Common use of Information Concerning Financial Condition Clause in Contracts

Information Concerning Financial Condition. Each of Senior Agent and Subordinated Agent hereby assume responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior 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 Senior Creditor of information regarding such condition or any such circumstance. In the event that 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 Subordinated Agent or to Senior Agent (as applicable), then neither Senior Agent nor Subordinated Agent (as applicable) shall be under any obligation (i) to provide any such information on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, Senior Agent or Subordinated Agent in its capacity solely as a Subordinated Agent, as applicable, wishes to maintain confidential. Subordinated Agent, acknowledges and agrees that neither Senior Agent nor any other 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 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.

Information Concerning Financial Condition. (a) Each Secured Agent, for itself and on behalf of Senior Agent and Subordinated Agent the other applicable Secured Claimholders, hereby assume 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 Creditor Indebtedness or the Subordinated Creditor Indebtedness, as applicable. Subordinated Agent hereby agrees that Senior Agent has Secured Obligations 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 Junior Subordinated Agent has and shall have no duty to advise Senior any Secured Agent or any Senior Creditor other Secured Claimholder of information known to the Junior Subordinated Agent or any other Junior Subordinated Claimholder regarding such condition or any such circumstancecircumstances. In the event that Senior Agent, or the Junior Subordinated Agent, each in its sole discretion, undertakes, at any time or from time to time, to provide any such information to any Secured Agent or any other Secured Claimholder, then the Junior Subordinated Agent or to Senior Agent (as applicable), then neither Senior Agent nor Subordinated Agent (as applicable) shall not be under any obligation (i) to provide any such information to any Secured Agent or any other Secured Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, Senior Agent or the Junior Subordinated Agent in its capacity solely as a Subordinated Agent, as applicable, wishes to maintain confidential. Subordinated Each Secured Agent, for itself and the other applicable Secured Claimholders, acknowledges and agrees that neither Senior the Junior Subordinated Agent nor any other Senior Creditor Junior Subordinated Claimholder has made any warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Senior Creditor Indebtedness Junior Subordinated Obligations or any liens or security interests held in connection therewith. (b) Each Junior Subordinated Claimholder 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 Junior Subordinated Obligations, and agrees that no Secured Agent has and shall have any duty to advise the Junior Subordinated Agent or any other Junior Subordinated Claimholder of information known to such Secured Agent or any Secured Claimholder regarding such condition or any such circumstances. Senior In the event that any Secured Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the Junior Subordinated Agent or any Junior Subordinated Claimholder, then such Secured Agent shall not be under any obligation (i) to provide any such information to the Junior Subordinated Agent or any other Junior Subordinated Claimholder on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, such Secured Agent wishes to maintain confidential. Each Junior Subordinated Claimholder acknowledges and agrees that Subordinated no Secured Agent in its capacity solely as a Subordinated Agent has not nor any other Secured Claimholders have made any warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Subordinated Creditor Indebtedness Secured Obligations or any liens or security interests held in connection therewith.

Information Concerning Financial Condition. Each of Senior Junior Lien Agent and Subordinated Agent each Junior Lien Lender hereby assume assumes responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Creditor Indebtedness or the Subordinated Creditor Junior Lien Indebtedness, as applicable. Subordinated Agent hereby and agrees that Senior Lien Agent has and the Senior Lien Lenders have and shall have no duty to advise Subordinated Junior Lien Agent or any Junior Lien Lender of information known to Senior Lien Agent or any other Senior Creditor Lien Lender regarding such condition or any such circumstances. In the event Senior Agent hereby agrees that the Subordinated Agent has and shall have no duty to advise Senior Lien Agent or any Senior Creditor of information regarding such condition or any such circumstance. In the event that Senior AgentLien Lender, or Subordinated Agent, each in its their sole discretion, undertakesundertake, at any time or from time to time, to provide any such information to Subordinated Junior Lien Agent or to the Junior Lien Lenders, none of Senior Lien Agent (as applicable), then neither or the Senior Agent nor Subordinated Agent (as applicable) Lien Lenders shall be under any obligation (i) to provide any such information to Junior Lien Agent or Junior Lien Lenders on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, Senior Lien Agent or Subordinated Agent in its capacity solely as a Subordinated Agent, as applicable, any Senior Lien Lender wishes to maintain confidential. Subordinated Junior Lien Agent, on behalf of itself and the Junior Lien Lenders, acknowledges and agrees that neither none of Senior Lien Agent nor or any other Senior Creditor Lien Lender has made any warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Senior Creditor Indebtedness or any liens or security interests held in connection therewith. Senior Agent acknowledges and agrees that Subordinated 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 Lien Indebtedness or any liens or security interests held in connection therewith.

Information Concerning Financial Condition. Each of Senior Agent and Subordinated a. Junior Agent hereby assume assumes responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Creditor Indebtedness or the Subordinated Creditor Junior Indebtedness, as applicable. Subordinated Agent hereby and agrees that Senior Agent has and shall have no duty to advise Subordinated Junior 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 Senior Creditor of information regarding such condition or any such circumstance. In the event that 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 Subordinated Agent or to Junior Agent, Senior Agent (as applicable), then neither Senior Agent nor Subordinated Agent (as applicable) shall be under any no obligation (i) to provide any such information to Junior Agent on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, Senior Agent or Subordinated Agent in its capacity solely as a Subordinated Agent, as applicable, wishes to maintain confidential. Subordinated Agent, Junior Agent acknowledges and agrees that neither Senior Agent nor any other Senior Creditor has made any no warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Senior Creditor Indebtedness or any liens or security interests held in connection therewith. b. Senior Agent hereby assumes responsibility for keeping itself informed of the financial condition of Obligors and of all other circumstances bearing upon the risk of nonpayment of the Senior Indebtedness, and agrees that Junior Agent has and shall have no duty to advise Senior Agent of information known to Junior Agent regarding such condition or any such circumstances. In the event Junior Agent, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to Senior Agent, Junior Agent shall be under no obligation (i) to provide any such information to Senior Agent on any subsequent occasion, (ii) to undertake any investigation, or (iii) to disclose any information which, pursuant to its commercial finance practices, Junior Agent wishes to maintain confidential. Senior Agent acknowledges and agrees that Subordinated Agent in its capacity solely as a Subordinated Junior Agent has not made any no warranties or representations with respect to the legality, validity, enforceability, collectibility collectability or perfection of the Subordinated Creditor Junior Indebtedness or any liens or security interests held in connection therewith.