Common use of Information Clause in Contracts

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 42 contracts

Samples: Term Facility Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Community Health Systems Inc), Credit Agreement (Ceridian HCM Holding Inc.)

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Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets of the Loan Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 39 contracts

Samples: Credit Agreement (STORE CAPITAL Corp), Guaranty (Spirit Realty Capital, Inc.), Guaranty (Spirit Realty Capital, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 30 contracts

Samples: Intercreditor Agreement (Pennsylvania Real Estate Investment Trust), Intercreditor Agreement (Pennsylvania Real Estate Investment Trust), Credit Agreement (Pennsylvania Real Estate Investment Trust)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 23 contracts

Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Lexington Realty Trust), Guaranty (Saul Centers Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 22 contracts

Samples: Guarantee and Collateral Agreement (Dennys Corp), Second Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Guarantee and Collateral Agreement (Ami Celebrity Publications, LLC)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 20 contracts

Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (Chemours Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 19 contracts

Samples: Collateral Agreement (Blue Buffalo Pet Products, Inc.), Collateral Agreement (Blue Bird Corp), Credit Agreement (Amplify Snack Brands, INC)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 16 contracts

Samples: Guarantee and Collateral Agreement (Nuance Communications, Inc.), Possession Credit Agreement (Verso Paper Holdings LLC), Guarantee and Collateral Agreement (Affinion Group, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 15 contracts

Samples: Term Guarantee Agreement (Installed Building Products, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.), Credit Agreement (Invacare Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Administrative Agent nor any of the other Secured Party will Guarantied Parties shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 14 contracts

Samples: Fourth Amended (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Administrative Agent nor any other Secured Party will of the Guarantied Parties shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 14 contracts

Samples: And Consolidated Credit Agreement (First Potomac Realty Trust), Subsidiary Guaranty (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 13 contracts

Samples: Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.), Credit Agreement (Altice USA, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 12 contracts

Samples: Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Mac-Gray Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Administrative Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 11 contracts

Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.), Guarantee Agreement (T-Mobile US, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s 's and each other Loan Party’s 's financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 10 contracts

Samples: Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Wix Filtration Media Specialists, Inc.), Guarantee and Collateral Agreement (Land O Lakes Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of each of the Borrower’s Borrowers’ and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor Agents or any other Secured Party Lender will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 10 contracts

Samples: Subsidiary Guarantee Agreement, Credit Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 10 contracts

Samples: Amendment Agreement (Gci, LLC), Amendment Agreement (Gci Liberty, Inc.), Credit and Guarantee Agreement (Gci Liberty, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Credit Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 10 contracts

Samples: Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Mach Natural Resources Lp), Credit Agreement (Talos Energy Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 9 contracts

Samples: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Term Loan Agreement (Willis Group Holdings PLC), Guarantee Agreement (American Axle & Manufacturing Holdings Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured no Guaranteed Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 9 contracts

Samples: Revolving Credit Agreement (SoFi Technologies, Inc.), Security Agreement (Uber Technologies, Inc), Security Agreement (Uber Technologies, Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 8 contracts

Samples: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement (Cbre Group, Inc.), Credit Agreement (Cbre Group, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, hereunder and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 8 contracts

Samples: Credit Agreement (United Surgical Partners International Inc), Guarantee and Collateral Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets of the Borrower and each other, Loan Party, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 8 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Claires Stores Inc), Intercreditor Agreement (Claires Stores Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such each Guarantor assumes and incurs hereunderunder this Guaranty, and agrees that neither the Collateral Agent nor any other no Secured Party will shall have any duty to advise such any Guarantor of information known to it or any of them regarding such those circumstances or risks.

Appears in 8 contracts

Samples: Credit Agreement (iHeartMedia, Inc.), Credit Agreement (iHeartMedia, Inc.), Credit Agreement

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s Parties’ financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any other or the Secured Party Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 8 contracts

Samples: Subsidiary Guaranty Agreement (Healthstream Inc), And Term Loan Agreement (Bristow Group Inc), Subsidiary Guaranty Agreement (Kayne Anderson Energy Development Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 8 contracts

