Common use of Condition of Borrower and its Subsidiaries Clause in Contracts

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s Subsidiaries and their Properties, whether now known or hereafter known by Beneficiary during the life of this Guaranty. With respect to any of the Guarantied Obligations, Beneficiary need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 3 contracts

Sources: Guaranty, Credit Agreement (MGM Resorts International), Guaranty (CityCenter Holdings, LLC)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary Creditor that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Creditor (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Creditor during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Beneficiary Creditor need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 3 contracts

Sources: Capital Markets Term Loan Agreement (Mandalay Resort Group), Term Loan Agreement (Mandalay Resort Group), Revolving Loan Agreement (Mandalay Resort Group)

Condition of Borrower and its Subsidiaries. Each Guarantor ------------------------------------------ represents and warrants to Beneficiary Lender that each such Guarantor has established adequate means of obtaining from Borrower and Borrower’s its other Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties, and each such Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Lender (should any such duty exist) to disclose to any that Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its other Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Beneficiary Lender need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Revolving Loan Agreement (Callaway Golf Co /Ca)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary Lender that each such Guarantor has established adequate means of obtaining from Borrower and Borrower’s its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties, and each such Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Lender during the life of this Guaranty. With respect to any of the Guarantied Obligations, Beneficiary Lender need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Guaranty (NGA Holdco, LLC)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s Subsidiaries and their Properties, whether now known or hereafter known by Beneficiary during the life of this Guaranty. With respect to any of the Guarantied Obligations, Beneficiary need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Guaranty (CityCenter Holdings, LLC)

Condition of Borrower and its Subsidiaries. Each ------------------------------------------ Guarantor represents and warrants to Beneficiary Bank that each Guarantor has established adequate means of obtaining from Borrower Borrower, Parent and Borrower’s their Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower Borrower, Parent and Borrower’s their Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower Borrower, Parent and Borrower’s their Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Bank (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower Borrower, Parent or Borrower’s their Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Bank during the life of this Guaranty. With respect to any of the Guarantied Obligations, Beneficiary Bank need not inquire into the powers of Borrower Borrower, Parent or any of Borrower’s their Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Guaranty (West Marine Inc)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary Lender that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Beneficiary Lender need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations Oblig- ations made or created in good faith reliance upon the professed pro- fessed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Loan Agreement (Circus Circus Enterprises Inc)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary Lender that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied Obligations, Beneficiary Lender need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Loan Agreement (Circus Circus Enterprises Inc)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary Lender that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Properties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent Lender (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its Subsidiaries and or their Properties, whether now known or hereafter known by Beneficiary Lender during the life of this Subsidiary Guaranty. With respect to any of the Guarantied ObligationsObliga tions, Beneficiary Lender need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.

Appears in 1 contract

Sources: Subsidiary Guaranty (Central Financial Acceptance Corp)

Condition of Borrower and its Subsidiaries. Each Guarantor represents and warrants to Beneficiary the Secured Parties that each Guarantor has established adequate means of obtaining from Borrower and Borrower’s its Subsidiaries, on a continuing basis, financial and other information pertaining to the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Propertiesproperties, and each Guarantor now is and hereafter will be completely familiar with the businesses, operations and condition (financial and otherwise) of Borrower and Borrower’s its Subsidiaries and their Propertiesproperties. Each Guarantor hereby expressly waives and relinquishes any duty on the part of Beneficiary or Collateral Agent any Secured Party (should any such duty exist) to disclose to any Guarantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of Borrower or Borrower’s its Subsidiaries and or their Propertiesproperties, whether now known or hereafter known by Beneficiary the Secured Parties during the life of this Guaranty. With respect to any of the Guarantied Obligations, Beneficiary the Secured Parties need not inquire into the powers of Borrower or any of Borrower’s Subsidiaries Subsidiary thereof or the officers or employees acting or purporting to act on their behalf, and all Guarantied Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured herebybinding and enforceable.

Appears in 1 contract

Sources: Credit Agreement (Masimo Corp)