Xxxxxxx Guarantors. Each of the Subsidiary Guarantors, HB Service and each of its Subsidiaries and H. Xxxxx Xxxxxxxx (collectively, the “Xxxxxxx Guarantors”) further represents that it has knowledge of the Borrower’s and the other Amendment Parties’ financial condition and affairs and that it has adequate means to obtain from the Borrower and the other Amendment Parties on an ongoing basis information relating thereto and to the Borrower’s and the other Amendment Parties’ ability to pay and perform the their respective obligations under the Credit Documents, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as the guaranty of each such Xxxxxxx Guarantor remains in effect. Each Xxxxxxx Guarantor agrees that the Bank shall have no obligation to investigate the financial condition or affairs of the Borrower or any of the Amendment Parties for the benefit of any Xxxxxxx Guarantor nor to advise any Xxxxxxx Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower or any of the Amendment Parties that might become known to the Bank at any time, whether or not the Bank knows or believes or has reason to know or believe that any such fact or change is unknown to any Xxxxxxx Guarantor, or might (or does) materially increase the risk of any Xxxxxxx Guarantor as guarantor, or might (or would) affect the willingness of any Xxxxxxx Guarantor to continue as a guarantor of the obligations of the Borrower under the Credit Documents. These representations and agreements by each of the Xxxxxxx Guarantors are made and delivered to induce the Bank to enter into this Amendment and continue to extend credit to the Borrower under the Credit Documents, and each of the Xxxxxxx Guarantors acknowledges that the Bank would not enter into this Amendment and continue to extend such credit in the absence of the representations and agreements contained herein.
Appears in 2 contracts
Samples: Credit Agreement (Swisher Hygiene Inc.), Credit Agreement (Swisher Hygiene Inc.)
Xxxxxxx Guarantors. Each of the Subsidiary Guarantors, HB Service and each of its Subsidiaries and H. Xxxxx Xxxxxxxx (collectively, the “Xxxxxxx Guarantors”) further represents that it has knowledge of the BorrowerXxxxxxx’x, XX Service’s and the other Amendment Parties’ financial condition and affairs and that it has adequate means to obtain from the Borrower Xxxxxxx, XX Service and the other Amendment Parties on an ongoing basis information relating thereto and to the BorrowerXxxxxxx’x, XX Service’s and the other Amendment Parties’ ability to pay and perform the their respective obligations under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), and agrees to assume the responsibility for keeping, and to keep, so informed for so long as the guaranty of each such Xxxxxxx Guarantor remains in effect. Each Xxxxxxx Guarantor agrees that the Bank shall have no obligation to investigate the financial condition or affairs of the Borrower Xxxxxxx, XX Service or any of the Amendment Parties for the benefit of any Xxxxxxx Guarantor nor to advise any Xxxxxxx Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower Xxxxxxx, XX Service or any of the Amendment Parties that might become known to the Bank at any time, whether or not the Bank knows or believes or has reason to know or believe that any such fact or change is unknown to any Xxxxxxx Guarantor, or might (or does) materially increase the risk of any Xxxxxxx Guarantor as guarantor, or might (or would) affect the willingness of any Xxxxxxx Guarantor to continue as a guarantor of the obligations of Xxxxxxx or HB Service, as the Borrower case may be, under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement). These representations and agreements by each of the Xxxxxxx Guarantors are made and delivered to induce the Bank to enter into this Amendment and continue to extend credit to Xxxxxxx, XX Service and the Borrower other Amendment Parties under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), and each of the Xxxxxxx Guarantors acknowledges that the Bank would not enter into this Amendment and continue to extend such credit in the absence of the representations and agreements contained herein.
Appears in 2 contracts
Samples: Consent and Waiver (Swisher Hygiene Inc.), Omnibus Amendment Agreement (Swisher Hygiene Inc.)
Xxxxxxx Guarantors. Each of the Subsidiary Guarantors, HB Service and each of its Subsidiaries and H. Xxxxx Xxxxxxxx (collectively, the “Xxxxxxx Guarantors”) further represents that it has knowledge of the BorrowerXxxxxxx’x, XX Service’s and the other Amendment Parties’ financial condition and affairs and that it has adequate means to obtain from the Borrower Xxxxxxx, XX Service and the other Amendment Parties on an ongoing basis information relating thereto and to the BorrowerXxxxxxx’x, XX Service’s and the other Amendment Parties’ ability to pay and perform the their respective obligations under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), and agrees to assume the responsibility for keeping, and to keep, so informed for so long as the guaranty of each such Xxxxxxx Guarantor remains in effect. Each Xxxxxxx Guarantor agrees that the Bank shall have no obligation to investigate the financial condition or affairs of the Borrower Xxxxxxx, XX Service or any of the Amendment Parties for the benefit of any Xxxxxxx Guarantor nor to advise any Xxxxxxx Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower Xxxxxxx, XX Service or any of the Amendment Parties that might become known to the Bank at any time, whether or not the Bank knows or believes or has reason to know or believe that any such fact or change is unknown to any Xxxxxxx Guarantor, or might (or does) materially increase the risk of any Xxxxxxx Guarantor as guarantor, or might (or would) affect the willingness of any Xxxxxxx Guarantor to continue as a guarantor of the obligations of Xxxxxxx or HB Service, as the Borrower case may be, under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement). These representations and agreements by each of the Xxxxxxx Guarantors are made and delivered to induce the Bank to enter into this Amendment and continue to extend credit to Xxxxxxx, XX Service and the Borrower other Amendment Parties under the Credit DocumentsDocuments (as defined in each of the Xxxxxxx Credit Agreement and the HB Service Credit Agreement), and each of the Xxxxxxx Guarantors acknowledges that the Bank would not enter into this Amendment and continue to extend such credit in the absence of the representations and agreements contained herein.
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