Information Concerning Financial Condition. Each of Senior Lender and Subordinated Lender hereby acknowledges that the other has no obligation to keep it informed of the financial condition of Debtor or of other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or Subordinated Indebtedness. Each of Senior Lender and Subordinated Lender hereby agrees that the other shall have no duty to advise it of information known to it regarding such condition or any such circumstances. In the event Senior Lender or Subordinated Lender (the “providing party”), in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the other (the “receiving party”), the providing party shall be under no obligation to (a) provide any such information to the receiving party on any subsequent occasion, (b) undertake any investigation not a part of its regular business routine, or (c) disclose any information that, pursuant to its commercial finance practices, the providing party wishes to maintain as confidential. Notwithstanding the foregoing, this Section 14 is subject to the notices required by Section 16 of this Agreement.
Appears in 2 contracts
Samples: Intercreditor and Subordination Agreement, Intercreditor and Subordination Agreement (Levine Leichtman Capital Partners Ii Lp)
Information Concerning Financial Condition. Each of Senior Lender and Subordinated Lender hereby acknowledges that the other has no obligation to keep it informed of the financial condition of Debtor or of other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or Subordinated Indebtedness. Each of Senior Lender and Subordinated Lender hereby agrees agree that the other shall have no duty to advise it of information known to it regarding such condition or any such circumstances. In the event Senior Lender or Subordinated Lender (the “"providing party”"), in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the other (the “"receiving party”"), the providing party shall be under no obligation to (a) provide any such information to the receiving party on any subsequent occasion, (b) undertake any investigation not a part of its regular business routine, or (c) disclose any information that, pursuant to its commercial finance practices, the providing party wishes to maintain as confidential. Notwithstanding the foregoing, this Section 14 is subject to the notices required by Section 16 of this Agreement.as
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Overhill Farms Inc)
Information Concerning Financial Condition. Each of Senior ------------------------------------------ Lender and Subordinated Lender hereby acknowledges that the other has no obligation to keep it informed of the financial condition of Debtor or of other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness or Subordinated Indebtedness. Each of Senior Lender and Subordinated Lender hereby agrees agree that the other shall have no duty to advise it of information known to it regarding such condition or any such circumstances. In the event Senior Lender or Subordinated Lender (the “"providing party”"), in its sole discretion, --------------- undertakes, at any time or from time to time, to provide any such information to the other (the “"receiving party”"), the providing party shall be under no --------------- obligation to (a) provide any such information to the receiving party on any subsequent occasion, (b) undertake any investigation not a part of its regular business routine, or (c) disclose any information that, pursuant to its commercial finance practices, the providing party wishes to maintain as confidential. Notwithstanding the foregoing, this Section 14 20 is subject to the ---------- notices required by Section 16 22 of this Agreement.. ----------
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Polyphase Corp)