Common use of Information Concerning Financial Condition of the Loan Parties Clause in Contracts

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each Term Agent and the ABL Agent hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party receiving such information hereby agrees to hold the providing party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL Agent, any Term Agent, any ABL Secured Party or any Term Secured Party may be shared by such Person with any ABL Secured Party, any Term Secured Party, the ABL Agent or any Term Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit Agreement, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any the Term Agent or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasionoccasion except as required pursuant to Section 3.3, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, or (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL Agent, any the Term Agent, any ABL Secured Credit Party or any Term Secured Credit Party may be shared by such Person with any ABL Secured Credit Party, any Term Secured Credit Party, the ABL Agent or any the Term Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit Agreement, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent hereby agree that no party Party shall have any duty to advise any other party Party of information known to it regarding such condition or any such circumstances. In the event any the Term Agent or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party Party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party Party or any other party Party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL Agent, any the Term Agent, any ABL Secured Party or any Term Secured Party Party, including any Loan Documents under Section 3.3(b), may be shared by such Person with any ABL Secured Party, any Term Secured Party, the ABL Agent or any the Term Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be Agent, subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit Agreement, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the other providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL AgentAgents, any Term the Second Lien Agent, any ABL Secured Party or any Term Second Lien Secured Party may be shared by such Person with any ABL Secured Party, any Term Second Lien Secured Party, the ABL Agent Agents or any Term the Second Lien Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement, the Second Lien Credit Agreement and the Term Loan Credit AgreementIndenture, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment non-payment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any the Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL Agent, any the Term Agent, any ABL Secured Party or any Term Secured Party may be shared by such Person with any ABL Secured Party, any Term Secured Party, the ABL Agent or any the Term Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit Agreement, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of The Revolving Lender, on the one hand, and the Term Loan Agent, any on the other Term Agent and hand, hereby agree that the ABL Agent hereby assumes responsibility for keeping itself informed of other Secured Party has no duty to inform such Secured Party regarding (i) the financial condition of the Loan Parties and all Parties, (ii) the value or condition of the Collateral or (iii) any other circumstances bearing upon the risk of nonpayment of the ABL Revolving Obligations or the Term Loan Obligations. Each Term Agent The Revolving Lender, on the one hand, and the ABL Agent Term Loan Agent, on the other hand, hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Term Agent that the Revolving Lender, on the one hand, or the ABL Term Loan Agent, on the other hand, in their sole its respective discretion, undertakes at any time or from time to time to provide any such information to any other party to this Agreement, (a) they it shall be under no obligation (ia) to provide any such information to such other party or any other party on any subsequent occasion, (iib) to undertake any investigation not a part of its regular business routine, or (iiic) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential. None of the Revolving Lender, the other informationRevolving Claimholders or any of their respective directors, (b) they make no representation as members, managers, officers, agents or employees, on the one hand, nor the Term Loan Agent, the other Term Loan Claimholders or any of their respective directors, members, managers, officers, agents or employees, on the other hand, shall be responsible to the accuracy other or completeness to any other Person for any Loan Party’s solvency, financial condition or ability to repay the Revolving Obligations or the Term Loan Obligations or for statements of any such information and shall not be liable Loan Party, oral or written, or for the validity, sufficiency or enforceability of the Revolving Obligations, the Term Loan Obligations, the Revolving Loan Documents or the Term Loan Documents, or any information contained therein, and (c) Liens granted by the party receiving such information hereby agrees Loan Parties to hold the providing party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or Secured Parties in connection with therewith. Each of the use of such information. (b) The Loan Parties agree that any information provided to Revolving Lender and the ABL Agentother Revolving Claimholders, any Term Agenton the one hand, any ABL Secured Party or any Term Secured Party may be shared by such Person with any ABL Secured Party, any Term Secured Party, the ABL Agent or any Term Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit AgreementAgent and the other Term Loan Claimholders, as applicableon the other hand, have entered into their respective financing agreements with the Borrowers and the other Loan Parties based upon their own independent investigation, and make no warranty or representation to the other nor do they rely upon any representation of the other with respect to matters identified or referred to in this Section 8.5.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (ba) The Loan Parties agree that any information provided to the ABL AgentAgents, any Term the Second Lien Agent, any ABL Secured Party or any Term Second Lien Secured Party may be shared by such Person with any ABL Secured Party, any Term Second Lien Secured Party, the ABL Agent Agents or any Term the Second Lien Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Second Lien Credit Agreement, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees Table of Contents to hold the other providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL AgentAgents, any Term the Second Lien Agent, any ABL Secured Party or any Term Second Lien Secured Party may be shared by such Person with any ABL Secured Party, any Term Second Lien Secured Party, the ABL Agent Agents or any Term the Second Lien Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit AgreementIndenture, as applicable.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment non-payment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent hereby agree that no party Party shall have any duty to advise any other party Party of information known to it regarding such condition or any such circumstances. In the event any the Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party Party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party Party or any other party Party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information. (b) The Loan Parties agree that any information provided to the ABL Agent, any the Term Agent, any ABL Secured Party or any Term Secured Party may be shared by such Person with any ABL Secured Party, any Term Secured Party, the ABL Agent or any the Term Agent notwithstanding a request or demand by such Loan Party that such information be kept confidential; provided that such information shall otherwise be subject to the respective confidentiality provisions in the ABL Credit Agreement and the Term Loan Credit Agreement, as applicable. The foregoing shall not limit the right of the Loan Parties, in any instance, to direct any Party to maintain the confidentiality of any specific information and to not share such information with the other Party hereto. (c) In the event that the ABL Agent shall, in the exercise of its rights under the ABL Collateral Documents or otherwise, receive possession or control of any books and records of any Term Loan Party which contain information identifying or pertaining to the Term Priority Collateral, the ABL Agent shall, upon request from the Term Agent and as promptly as practicable thereafter, either make available to the Term Agent such books and records for inspection and duplication or provide to the Term Agent copies thereof. In the event that the Term Agent shall, in the exercise of its rights under the Term Collateral Documents or otherwise, receive possession or control of any books and records of any ABL Credit Party which contain information identifying or pertaining to any of the ABL Priority Collateral, the Term Agent shall, upon request from the ABL Agent and as promptly as practicable thereafter, either make available to the ABL Agent such books and records for inspection and duplication or provide the ABL Agent copies thereof.