Information Concerning the Borrower. The Guarantors assume all responsibility for being and keeping themselves informed of the financial condition and assets of the Borrower, the other Guarantors and their respective Subsidiaries, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks which the Guarantors assume and insure hereunder, and agree that neither the Administrative Agent, any Lender nor any other Secured Party shall have any duty to advise the Guarantors of information known to the Administrative Agent, any such Lender or any such other Secured Party regarding or in any manner relevant to any of such circumstances or risks.
Information Concerning the Borrower. (a) The Borrower shall deliver to the Bank: (i) as soon as they become available but in any event within 90 days after the end of each of its financial years (and for the financial year ending on 31 December 2019, 120 days after the end of this financial year) its audited consolidated and unconsolidated annual report, balance sheet, cash flow statement, profit and loss account and auditors report for that financial year; and (ii) as soon as they become available but in any event within 60 days after the end of each of the relevant accounting periods its interim consolidated and unconsolidated semi-annual report, balance sheet, profit and loss account and cash flow statement for the first half-year of each of its financial years; (iii) from time to time, such further information, evidence or document concerning its general financial situation or such certificates of compliance with the undertakings of Article 7 (Borrower undertakings and representations) the factual information or documents provided to the Bank for the purposes of entering into this Contract as the Bank may deem necessary or may reasonably require to be provided within a reasonable time; and (iv) any such information or further document concerning customer due diligence matters of, or for, the Borrower to comply with “Know your customer” (KYC) or similar identification procedures as the Bank may deem necessary or may reasonably require to be provided within a time; (b) The Borrower shall inform the Bank immediately of: (i) any Event of Default having occurred or being threatened or anticipated; (ii) to the extent permitted by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief is current, threatened or pending: (1) against the Borrower or its controlling entities or members of the Borrower's management bodies in connection with Illegal Activities related to the Loan or the Investment; or
Information Concerning the Borrower. The Guarantors assume all responsibility for being and keeping themselves informed of the financial condition and assets of the Borrower, the other Guarantors and their respective Subsidiaries, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks which the Guarantors assume and insure hereunder, and agree that neither the Administrative Agent nor any Lender shall have any duty to advise the Guarantors of information known to the Administrative Agent or any such Lender regarding or in any manner relevant to any of such circumstances or risks.
Information Concerning the Borrower. Each of ComVest and MTB hereby assumes responsibility for keeping itself informed of the financial condition of the Borrower and of all other circumstances bearing upon the risk of non-payment of the ComVest Obligations and/or the MTB Obligations that diligent inquiry would reveal, and each party hereby agrees that, except to the extent expressly provided in this Agreement, the other party shall have no duty to advise of information known to the other party regarding such condition or any such circumstances. In the event that either party, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the other party, such party shall be under no obligation (a) to provide any such information on any subsequent occasion, or (b) to undertake any investigation not a part of its regular business routine.
Information Concerning the Borrower. The Borrower shall:
Information Concerning the Borrower. The Borrower shall:
(i) deliver to the Guarantor each year, within one month of publication, its annual report, balance sheet, profit and loss statement and auditor’s report in the form required to be provided to the Bank under Clause 8.02(a) of the Finance Contract; and
(ii) inform the Guarantor: · • immediately of any material alteration to its statute or other constitutional documents, of any substantial change in the ownership of its capital or legal character of its capital and of any actual or expected Loss of Control Event (as defined in Article 4.03 of the Finance Contract); • immediately of any decision made by it for any reason to it to prepay any loan granted to it for a term of more than five (5) years or of any fact which obliges it or any demand made to it to prepay any other loan or financial indebtedness; • immediately of any intention on its part to create any security interest over any of its assets in favour of a third party; and • generally of any fact or event which might prevent the fulfilment of any obligation of the Borrower under this Counter Indemnity Agreement.
Information Concerning the Borrower. The Lender confirms that it has obtained all permissions or approvals from the Borrower necessary or desirable to enable the Guarantor and each Guarantor Related Party to exercise its rights, or perform its obligations, under the EMFS Guarantee (including its rights under Clauses 8.2 (Monitoring and audit) and 10.3 (Information) of the Agreement), in each case no later than the date the Application Letter is submitted by the Borrower and the Lender.
Information Concerning the Borrower. The Borrower will furnish to the Administrative Agent at least five (5) days’ prior written notice of any change in (a) its legal name or jurisdiction of incorporation or formation, (b) the location of its chief executive office or its principal place of business, or (c) its Federal Taxpayer Identification Number.
Information Concerning the Borrower. Solely for the purpose of this ----------------------------------- Rollover Agreement and the Warrants, and not for any other purpose whatsoever:
(i) The Lender is familiar with the business and financial condition, properties, operations and prospects of the Borrower.
(ii) The Lender has been given full access to all material information concerning the condition, properties, operations and prospects of the Borrower. The Lender and its advisors (if any) have had an opportunity to ask questions of, and to receive information from, the Borrower and persons acting on its behalf concerning the terms and conditions of the Lender's investment in the Securities, and to obtain any additional information necessary to verify the accuracy of the information and data received by the Lender. The Lender is satisfied that there is no material information concerning the condition, properties, operations and prospects of the Borrower of which the Lender is unaware.
(iii) The Lender has made, either alone or together with its advisors (if any), such independent investigation of the Borrower, its management, and related matters as the Lender deems to be, or the Lender's advisors (if any) have advised to be, necessary or advisable in connection with this investment; and the Lender and its advisors (if any) have received all information and data which the Lender and its advisors (if any) believe to be necessary in order to reach an informed decision as to the advisability of investing in the Securities.
(iv) The Lender understands that all the Lender's representations and warranties contained in this Rollover Agreement will be deemed to have been reaffirmed and confirmed as of the Closing.
(v) The Lender understands that acceptance of the Securities involves various risks, including the risk that it is unlikely that any market will exist for any resale of the Securities, the Warrant Shares or the Conversion Shares and that resale of the Securities, the Warrant Shares or the Conversion Shares will be restricted as herein provided.
Information Concerning the Borrower. The Borrower shall:
(a) deliver to the Bank:
(i) each year within 1 (one) month after their publication / of their approval by City Council but in no case later than 30 June, a copy of its annual report including but not limited to its balance sheet, cash flow statement, profit and loss account and auditors statement for that financial year together with other relevant documentation as set forth in Finnish law applicable to the Borrower together with a Compliance Certificate as set out in Schedule E.A.2 signed by authorised representative of the Borrower confirming compliance by the Borrower with the financial covenants pursuant to Article 4.3.A(4) and with evidence of such compliance and related calculations; and
(ii) from time to time, such further information, evidence or document concerning:
(1) its general financial situation or such certificates of compliance with the undertakings of Article 6;
(2) the compliance with the due diligence requirements of the Bank for the Borrower, including, but not limited to "know your customer" (KYC) or similar identification and verification procedures; as the Bank may deem necessary or may reasonably require to be provided within a reasonable time; and
(b) inform the Bank immediately of:
(i) any material modification of an act or other legal prescription (including without limitation, the Local Government Act) relating to its constitutional position, territory, budget, financing or responsibilities in particular and of any proposal or decision known to it which envisages the introduction of such modification;
(ii) any fact which obliges it to prepay any financial indebtedness or any European Union funding;
