Common use of Condition of Borrower Clause in Contracts

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 160 contracts

Sources: Credit Agreement (DocGo Inc.), Credit Agreement (Tilray Brands, Inc.), Credit Agreement (NPK International Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 20 contracts

Sources: Credit Agreement (NOODLES & Co), Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (NOODLES & Co)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 16 contracts

Sources: Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Shutterstock, Inc.), Credit Agreement (Nathans Famous, Inc.)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the any Secured Parties Party to, at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 15 contracts

Sources: Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Tanger Properties LTD Partnership /Nc/), Liquidity Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 12 contracts

Sources: Credit Agreement (Textainer Group Holdings LTD), Guaranty (Globant S.A.), Credit Agreement (American Renal Associates Holdings, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Credit Parties has any duty, and such Guarantor is not relying on the Secured Credit Parties at any time, time to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Credit Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 9 contracts

Sources: Asset Based Revolving Credit Agreement (Container Store Group, Inc.), Transaction Support Agreement (Container Store Group, Inc.), Senior Secured Superpriority Debtor in Possession Asset Based Revolving Credit Agreement (Container Store Group, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 8 contracts

Sources: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 8 contracts

Sources: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrower, the other Loan Parties and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrower, the other Loan Parties and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower Borrower, the other Loan Parties or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 7 contracts

Sources: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 7 contracts

Sources: Senior Secured Term Loan Facility (Moove Lubricants Holdings), Credit Agreement (Wayfair Inc.), Credit Agreement (GoPro, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties no Guaranteed Party has any a duty, and such Guarantor is not relying on the Secured Parties any Guaranteed Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured any Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 7 contracts

Sources: Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Enterprises, Inc.), Credit Agreement (Babcock & Wilcox Co)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as each such Guarantor requires, and that none of the Secured Lender Parties has any duty, and such each Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it each such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 6 contracts

Sources: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Term Loan Credit Agreement (Viatris Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 5 contracts

Sources: Credit Agreement (Digital Turbine, Inc.), Amended and Restated Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties no Lender Party has any duty, and such the Guarantor is not relying on the Secured Parties any Lender Party at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Credit Agreement (Tapstone Energy Inc.), Credit Agreement (Targa Resources Partners LP), Credit Agreement (Ferrellgas Partners Finance Corp)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of either of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Fourth Amendment to Amended and Restated Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any have no duty, and such Guarantor is Guarantors are not relying on the any Secured Parties Party at any time, to disclose to it Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/), Term Loan Agreement (Pultegroup Inc/Mi/)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the each Borrower and any other guarantor such information concerning the financial condition, business and operations of the each Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the each Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the any Borrower and any other guarantor such information concerning the financial condition, business and operations of the such Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the any Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Credit Agreement (Rayonier Advanced Materials Inc.), Credit Agreement (Rayonier Advanced Materials Inc.), Restatement Agreement (Rayonier Advanced Materials Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc), Credit Agreement (Nu Skin Enterprises Inc)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such the Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Unlimited Guaranty (Harte Hanks Inc), Unlimited Guaranty (Harte Hanks Inc), Unlimited Guaranty (Harte Hanks Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Lender Parties has any a duty, and such Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: 364 Day Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc), Bridge Loan Agreement (Cardinal Health Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the each Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc), Credit Agreement (Movado Group Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Halozyme Therapeutics, Inc.), Credit Agreement (Tandem Diabetes Care Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the each Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Lender Parties has any duty, and such Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it Guarantor any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Term Credit Agreement (Mylan N.V.), Term Credit Agreement (Mylan Inc.), Revolving Credit Agreement (Mylan Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)

