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. The Representative and Collateral Agent and the other 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 First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations. The Representative and Collateral Agent and the other First Lien Claimholders of each Series shall have 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 the Representative or Collateral Agent or any of the other First Lien Claimholders, in its or their 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 other Series, it or they shall be under no obligation:

Appears in 9 contracts

Samples: Passu Intercreditor Agreement (Post Holdings, Inc.), Passu Intercreditor Agreement (Turning Point Brands, Inc.), Passu Intercreditor Agreement (Abercrombie & Fitch Co /De/)

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Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Representative and Collateral Agent and the other First 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 First Parity Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Parity Lien Obligations. The Representative and Collateral Agent and the other First Parity Lien Claimholders of each Series shall have no duty to advise the Representative, Collateral Agent or First 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 the Representative or Collateral Agent or any of the other First Parity Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or First Parity Lien Claimholders of any other Series, it or they shall be under no obligation:

Appears in 2 contracts

Samples: Intercreditor Agreement (Urban One, Inc.), Intercreditor Agreement (Evraz North America PLC)

Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Representative and Collateral Agent and the other 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 First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations. The Representative and Collateral Agent and the other First Lien Claimholders of each Series shall have 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 the Representative or Collateral Agent or any of the other First Lien Claimholders, in its or their 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 Claimholdersof any other Series, it or they shall be under no obligation:

Appears in 1 contract

Samples: Assignment and Assumption (Turning Point Brands, Inc.)

Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Representative and Collateral Agent and the other First Lien Claimholders Secured Parties 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 First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations. The Representative and Collateral Agent and the other First Lien Claimholders Secured Parties of each Series shall have no duty to advise the Representative, Collateral Agent or First Lien Claimholders 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 the Representative or Collateral Agent or any of the other First Lien ClaimholdersSecured Parties, in its or their 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 Secured Parties of any other Series, it or they shall be under no obligation:

Appears in 1 contract

Samples: Assignment and Acceptance (Amneal Pharmaceuticals, Inc.)

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Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Representative and Collateral Agent and the other 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 First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations. The Representative and Collateral Agent and the other First Lien Claimholders of each Series shall have 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 the Representative or Collateral Agent or any of the other First Lien Claimholders, in its or their 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 other Series, it or they shall be under no obligation:: 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;

Appears in 1 contract

Samples: Passu Intercreditor Agreement (Revlon Inc /De/)

Information Concerning Financial Condition of the Grantors and their Subsidiaries. The Representative and Collateral Agent and the other First 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 First Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Second Lien Obligations. The Representative and Collateral Agent and the other First Second Lien Claimholders of each Series shall have no duty to advise the Representative, Collateral Agent or First 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 the Representative or Collateral Agent or any of the other First Second Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Representative, Collateral Agent or First Second Lien Claimholders of any other Series, it or they shall be under no obligation:

Appears in 1 contract

Samples: Passu Intercreditor Agreement (Franchise Group, Inc.)

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