have any no duty to advise the other any [ ] Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Collateral Agent or any of the Revolving Credit [ ] Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to any of the others[ ] Claimholder, it or they shall be under no obligation:
obligation (aw) to make, and the [ ] Claimholders 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;
, (bx) to provide any additional information or to provide any such information on any subsequent occasion;
, (cy) to undertake any investigation; or
investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.
(b) The Grantors by their acknowledgement hereto agree that any information provided to any [ ] Claimholder or any [ ] Claimholder may be shared by such Person with any [ ] Claimholder, any [ ] Claimholder notwithstanding a request or demand by such Grantor that such information be kept confidential; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the [ ] Loan Agreement and the [ ] Loan Agreement, as applicable.
Appears in 1 contract
Samples: Intercreditor Agreement (Tel Instrument Electronics Corp)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset term Loan Collateral Agents Agent and the Fixed Asset Term Loan 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 Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset the Term Loan Collateral Agent and the Fixed Asset Term Loan 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Credit Agreement (J Crew Group Inc)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Revolver Agent and the Revolving Credit Revolver Claimholders, on the one hand, and the Fixed Asset Collateral Agents Term Loan Claimholders and the Fixed Asset ClaimholdersTerm Loan Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries subsidiaries and all endorsers and/or guarantors of the Revolving Credit Revolver Obligations or the Fixed Asset Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Revolver Obligations or the Fixed Asset Term Loan Obligations. Neither the Revolving Credit Collateral Revolver Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Revolver Claimholders shall have any no duty to advise the other Term Loan Agent or any Term Loan Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. Term Loan Agent and Term Loan Claimholders shall have no duty to advise Revolver Agent or any Revolver Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Collateral Revolver Agent or Term Loan Agent or any of the Revolving Credit Revolver Claimholders or any Term Loan Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to Term Loan Agent or any of the othersTerm Loan Claimholder or Revolver Agent or any Revolver Claimholders, as applicable, it or they shall be under no obligation:
(a) to make, and shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness truthfulness, or validity of any such information so provided;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the other Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Assets Claimholders of each Series shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Assets Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Assets Obligations. Neither the Revolving Credit The Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the other Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Assets Claimholders of each Series shall have any no duty to advise the Representative, Collateral Agent or Fixed Assets Claimholders of any other Series of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Representative or Collateral Agent or any of the Revolving Credit other Fixed Assets Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or Fixed Assets Claimholders of any of the othersother Series, it or they shall be under no obligation:
(a) to make, and such Representative and Collateral Agent and such other Fixed Assets Claimholders 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent Agents and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations. Neither the Revolving Credit Collateral Agent Agents and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Term Loan Collateral Agents Agent and the Fixed Asset Term Loan 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 any Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset the Term Loan Collateral Agent and the Fixed Asset Term Loan 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Term Loan Collateral Agents and the Fixed Asset Term Loan Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Term Loan Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Term Loan Collateral Agents and the Fixed Asset Term Loan 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 Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset Term Loan Collateral Agent and the Fixed Asset Term Loan 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and Neither the Revolving Credit ABL Agent, the other ABL Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on Term Debt Trustee nor the other hand, Term Debt Claimholders shall each be responsible for keeping themselves any of the other parties informed of (a) the financial condition of the Grantors Company and their the Company Subsidiaries and all endorsers and/or guarantors and other Grantors of the Revolving Credit ABL Obligations or and the Fixed Asset Term Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit ABL Obligations or the Fixed Asset Term Debt Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, ABL Claimholders nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Term Debt Claimholders shall have any duty to advise the other others of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Collateral Agent ABL Agent, any of the other ABL Claimholders, the Term Debt Trustee or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other hand, Term Debt Claimholders 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:
, (ai) 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;
, (bii) to provide any additional information or to provide any such information on any subsequent occasion;
, (ciii) to undertake any investigation; , or
(d) 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.