Samples: Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Credit Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Guaranty (Tilly's, Inc.), Guaranty (Tilly's, Inc.), Guaranty (Tilly's, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Security Agreement (Houghton Mifflin Harcourt Co), Security Agreement (Houghton Mifflin Harcourt Co), Patent Security Agreement (Claires Stores Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the BorrowerCompany’s and each other Loan Credit Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Reaffirmation Agreement (Goodyear Tire & Rubber Co /Oh/), First Lien Guarantee and Collateral Agreement (Goodyear Tire & Rubber Co /Oh/), Execution Version (Goodyear Tire & Rubber Co /Oh/)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Guaranteed Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Agreement and Security Agreement (Bloomin' Brands, Inc.), Guarantee Agreement (Michaels Stores Inc), Credit Agreement (Bloomin' Brands, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Parent Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Master Guarantee Agreement, Collateral Agreement (SMART Global Holdings, Inc.), Collateral Agreement (SMART Global Holdings, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Collateral Agreement (Pathfinder Acquisition Corp), Guarantee Agreement (Vacasa, Inc.), Guarantee Agreement (EverCommerce Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself reasonably informed of the Borrower’s and each other Loan PartyGrantor’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Loan Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Loan Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Term Loan Agreement (CDW Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral no Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 7 contracts

Samples: Intercreditor Agreement (PET Acquisition LLC), Guarantee and Collateral Agreement (PET Acquisition LLC), Intercreditor Agreement (PET Acquisition LLC)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of each Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 6 contracts

Samples: And Collateral Agreement (TRW Automotive Holdings Corp), Credit Agreement (Dresser Inc), Guarantee and Collateral Agreement (TRW Automotive Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s Parties’ financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any other Secured Party or the Lenders will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 6 contracts

Samples: Pledge Agreement (Maximus Inc), Pledge Agreement (Heico Corp), Subsidiary Guaranty Agreement (Easylink Services International Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of each of the Borrower’s Borrowers’ and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor or any other Secured Party Lender will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 6 contracts

Samples: Subsidiary Guarantee Agreement (Molson Coors Beverage Co), Subsidiary Guarantee Agreement, Subsidiary Guarantee Agreement (Molson Coors Brewing Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral no Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 6 contracts

Samples: Collateral Agreement (AZEK Co Inc.), Guarantee and Collateral Agreement (CPG Newco LLC), Term Loan Guarantee and Collateral Agreement (CPG Newco LLC)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets of the Other Loan Parties, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor Administrative Agent, any other Secured Party Agent or the other Finance Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Security Agreement (MKS Instruments Inc), Security Agreement (Albany Molecular Research Inc), Credit Agreement (Global Cash Access Holdings, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of each Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the its Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Credit Agreement (Celanese CORP), Collateral Agreement (Celanese CORP), Guarantee and Collateral Agreement (Celanese CORP)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s 's and each other Loan Party’s 's financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Epmr Corp), Credit Agreement (Spheris Operations Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor or any other Secured Party Lender will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Term Loan Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC), Collateral Agreement (TransDigm Group INC)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Security Agreement (MSG Entertainment Spinco, Inc.), Security Agreement (MSG Entertainment Spinco, Inc.), Security Agreement (Madison Square Garden Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the BorrowerCompany’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent Guarantied Party nor any other Secured Party Beneficiary will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: www.sec.gov, Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Express Scripts Holding Co.)

Information. Each Loan Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Obligated Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such each Loan Guarantor assumes and incurs hereunderunder this Loan Guaranty, and agrees that neither the Collateral Agent nor any other Secured Party will Lender shall not have any duty to advise such any Loan Guarantor of information known to it or any of them regarding such those circumstances or risks.

Appears in 5 contracts

Samples: Execution Version     Export Credit Agreement (Sifco Industries Inc), Execution Copy     Credit Agreement (Sifco Industries Inc), Revolving Loan Credit Agreement (Servicesource International, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Intercreditor Agreement (CAESARS ENTERTAINMENT Corp), Credit Agreement (Vici Properties Inc.), Credit Agreement (Caesars Acquisition Co)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Credit Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Joinder Agreement (Quiksilver Inc), Joinder Agreement (Quiksilver Inc), Security Agreement (Quiksilver Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrowers and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Credit Agreement (Lepercq Corporate Income Fund L P), Term Loan Agreement (Lexington Realty Trust), Credit Agreement (Lexington Realty Trust)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Credit Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc), Guarantee Agreement (Solutia Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Administrative Agent nor any other Secured Credit Party will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Credit Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co), Guaranty Agreement (Tiffany & Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of each of the Borrower’s Borrowers' and each other Loan Party’s 's financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor Agents or any other Secured Party Lender will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 5 contracts

