Information Concerning Financial Condition. (a) Each Senior Agent, for itself and on behalf of the other applicable Senior Claimholders, hereby assumes responsibility for keeping itself informed of the financial condition of the Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Obligations and agrees that the Subordinated Agent has and shall have no duty to advise Senior Agent or any other Senior Claimholder of information known to the Subordinated Agent or any other Subordinated Claimholder regarding such condition or any such circumstances. In the event that the Subordinated Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to any Senior Agent or any other Senior Claimholder, then the Subordinated Agent shall not be under any obligation (i) to provide any such information to any Senior Agent or any other Senior Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, the Subordinated Agent wishes to maintain confidential. Each Senior Agent, for itself and the other applicable Senior Claimholders, acknowledges and agrees that neither the Subordinated Agent nor any other Subordinated Claimholder has made any warranties or representations with respect to the legality, validity, enforceability, collectibility or perfection of the Subordinated Obligations or any liens or security interests held in connection therewith.
Appears in 2 contracts
Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.), Senior Term Loan Credit Agreement (Bumble Bee Capital Corp.)
Information Concerning Financial Condition. (a) Each of Senior Agent, for itself Agent and on behalf of the other applicable Senior Claimholders, Subordinated Agent hereby assumes assume responsibility for keeping itself informed of the financial condition of the Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Creditor Indebtedness or the Subordinated Creditor Indebtedness, as applicable. Subordinated Agent hereby agrees that Senior Agent has and shall have no duty to advise Subordinated Agent of information known to Senior Agent or any other Senior Creditor regarding such condition or any such circumstances. Senior Agent hereby agrees that the Subordinated Agent has and shall have no duty to advise Senior Agent or any other Senior Claimholder Creditor of information known to the Subordinated Agent or any other Subordinated Claimholder regarding such condition or any such circumstancescircumstance. In the event that the Senior Agent, or Subordinated Agent, each in its sole discretion, undertakes, at any time or from time to time, to provide any such information to any Subordinated Agent or to Senior Agent or any other Senior Claimholder(as applicable), then the neither Senior Agent nor Subordinated Agent (as applicable) shall not be under any obligation (i) to provide any such information to any Senior Agent or any other Senior Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, the Senior Agent or Subordinated Agent in its capacity solely as a Subordinated Agent, as applicable, wishes to maintain confidential. Each Senior Subordinated Agent, for itself and the other applicable Senior Claimholders, acknowledges and agrees that neither the Subordinated Senior Agent nor any other Subordinated Claimholder Senior Creditor has made any warranties or representations with respect to the legality, validity, enforceability, collectibility or perfection of the Senior Creditor Indebtedness or any liens or security interests held in connection therewith. Senior Agent acknowledges and agrees that Subordinated Obligations Agent in its capacity solely as a Subordinated Agent has not made any warranties or representations with respect to the legality, validity, enforceability, collectibility or perfection of the Subordinated Creditor Indebtedness or any liens or security interests held in connection therewith.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Buca Financing LLC)
Information Concerning Financial Condition. (a) Each Senior Secured Agent, for itself and on behalf of the other applicable Senior Secured Claimholders, hereby assumes responsibility for keeping itself informed of the financial condition of the Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Secured Obligations and agrees that the Junior Subordinated Agent has and shall have no duty to advise Senior any Secured Agent or any other Senior Secured Claimholder of information known to the Junior Subordinated Agent or any other Junior Subordinated Claimholder regarding such condition or any such circumstances. In the event that the Junior Subordinated Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to any Senior Secured Agent or any other Senior Secured Claimholder, then the Junior Subordinated Agent shall not be under any obligation (i) to provide any such information to any Senior Secured Agent or any other Senior Secured Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, the Junior Subordinated Agent wishes to maintain confidential. Each Senior Secured Agent, for itself and the other applicable Senior Secured Claimholders, acknowledges and agrees that neither the Junior Subordinated Agent nor any other Junior Subordinated Claimholder has made any warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Junior Subordinated Obligations or any liens or security interests held in connection therewith.
Appears in 1 contract
Samples: Subordination Agreement (Nuverra Environmental Solutions, Inc.)
Information Concerning Financial Condition. (a) Each The Senior Agent, for itself and on behalf of the other applicable Senior Claimholders, hereby assumes responsibility for keeping itself informed of the financial condition of the Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Obligations and agrees that the Subordinated Agent has and shall have no duty to advise Senior Agent or any other Senior Claimholder of information known to the Subordinated Agent or any other Subordinated Claimholder regarding such condition or any such circumstances. In the event that the Subordinated Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to any the Senior Agent or any other Senior Claimholder, then the Subordinated Agent shall not be under any obligation (i) to provide any such information to any the Senior Agent or any other Senior Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, the Subordinated Agent wishes to maintain confidential. Each The Senior Agent, for itself and the other applicable Senior Claimholders, acknowledges and agrees that neither the Subordinated Agent nor any other Subordinated Claimholder has made any warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Subordinated Obligations or any liens or security interests held in connection therewith.
Appears in 1 contract
Samples: Subordination and Intercreditor Agreement (Nuverra Environmental Solutions, Inc.)
Information Concerning Financial Condition. (a) Each Senior Agent, for itself and on behalf of the other applicable Senior Claimholders, hereby assumes responsibility for keeping itself informed of the financial condition of the Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Obligations and agrees that the no Subordinated Agent Creditor has and shall have no any duty to advise Senior Agent or any other Senior Claimholder of information known to the such Subordinated Agent Creditor or any other Subordinated Claimholder regarding such condition or any such circumstances. In the event that the any Subordinated AgentCreditor, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to any Senior Agent or any other Senior Claimholder, then the such Subordinated Agent Creditor shall not be under any obligation (i) to provide any such information to any Senior Agent or any other Senior Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, the such Subordinated Agent Creditor wishes to maintain confidential. Each Senior Agent, for itself and the other applicable Senior Claimholders, acknowledges and agrees that neither none of the Subordinated Agent nor Creditors or any other Subordinated Claimholder has made any warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Subordinated Obligations or any liens or security interests held in connection therewith.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Global Telecom & Technology, Inc.)