Information Concerning Financial Condition of the Loan Parties. Each of the Note Representative and the ABL Representative hereby assume 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 Note Obligations. The Note Representative and the ABL Representative 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 (except as otherwise provided in the ABL Documents and Note Documents). In the event the Note Representative or the ABL Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.
Appears in 2 contracts
Samples: Intercreditor Agreement (Easton-Bell Sports, Inc.), Indenture (Easton-Bell Sports, Inc.)
Information Concerning Financial Condition of the Loan Parties. Each of the Note Representative Term Loan Administrative Agent and the ABL Representative Revolving Lender hereby assume 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 Term Loan Obligations or the Note Revolving Credit Obligations. The Note Representative Term Loan Administrative Agent and the ABL Representative Revolving Lender 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 (except as otherwise provided in the ABL Documents and Note Documents)circumstances. In the event the Note Representative Term Loan Administrative Agent or the ABL RepresentativeRevolving Lender, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.
Appears in 2 contracts
Samples: Intercreditor Agreement (Vertex Energy Inc.), Intercreditor Agreement (Vertex Energy Inc.)
Information Concerning Financial Condition of the Loan Parties. Each of the Note Representative Noteholder Agent and the ABL Representative Lender hereby assume 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 Note Indenture Obligations. The Note Representative Noteholder Agent and the ABL Representative Lender 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 (except as otherwise provided in the ABL Documents and Note Indenture Documents). In the event the Note Representative Noteholder Agent or the ABL RepresentativeLender, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.
Appears in 1 contract
Samples: Intercreditor Agreement (SAExploration Holdings, Inc.)