Samples: Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s 's and each other Loan Party’s 's financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Borrower Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Dex Media West LLC), Guarantee and Collateral Agreement (Dex Media International Inc), Guarantee and Collateral Agreement (Dex Media Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement, Guaranty Agreement (Willis Towers Watson PLC)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of each of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Borrower Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Credit Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s Parties’ financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any other Secured Party or the Guaranteed Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Pledge Agreement (Strayer Education Inc), Revolving Credit Agreement (Strayer Education Inc), Subsidiary Guaranty Agreement (JTH Holding, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each Borrower’s and each other Loan Credit Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc), Lease Agreement (Compass Minerals International Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Company and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Credit Agreement (Verso Corp), Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (Verso Quinnesec REP Holding Inc.)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s Parties’ financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any other Secured Party Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guarantee Agreement, Amended and Restated Guarantee Agreement (GrafTech Holdings Inc.), Guarantee Agreement (Graftech International LTD)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s Borrowers’ and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Mac-Gray Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Credit Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, hereunder and agrees that neither none of the Collateral Agent nor any or the other Secured Party Creditors will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Guaranty and Collateral Agreement (HUGHES Telematics, Inc.)

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Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s Parties' financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any other Secured Party or the Lenders will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Bridge Loan Agreement (Kaneb Services LLC), Revolving Credit Agreement (Kaneb Pipe Line Partners L P), Subsidiary Guarantee Agreement (Kaneb Pipe Line Partners L P)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrowers and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Lease Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc), Guarantee and Collateral Agreement (Chart Industries Inc)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s and their respective subsidiaries’ financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Credit Agreement (ChampionX Corp), Collateral Agreement (Allegion PLC), Guarantee and Collateral Agreement (Affinia Group Intermediate Holdings Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s Borrowers' and each other Loan Party’s 's financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Mac-Gray Corp), Guarantee and Collateral Agreement (Dennys Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself reasonably informed of the each Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations or Parent Borrower Guaranteed Obligations, as applicable, and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (VWR Corp), Guarantee and Collateral Agreement (VWR Funding, Inc.), Guarantee and Collateral Agreement (VWR Funding, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets of the Credit Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guaranty (Energy Transfer LP), Guaranty (Energy Transfer Partners, L.P.), Guaranty (Energy Transfer Partners, L.P.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assess and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: First Lien Guarantee and Collateral Agreement (STR Holdings LLC), First Lien Guarantee and Collateral Agreement (STR Holdings, Inc.), First Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC)

Information. Each Guarantor of the Guarantors assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets of the Other Loan Parties and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent, any other Agent nor or any other Secured Party will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guaranty (Steinway Musical Instruments Holdings, Inc.), Guaranty (Steinway Musical Instruments Holdings, Inc.), Guaranty (Steinway Musical Instruments Holdings, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations Obligations, and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Credit Agreement (Orbitz Worldwide, Inc.), Encore Medical, L.P., ReAble Therapeutics Finance LLC

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Company and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Credit Agreement Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Credit Agreement Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Credit Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks. Section 16.

Appears in 3 contracts

Samples: Saul Centers, Inc., Credit Agreement (Saul Centers Inc), Saul Centers Inc

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Term Credit Agreement (Fossil Group, Inc.), Credit Agreement (Shutterfly Inc), Credit Agreement (Netscout Systems Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Loan Agreement (Supermedia Inc.), Guarantee Agreement (Level 3 Communications Inc), Guarantee Agreement (Level 3 Communications Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guarantee Agreement (Hexion Inc.), Guarantee Agreement, Guarantee Agreement (Momentive Performance Materials Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s Borrowers’ and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Security Agreement (Clear Channel Communications Inc), Intercreditor Agreement (CC Media Holdings Inc), Guarantee and Collateral Agreement (Dennys Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, in each case as diligent inquiry would reveal, and agrees that neither the Collateral Administrative Agent nor any other Secured Guaranteed Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guarantee Agreement (Noble Midstream Partners LP), Guarantee Agreement (Noble Midstream Partners LP), Guarantee Agreement (Hess Midstream Partners LP)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Borrower Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Holdings Corp.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Massey Energy Co), Guarantee and Collateral Agreement (Alpha Natural Resources, Inc.), Guarantee and Collateral Agreement (Foundation Coal Holdings, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Loan Document Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 3 contracts

Samples: Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.), Guarantee and Security Agreement (National Mentor Holdings, Inc.)

