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

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Lien Representatives and the First Lien Secured Parties, on the one hand, and the Second Lien Representatives and the Second Lien Secured Parties, on the other hand, shall each be responsible for keeping themselves informed of (i) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (ii) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Representatives and the other First Lien Secured Parties shall have no duty to advise the Second Lien Representatives or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Representatives or any of the other First Lien Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Second Lien Representative or any other Second Lien Secured Party, it or they shall be under no obligation: (1) to make, and the First Lien Representatives and the 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; (2) to provide any additional information or to provide any such information on any subsequent occasion; (3) to undertake any investigation; or (4) 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. (b) The Grantors by their acknowledgement hereto agree that any information provided to any First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Lien Representatives Representatives, the First Lien Collateral Agents and the First Lien Secured Parties, on the one hand, and the Second Lien Representatives Representative, the Second Lien Collateral Agent and the Second Lien Secured Parties, on and the other handThird Lien Representative, the Third Lien Collateral Agent and the Third Lien Secured Parties shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or Obligations, the Second Lien Obligations or the Third Lien Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations, the Second Lien Obligations or the Second Third Lien Obligations. The Except as set forth in Section 4.1(b), none of the First Lien Representatives and Representatives, the First Lien Collateral Agents, the other First Lien Secured Parties, the Second Lien Representative, the Second Lien Collateral Agent, the Second Lien Secured Parties, the Third Lien Representative, the Third Lien Collateral Agent or the Third Lien Secured Parties shall have no a duty to advise the Second Lien Representatives or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. . (a) In the event the First Lien Representatives Representatives, the First Lien Collateral Agents or any of the other First Lien Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any the Second Lien Representative Representative, the Second Lien Collateral Agent or any other Second Lien Secured Party, or to the Third Lien Representative, the Third Lien Collateral Agent or any other Third Lien Secured Party, it or they shall be under no obligation: (1) to make, and the First Lien Representatives and the 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; (2) to provide any additional information or to provide any such information on any subsequent occasion; (3) to undertake any investigation; or (4) 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. (b) The Grantors by their acknowledgement hereto agree that any information provided to any First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Parity Lien Representatives Representatives, the Parity Lien Collateral Agents and the First Parity Lien Secured PartiesClaimholders, on the one hand, and the Second Junior Lien Representatives Representatives, the Junior Lien Collateral Agents and the Second Junior Lien Secured PartiesClaimholders, on the other hand, shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Parity Lien Obligations or the Second Junior Lien Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First Parity Lien Obligations or the Second Junior Lien Obligations. The First Parity Lien Representatives Representatives, the Parity Lien Collateral Agents and the other First Parity Lien Secured Parties Claimholders shall have no duty to advise the Second Junior Lien Representatives Representatives, the Junior Lien Collateral Agents or any other Second Junior Lien Secured Party Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Parity Lien Representatives Representatives, the Parity Lien Collateral Agents or any of the other First Parity Lien Secured PartiesClaimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Second Junior Lien Representative Representative, any Junior Lien Collateral Agent or any other Second Junior Lien Secured PartyClaimholder, it or they shall be under no obligation: (1a) to make, and the First Parity Lien Representatives Representatives, the Parity Lien Collateral Agents and the other First Parity Lien Secured Parties 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; (2b) to provide any additional information or to provide any such information on any subsequent occasion; (3c) to undertake any investigation; or (4d) 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. (b) The Grantors by their acknowledgement hereto agree that any information provided to any First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Lien Representatives Representatives, the First Lien Collateral Agents and the First Lien Secured Parties, on the one hand, and the Second Lien Representatives and the Second Lien Secured Parties, on the other hand, shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Except as set forth in Section 4.1(b), none of the First Lien Representatives and Representatives, the First Lien Collateral Agents, the other First Lien Secured Parties shall have no duty to advise Parties, the Second Lien Representatives Representative, the Second Lien Collateral Agent or any the other Second Lien Secured Party Parties shall have a duty to advise of information known to it or them regarding such condition or any such circumstances or otherwise. . (a) In the event the First Lien Representatives Representatives, the First Lien Collateral Agents or any of the other First Lien Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any the Second Lien Representative Representative, the Second Lien Collateral Agent or any other Second Lien Secured Party, it or they shall be under no obligation: (1) to make, and the First Lien Representatives Representatives, the First Lien Collateral Agents and the other First Lien Secured Parties Parties, shall not make, and shall be deemed not 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; (2) to provide any additional information or to provide any such information on any subsequent occasion; (3) to undertake any investigation; or (4) 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. (b) The Grantors by In the event the Second Lien Representatives, the Second Lien Collateral Agents or any of the other Second Lien Secured Parties, in its or their acknowledgement hereto agree that sole discretion, undertakes at any time or from time to time to provide any such information provided to any the First Lien Representative, any Second Lien Representative, any the First Lien Secured Party Collateral Agent or any Second Lien Secured Party may be shared by such Person with any other First Lien Secured Party, any it or they shall be under no obligation: (1) to make, and the Second Lien Representatives, the Second Lien Collateral Agents and the other Second Lien Secured PartyParties, shall not make, and shall be deemed not to have made, any First Lien Representative express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any Second Lien Representative; provided, that such information shall so provided; (2) to provide any additional information or to provide any such information on any subsequent occasion; (3) to undertake any investigation; or (4) to disclose any information, which pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise be subject required to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicablemaintain confidential.