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.)
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 41 contracts
Samples: Subsidiary Guaranty (ExchangeRight Income Fund), Credit Agreement (STORE CAPITAL Corp), 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: First Lien Credit Agreement (Pennsylvania Real Estate Investment Trust), Second Lien Credit 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 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 24 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (DENNY'S Corp), Guarantee and Collateral Agreement (Dennys 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.
Appears in 23 contracts
Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Lexington Realty Trust), Guaranty (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 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: Credit Agreement (Blue Buffalo Pet Products, Inc.), Credit 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.), Superpriority Secured Debtor in Possession Credit Agreement (Verso Paper Holdings LLC), Credit 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.), Amendment Agreement and Joinder to Foreign Guarantee Agreement (Invacare Corp)
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.), Credit 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 (Interline Brands, Inc./De)
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 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 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: Credit Agreement (Gci, LLC), Credit Agreement (Gci Liberty, Inc.), Credit Agreement (Gci Liberty, 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 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 8 contracts
Samples: Credit Agreement (GoHealth, Inc.), Credit Agreement (Pathfinder Acquisition Corp), Guarantee Agreement (Vacasa, 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), Credit Agreement (United Surgical Partners International Inc), Guarantee and Collateral 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 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 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.), Amendment and Restatement 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 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, Abl Credit Agreement (Claires Stores Inc), Term Loan Credit Agreement (Claires Stores 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, Guarantee and Collateral Agreement (CDW Corp)
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 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: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Michaels Stores Inc), Credit Agreement (Bloomin' 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 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: Term Loan Guarantee and Collateral Agreement (PET Acquisition LLC), Abl Guarantee and Collateral Agreement (PET Acquisition LLC), Term Loan Guarantee and Collateral Agreement (PET Acquisition LLC)
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, Credit Agreement (SMART Global Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.)
Information. Each Subsidiary 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 Subsidiary Guarantor assumes and incurs hereunder, and agrees that neither the Collateral Agent nor any other Secured Party will have any duty to advise such Subsidiary Guarantor of information known to it or any of them regarding such circumstances or risks.
Appears in 7 contracts
Samples: Subsidiary Guarantee Agreement, Subsidiary Guarantee Agreement, Subsidiary Guarantee Agreement (ADT, 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/), Reaffirmation Agreement (Goodyear Tire & Rubber Co /Oh/)
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: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Credit Agreement (Claires Stores 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 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: Guarantee and Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (AZEK Co Inc.), Abl Guarantee and Collateral Agreement (CPG Newco 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: u.s. Guarantee 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 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 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 of the Borrowers, 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 no Secured Party has or 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: Subsidiary Guarantee Agreement (DREW INDUSTRIES Inc), Subsidiary Guarantee Agreement (Drew Industries Inc), Subsidiary Guarantee Agreement (Drew Industries Incorporated)
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 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 (Cumulus Media Inc), Term Loan Agreement (Citgo Petroleum Corp)
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: Subsidiary Guaranty, Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Express Scripts Holding 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: Credit Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc), Credit Agreement (Quiksilver 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: Credit Agreement (CAESARS ENTERTAINMENT Corp), First Lien Credit Agreement (Vici Properties Inc.), Credit Agreement (Caesars Acquisition Co)
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), Guarantee and 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 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: 364 Day Bridge Loan Agreement (Molson Coors Brewing Co), Term Loan 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: Loan Modification Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC), Guarantee and Collateral Agreement (TransDigm Group 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 '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 (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), Guarantee and 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 (Mac-Gray Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
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: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International 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 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 International Inc), Guarantee and Collateral Agreement (Dex Media Inc), Guarantee and Collateral Agreement (Dex Media Inc)
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 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: Credit 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 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 (HUGHES Telematics, Inc.), Guaranty and Collateral Agreement (NightHawk Radiology Holdings Inc), Second Lien Guaranty and Collateral Agreement (HUGHES Telematics, Inc.)
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: First Lien Credit Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.), First Lien Guarantee and Collateral Agreement (PGA Holdings, 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 of the Borrowers, 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, and agrees that neither the Collateral Agent nor any other no Secured Party has or 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 4 contracts
Samples: Company Guarantee (DREW INDUSTRIES Inc), Company Guarantee Agreement (Drew Industries Inc), Company Guarantee Agreement (Drew Industries Incorporated)
Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each Borrower’s and each other Loan PartyGuarantor’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 4 contracts
Samples: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp), Guarantee and Collateral Agreement (Terex Corp)
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 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 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 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: Term Loan 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 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: Credit Agreement (CC Media Holdings Inc), Credit Agreement (Clear Channel Communications 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 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, Inc.), First Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC), First Lien Guarantee and Collateral Agreement (STR Holdings LLC)
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 of the Guarantors 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 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 3 contracts
Samples: Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications 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, 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), Revolving Credit Agreement (Hess Midstream Partners LP)
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 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 3 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Guarantee Agreement (Virtus Investment Partners, Inc.), Guarantee Agreement (Virtus Investment Partners, Inc.)
Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each 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 3 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, 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 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: Guarantee and Collateral Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.)
Information. Each Guarantor (a) 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 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 3 contracts
Samples: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International 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 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.), Guaranty (Encore Medical, L.P.), Guaranty (ReAble Therapeutics Finance 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 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 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 Obligations and the nature, scope and extent of the risks that such Guarantor assumes Guarantors 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 2 contracts
Samples: Subsidiary Guarantee Agreement (Constar International Inc), Subsidiary Guarantee Agreement (Constar Inc)
Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the Borrower’s, each other Credit Party’s and each other Loan Party’s their respective Subsidiaries’ 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, 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 2 contracts
Samples: Credit Agreement (Affinity Gaming, LLC), Credit Agreement (Semtech Corp)
Information. Each Borrower and 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 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 Partners, L.P.), Term Loan Credit Agreement (SunCoke Energy Partners, L.P.)
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 the Collateral Agent nor any of 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: Guarantee Agreement, Guarantee Agreement (Versum Materials, Inc.)
Information. Each Guarantor assumes all responsibility for being and keeping itself informed of the each 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 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 2 contracts
Samples: Credit Agreement (Resolute Forest Products Inc.), Abl Credit Agreement (AbitibiBowater 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 the Collateral Agent nor any other Secured Party Lender will not 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: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)
Information. Each Guarantor (a) 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 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 2 contracts
Samples: Credit Agreement (Bz Intermediate Holdings LLC), Guarantee and Collateral Agreement (Bz Intermediate Holdings LLC)
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: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Guaranty (Foot Locker 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: 364 Day Revolving Credit Agreement (Frank's International N.V.), Revolving Credit 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.)
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 Guaranteed 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 2 contracts
Samples: Credit Agreement (Canopy Growth Corp), Credit Agreement (Hexion Specialty Chemicals, 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 (a) 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 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 2 contracts
Samples: Credit Agreement (Seadrill Partners LLC), Credit Agreement (Murphy USA 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 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: Collateral and Guarantee Agreement (Healthsouth Corp), Collateral and Guarantee Agreement (Healthsouth Corp)
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
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Knowles Corp), Purchase and Sale Agreement (Knowles Corp)
Information. Each Guarantor (i) 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 (ii) 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: First Lien Credit Agreement (Trinet Group Inc), Second Lien Credit Agreement (Trinet Group 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 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 2 contracts
Samples: Guarantee and Collateral Agreement (ConvergeOne Holdings, Inc.), Guarantee and Collateral Agreement (Forum Merger 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 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 Administrative Agent, 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: Current Asset Revolving Facility Guarantee and Collateral Agreement (Quality Distribution Inc), Fixed Asset Revolving Facility Guarantee and Collateral Agreement (Quality Distribution Inc)
Information. Each Guarantor (a) 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 Loan Document 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: Term Credit Agreement (Ascena Retail Group, Inc.), Term Credit Agreement (Ascena Retail Group, Inc.)
Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the BorrowerCompany’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 2 contracts
Samples: Guarantee and Collateral Agreement (NCR Corp), Credit Agreement (NCR Corp)
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 First-Lien 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: First Lien Guarantee and Collateral Agreement (Univision Holdings, Inc.), Credit Agreement (Univision Communications Inc)
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 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 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 (CCE Spinco, Inc.), Guarantee and Collateral Agreement (Live Nation, 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 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 Secured 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 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: Second Lien Guarantee Agreement (Franchise Group, Inc.), First Lien Guarantee Agreement (Franchise Group, Inc.)
Information. Each Guarantor (a) assumes all responsibility for being and keeping itself informed of the BorrowerCompany’s, each Borrowing Subsidiary’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 2 contracts
Samples: Credit Agreement (Knowles Corp), Credit 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 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 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 (Weight Watchers International Inc), Credit Agreement (Weight Watchers International Inc)
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 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 Administrative Agent nor any other Secured Lender 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 (Cbre Group, Inc.), Guarantee Agreement (Cbre Group, Inc.)