Information. Each The Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s (as applicable) financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such the Guarantor assumes and incurs hereunder, hereunder and (b) agrees that neither none of the Collateral Agent nor any Sellers’ Representative or the other Secured Party Parties will have any duty to advise such the Guarantor of information known to it or any of them regarding such circumstances or risks. SECTION 2.07. [Reserved]. SECTION 2.08.

Appears in 2 contracts

Samples: Execution Version Guarantee and Collateral Agreement (Knowles Corp), Purchase and Sale Agreement (Knowles Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such each Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such each Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guaranty Agreement (FDO Holdings, Inc.), Guaranty Agreement

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any Agents or the other Secured Party Credit Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Intercreditor Agreement (Albertsons Companies, Inc.), Guaranty (Foot Locker Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, in each case as diligent inquiry would reveal, and agrees that neither the Collateral Administrative Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Assignment and Acceptance (Hess Midstream Partners LP), Assignment and Acceptance (Hess Midstream Partners LP)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Guaranteed Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Credit Agreement (SMURFIT-STONE CONTAINER Corp), Credit Agreement (Smurfit Stone Container Corp)

Information. Each The Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such the Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such the Guarantor of information known to it or any of them regarding such circumstances or risks. Section 16.

Appears in 2 contracts

Samples: Credit Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Information. Each The Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition of the Borrower and each the other Loan Party’s financial condition and assets Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such the Guarantor assumes and incurs hereunder, and agrees that neither of the Collateral Administrative Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such the Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: And Consolidated Credit Agreement (Equity Lifestyle Properties Inc), And Consolidated Guaranty (Equity Lifestyle Properties Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Virtus Investment Partners, Inc. Guarantee Agreement Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor any of the Guarantors of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Security Agreement (Virtus Investment Partners, Inc.), Agreement (Virtus Investment Partners, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself reasonably informed of the Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the any Collateral Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Nuveen Investments Holdings, Inc.), Credit Agreement (Nuveen Investments Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s Parties’ financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any other Secured Party or the Lenders will have any duty to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guaranty Agreement (Oneok Inc /New/), Guaranty Agreement (ONEOK Partners LP)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of each of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Harman International Industries Inc /De/), Guarantee and Collateral Agreement (Harman International Industries Inc /De/)

Information. Each The Guarantor assumes all responsibility for being ----------- and keeping itself informed of the Borrower’s 's and each other Loan Party’s 's financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such the Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Credit Agreement (Leap Wireless International Inc), Collateral Agency and Intercreditor Agreement (Leap Wireless International Inc)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Secured Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guarantee Agreement (Usg Corp), Guarantee Agreement (Usg Corp)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets of the Loan Parties, and of all other circumstances bearing upon the risk of nonpayment of any of the Guarantied Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Guarantied Party will shall have any duty whatsoever to advise such any Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guaranty (Pennsylvania Real Estate Investment Trust), Guaranty (Pennsylvania Real Estate Investment Trust)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Guaranteed Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.. ARTICLE III

Appears in 2 contracts

Samples: Guarantee Agreement (Belo Corp), Guarantee Agreement (Belo Corp)

Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s and their subsidiaries’ financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and (b) agrees that neither none of the Collateral Administrative Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Credit Agreement (SVMK Inc.), Credit Agreement (SVMK Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s, the Co-Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any or the other Secured Party Parties will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)

Information. Each The Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets assets, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks that such the Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Agent nor any Agents or the other Secured Party Credit Parties will have any duty to advise such the Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guaranty (Big 5 Sporting Goods Corp), Guaranty (Rue21, Inc.)

Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s financial condition and assets of the Borrower and each other Loan Party’s financial condition and assets , and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that such Guarantor assumes and incurs hereunder, and agrees that neither none of the Collateral Administrative Agent nor any other Secured Party or the Lenders will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Guaranty Agreement (Frank's International N.V.), Guaranty Agreement (Frank's International N.V.)

Information. Each The Borrower and each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s and each other Loan Party’s financial condition and assets and of all other circumstances bearing upon the risk of nonpayment of the Obligations and the nature, scope and extent of the risks that the Borrower and such Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Administrative Agent nor any other Secured Party will have any duty to advise such Guarantor of information known to it or any of them regarding such circumstances or risks.

Appears in 2 contracts

Samples: Credit Agreement (SunCoke Energy, Inc.), Credit Agreement (SunCoke Energy, Inc.)

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