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Lien Representatives Representatives, the First Lien Collateral Agents and the First Lien Secured Parties, on the one hand, and the Second Lien Representatives Representative, the Second Lien Collateral Agent and the Second Lien Secured Parties, on the other hand, shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The Except as set forth in Section 4.1(b), the First Lien Representatives Representatives, the First Lien Collateral Agents and the other First Lien Secured Parties shall have no duty to advise the Second Lien Representatives Representative, the Second Lien Collateral Agent or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Representatives Representatives, the First Lien Collateral Agents or any of the other First Lien Secured Parties, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any the Second Lien Representative Representative, the Second Lien Collateral Agent or any other Second Lien Secured Party, it or they shall be under no obligation: (1a) to make, and the First Lien Representatives Representatives, the First Lien Collateral Agents and the other First Lien Secured Parties shall not make, and shall be deemed not 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; (2b) to provide any additional information or to provide any such information on any subsequent occasion; (3c) to undertake any investigation; or (4d) 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. (b) The Grantors by their acknowledgement hereto agree that any information provided to any First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First First-Lien Representatives Collateral Agent and the First other First-Lien Secured PartiesCreditors, on the one hand, and the Second Second-Lien Representatives Collateral Agent and the Second other Second-Lien Secured PartiesCreditors, on the other hand, shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First First-Lien Obligations or the Second Second-Lien Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First First-Lien Obligations or the Second Second-Lien Obligations. The First First-Lien Representatives Collateral Agent and the other First First-Lien Secured Parties Creditors shall have no duty to advise the Second Second-Lien Representatives Collateral Agent or any other Second Second-Lien Secured Party Creditor of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First First-Lien Representatives Collateral Agent or any of the other First First-Lien Secured PartiesCreditors, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Second the Second-Lien Representative Collateral Agent or any other Second Second-Lien Secured PartyCreditor, it or they shall be under no obligation: obligation (1w) to make, and the First First-Lien Representatives Collateral Agent and the other First First-Lien Secured Parties 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; , (2x) to provide any additional information or to provide any such information on any subsequent occasion; , (3y) to undertake any investigation; or investigation or (4z) 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. In the event the Second-Lien Collateral Agent or any of the other Second-Lien Creditor, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the First-Lien Collateral Agent or any other First-Lien Creditors, it or they shall be under no obligation (w) to make, and the Second-Lien Collateral Agent and the other Second-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, (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 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 First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Lien Representatives Each Priority Collateral Agent, the Priority Claimholders, the Notes Collateral Agents and the First Lien Secured Parties, on the one hand, and the Second Lien Representatives and the Second Lien Secured Parties, on the other hand, Notes Claimholders shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Lien Priority Obligations or the Second Lien Notes Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First Lien Priority Obligations or Notes Obligations. Notwithstanding the foregoing, nothing in this Agreement shall impose a duty on the Initial Notes Collateral Agent or the Notes Trustee to keep themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Priority Obligations or the Second Lien ObligationsNotes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Priority Obligations or Notes Obligations beyond that which may be required under the Initial Notes Indenture. The First Lien Representatives Neither the Priority Collateral Agent and the other First Lien Secured Parties Priority Claimholders nor any Notes Collateral Agent and the Notes Claimholders, shall have no any duty to advise the Second Lien Representatives or any other Second Lien Secured Party of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Representatives that any Priority Collateral Agent, any Priority Claimholders, any Notes Collateral Agent, any Notes Trustee or any of the other First Lien Secured Parties, in its or their sole discretion, undertakes Notes Claimholders undertake at any time or from time to time to provide any such information to any Second Lien Representative or any other Second Lien Secured Partyof the others, it or they shall be under no obligation: (1a) to make, and the First Lien Representatives and the 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; (2b) to provide any additional information or to provide any such information on any subsequent occasion; (3c) to undertake any investigation; or (4d) 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. (b) The Grantors by their acknowledgement hereto agree that any information provided to any First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Grantors and their Subsidiaries. (a) The First Lien Representatives Representatives, the First Lien Collateral Agents and the First Lien Secured PartiesClaimholders, on the one hand, and the holders of Second Lien Representatives and the Second Lien Secured PartiesDebt, on the other hand, shall each be responsible for keeping themselves informed of (ia) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (iib) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Representatives Representatives, the First Lien Collateral Agents and the other First Lien Secured Parties Claimholders shall have no duty to advise the Second Lien Representatives Representatives, the Second Lien Collateral Agents or any other Second Lien Secured Party Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Representatives Representatives, the First Lien Collateral Agents or any of the other First Lien Secured PartiesClaimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any Second Lien Representative Representative, any Second Lien Collateral Agent or any other Second Lien Secured PartyClaimholder, it or they shall be under no obligation: (1a) to make, and the First Lien Representatives Representatives, the First Lien Collateral Agents and the other First Lien Secured Parties 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; (2b) to provide any additional information or to provide any such information on any subsequent occasion; (3c) to undertake any investigation; or (4d) 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. (b) The Grantors by their acknowledgement hereto agree that any information provided to any First Lien Representative, any Second Lien Representative, any First Lien Secured Party or any Second Lien Secured Party may be shared by such Person with any First Lien Secured Party, any Second Lien Secured Party, any First Lien Representative or any Second Lien Representative; provided, that such information shall otherwise be subject to the respective confidentiality provisions in the Initial First Lien Credit Agreement and the Initial Second Lien Credit Agreement, as applicable.