Appears in 1 contract
Samples: Intercreditor Agreement
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit First Lien Representatives, the First Lien Collateral Agent Agents and the Revolving Credit First Lien Claimholders, on the one hand, and the Fixed Asset Second Lien Representatives, the Second Lien Collateral Agents and the Fixed Asset Second Lien Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit First Lien Obligations or the Fixed Asset Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit First Lien Obligations or the Fixed Asset Second Lien Obligations. Neither the Revolving Credit No Representative, Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, or Claimholder shall have any duty hereunder to advise the any other Representative, Collateral Agent or Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit any Representative, Collateral Agent or any of the Revolving Credit ClaimholdersClaimholder, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to any of the othersother Representative, Collateral Agent or Claimholder, it or they shall be under no obligation:
(a) to make, and the such Representative, Collateral Agent or Claimholder 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Second Lien Intercreditor Agreement
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Second Lien Term Loan Collateral Agents Agent and the Fixed Asset Second Lien Term Loan Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Second Lien Term Loan Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Second Lien Term Loan Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Second Lien Term Loan Collateral Agents Agent and the Fixed Asset Second Lien Term Loan 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 Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset the Second Lien Term Loan Collateral Agent and the Fixed Asset Second Lien Term Loan 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:
(a) 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Intercreditor Agreement (Dura Automotive Systems Inc)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Second Lien Claimholders of each Series shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Second Lien Obligations. Neither the Revolving Credit The Representative and Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, Second Lien Claimholders of each Series shall have any no duty to advise the Representative, Collateral Agent or Second Lien Claimholders of any other Series of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit Representative or Collateral Agent or any of the Revolving Credit other Second Lien Claimholders, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or Second Lien Claimholders of any of the othersother Series, it or they shall be under no obligation:
(a) to make, and such Representative and Collateral Agent and such other Second Lien Claimholders 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;
(b) to provide any additional information or to provide any such information on any subsequent occasion;
(c) to undertake any investigation; or
(d) 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.
Appears in 1 contract
Samples: Second Lien Pari Passu Intercreditor Agreement (Franchise Group, Inc.)
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, and the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit Obligations or the Fixed Asset Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit Obligations or the Fixed Asset Obligations. Neither the Revolving Credit Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset 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 Revolving Credit Collateral Agent or any of the Revolving Credit Claimholders, on the one hand, or any Fixed Asset Collateral Agent and the Fixed Asset 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:
(a) : 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;
(b) ; to provide any additional information or to provide any such information on any subsequent occasion;
(c) ; to undertake any investigation; or
(d) or 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.
Appears in 1 contract
Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Revolving Credit First-Lien Collateral Agent and the Revolving Credit Claimholdersother First-Lien Creditors, on the one hand, and the Fixed Asset Second-Lien Collateral Agents Agent and the Fixed Asset Claimholdersother Second-Lien Creditors, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Revolving Credit First-Lien Obligations or the Fixed Asset Second-Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Revolving Credit First-Lien Obligations or the Fixed Asset Second-Lien Obligations. Neither the Revolving Credit The First-Lien Collateral Agent and the Revolving Credit Claimholders, on the one hand, nor the Fixed Asset Collateral Agents and the Fixed Asset Claimholders, on the other hand, First-Lien Creditors shall have any no duty to advise the Second-Lien Collateral Agent or any other Second-Lien Creditor of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that either the Revolving Credit First-Lien Collateral Agent or any of the Revolving Credit Claimholdersother First-Lien Creditors, on the one hand, in its or any Fixed Asset Collateral Agent and the Fixed Asset Claimholders, on the other handtheir sole discretion, undertakes at any time or from time to time to provide any such information to the Second-Lien Collateral Agent or any of the othersother Second-Lien Creditor, it or they shall be under no obligation:
obligation (aw) to make, and the First-Lien Collateral Agent and the other First-Lien Creditors 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;
, (bx) to provide any additional information or to provide any such information on any subsequent occasion;
, (cy) to undertake any investigation; or
investigation or (dz) to disclose any informationinformation which, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.
Appears in 1 contract