Condition of Borrower. Each Guarantor hereby acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor guarantors as such Guarantor requires, and that none of the Secured Parties has any duty, and such each Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Credit Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Amendment Agreement (Perella Weinberg Partners), Amendment Agreement (Perella Weinberg Partners)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (ONESPAWORLD HOLDINGS LTD), Credit Agreement (Super Micro Computer, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Specified Parties has any duty, and such Guarantor is not relying on the Secured Specified Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Specified Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Alamo Group Inc), Credit Agreement (Alamo Group Inc)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Advanced Emissions Solutions, Inc.), Credit Agreement (Advanced Emissions Solutions, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Credit Parties has any have no duty, and such Guarantor is not relying on the Secured Parties any Credit Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties any Credit Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Landmark Apartment Trust of America, Inc.), Credit Agreement (Revett Minerals Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties Creditors has any duty, and such Guarantor is not relying on the Secured Parties Creditors at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties Creditors to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Carriage Services Inc), Credit Agreement (Carriage Services Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, time to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Term Loan Credit Agreement (Container Store Group, Inc.), Senior Secured Super Priority Priming Debtor in Possession Term Loan Credit Agreement (Container Store Group, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Administrative Agent and the other Secured Parties has any have no duty, and such Guarantor is not relying on the Administrative Agent or any other Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor guarantor waiving any duty on the part of the Administrative Agent and the other Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Continuing Subsidiary Guaranty (Heartland Payment Systems Inc), Continuing Subsidiary Guaranty (Heartland Payment Systems Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the applicable Borrower or Borrowers and any other guarantor such information concerning the financial condition, business and operations of each of the Borrower Borrowers and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of either of the Borrower Borrowers or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (AstroNova, Inc.), Credit Agreement (AstroNova, Inc.)

Condition of Borrower. Each Guarantor of the Guarantors acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Heritage-Crystal Clean, Inc.), Credit Agreement (Heritage-Crystal Clean, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (On Assignment Inc)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties no Lender Party has any duty, and such the Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each the Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Ross Stores Inc)

Condition of Borrower. Each Secured Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Secured Guarantor requires, and that none of the Secured Parties has any duty, and such Secured Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Secured Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (B. Riley Financial, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and each other Loan Party and any other guarantor such information concerning the financial condition, business and operations of the Borrower Borrower, any other Loan Party and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to the it any information relating to the business, operations or financial condition of the Borrower or any other Loan Party or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Loan and Security Agreement (Kalera Public LTD Co)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such no Guarantor is not relying on the Secured Parties any Guaranteed Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other Guarantor or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Guaranty Agreement (HNR Acquisition Corp.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Lender Parties has any have no duty, and such each Guarantor is not relying on the Secured Parties Administrative Agent or any other Lender Party at any time, to disclose to it each Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor guarantor waiving any duty on the part of the Secured Parties Administrative Agent or any Lender Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Helmerich & Payne Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each such Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Anika Therapeutics Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Lender Parties has any have no duty, and such Guarantor is not relying on the Secured Parties Administrative Agent or any other Lender Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties Administrative Agent or any Lender Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Rowan Companies PLC)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Credit Parties has any duty, and such Guarantor is not relying on the Secured Credit Parties at any time, time to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Credit Parties to disclose such information and any defense relating to the failure to provide the same).. ​

Appears in 1 contract

Sources: Credit Agreement (Container Store Group, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such 138 Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Morningstar, Inc.)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties no Guaranteed Party has any duty, and such the Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Cornerstone Therapeutics Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such any Guarantor requires, and that none of the Secured Parties has any duty, and each such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Procaps Group, S.A.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such Guarantor is not relying on the Secured Parties Administrative Agent or any other Guaranteed Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties Administrative Agent or any Guaranteed Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Rowan Companies PLC)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Guaranteed Parties has any duty, and such no Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties Administrative Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Meadowbrook Insurance Group Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties no Lender Party has any duty, and such Guarantor is not relying on the Secured Parties any Lender Party at any time, to disclose to it Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties any Lender Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Guaranty Agreement (Rentech Inc /Co/)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Parties has any have no duty, and such each Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Term Loan and Security Agreement (Key Energy Services Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the any Borrower and any other guarantor such information concerning the financial condition, business and operations of the such Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the such Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (FreightCar America, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or and any other guarantor Guarantor (each such Guarantor waiving any duty on the part of the Secured Parties Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit and Guaranty Agreement

