Common use of REPRESENTATIONS AND WARRANTIES; INFORMATION Clause in Contracts

REPRESENTATIONS AND WARRANTIES; INFORMATION. Borrower and Creditor represent and warrant to Senior Parties that: (a) no interest in the Junior Debt has been assigned or otherwise transferred to any person or entity; (b) payment of the Junior Debt has not been heretofore subordinated to any other creditor of Borrower; and (c) Creditor has the requisite power and authority to enter into and perform its obligations under this Agreement. Creditor further represents and warrants to Senior Parties that Creditor has established adequate, independent means of obtaining from Borrower on a continuing basis financial and other information pertaining to Borrower’s financial condition. Creditor agrees to keep adequately informed from such means of any facts, events or circumstances which might in any way affect Creditor’s risks hereunder, and Creditor agrees that no Senior Party shall have any obligation to disclose to Creditor information or material about Borrower which is acquired by any Senior Party in any manner. Any Senior Party may, at such Senior Party’s sole option and without obligation to do so, disclose to Creditor any information or material relating to Borrower which is acquired by such Senior Party by any means, and Borrower hereby agrees to and authorizes any such disclosure by such Senior Party.

REPRESENTATIONS AND WARRANTIES; INFORMATION. Borrower and Creditor represent and warrant to Senior Parties Agent that: (a) no interest in the Junior Debt has been assigned or otherwise transferred to any person or entity; (b) payment of the Junior Debt has not been heretofore subordinated to any other creditor of Borrower; and (c) Creditor has the requisite power and authority to enter into and perform its obligations under this Agreement. Creditor further represents and warrants to Senior Parties Agent that Creditor has established adequate, independent means of obtaining from Borrower on a continuing basis financial and other information pertaining to Borrower’s financial condition. Creditor agrees to keep adequately informed from such means of any facts, events or circumstances which might in any way affect Creditor’s risks hereunder, and Creditor agrees that no Senior Party shall have any obligation to disclose to Creditor information or material about Borrower which is acquired by any such Senior Party in any manner. Any Senior Party may, at such Senior Party’s sole option and without obligation to do so, disclose to Creditor any information or material relating to Borrower which is acquired by such Senior Party by any means, and Borrower hereby agrees to and authorizes any such disclosure by such Senior Party.