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Parties has any duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Continuing Guaranty (Lakes Entertainment Inc)

Condition of Borrower. Each The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such the Guarantor requires, and that none of the Secured Lender Parties has any have no duty, and such the Guarantor is not relying on the Secured Lender Parties at any time, to disclose to it the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Continuing Guaranty (Skechers Usa Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Solarcity Corp)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the no Secured Parties Party has any duty, and such Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Omnibus Guaranty and Security Agreement (Icahn Carl C)

Condition of Borrower. Each Guarantor acknowledges The Guarantors acknowledge and agrees agree that it has they have the sole responsibility for, and has have adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Guarantied Parties has any have no duty, and such Guarantor is the Guarantors are not relying on the Secured Guarantied Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Guarantied Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Entravision Communications Corp)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the no Secured Parties Party has any duty, and such no Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each guarantor. Each Guarantor waiving waives any duty on the part of the any Secured Parties Party to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Vintage Wine Trust Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Finance Parties has any duty, and such Guarantor is not relying on the Secured Finance Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor waiving any duty on the part of the Secured Finance Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Advanced Energy Industries Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Parties has any duty, and such no Guarantor is not relying on the Secured Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower Loan Parties and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of the Borrower Loan Parties and any such other guarantor guarantors as such Guarantor requires, and that none of the no Secured Parties Party has any duty, and such no Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower any Loan Party or any other guarantor of the Guaranteed Obligations (each such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Continuing Guaranty (Fairpoint Communications Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).. 112

Appears in 1 contract

Sources: Credit Agreement (Hackett Group, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Guaranteed Parties has any have no duty, and such Guarantor is not relying on the Secured Guaranteed Parties at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Guaranty (Smucker J M Co)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties no Lender Party has any a duty, and such Guarantor is not relying on the Secured Parties any Lender Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the Secured any Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Term Loan Agreement (Mohawk Industries Inc)

Condition of Borrower. Each Subsidiary Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such each Guarantor requires, and that none of the Secured Lender Parties has any duty, and such Guarantor none of the Guarantors is not relying on the Secured Lender Parties at any time, to disclose to it any Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (GSR II Meteora Acquisition Corp.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such Guarantor requires, and that none of the Secured Parties has any have no duty, and such the Guarantor is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Biomarin Pharmaceutical Inc)

Condition of Borrower. Each Guarantor has the sole responsibility for being and keeping itself informed of, and has adequate means of obtaining information concerning, each Borrower and each other Loan Party’s financial condition, business and operations, as well as 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. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to it any such information relating to (the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor hereby waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Babcock & Wilcox Enterprises, Inc.)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor Guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor Guarantor as such each Guarantor requires, and that none of the Secured Parties no Guaranteed Party has any duty, and such Guarantor is the Guarantors are not relying on the Secured Guaranteed Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor (each Guarantor the Guarantors waiving any duty on the part of the Secured Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Athenahealth Inc)

Condition of Borrower. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the no Secured Parties Party has any a duty, and such Guarantor is not relying on the any Secured Parties Party at any time, to disclose to it such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor the guarantor waiving any duty on the part of the any Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Guaranty Agreement (Memc Electronic Materials Inc)

Condition of Borrower. Each Guarantor of the Guarantors acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor requires, and that none of the Secured Parties has any have no duty, and such Guarantor the Guarantors is not relying on the Secured Parties at any time, to disclose to it the Guarantors any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantors (each Guarantor the Guarantors waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Subsidiary Guaranty Agreement (Ruckus Wireless Inc)

Condition of Borrower. Each Guarantor GuarantorLoan Party acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and any other guarantor such information concerning the financial condition, business and operations of the Borrower and any such other guarantor as such Guarantor GuarantorLoan Party requires, and that none of the Secured Parties has any duty, and such Guarantor GuarantorLoan Party is not relying on the Secured Parties at any time, to disclose to it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor GuarantorLoan Party waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Term Loan Agreement (Armstrong Flooring, Inc.)