Common use of Condition of Borrower Clause in Contracts

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 Subsidiary Guarantor requires, and that no Guaranteed Party has a duty, and such Subsidiary Guarantor is not relying on any Guaranteed Party at any time, to disclose to such Subsidiary Guarantor any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor (such Subsidiary Guarantor waiving any duty on the part of any Guaranteed Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Term Loan Credit Agreement (Rotech Healthcare Inc), Debt Agreement (Rotech Healthcare Inc), Term Loan Credit Agreement (Rotech Healthcare 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 Subsidiary Guarantor requires, and that the Administrative Agent has and the Lenders have no Guaranteed Party has a duty, and such Subsidiary Guarantor is not relying on any Guaranteed Party the Administrative Agent at any time, to disclose to such Subsidiary Guarantor any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor guarantor (such each Subsidiary Guarantor waiving any duty on the part of the Administrative Agent or any Guaranteed Parties Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Sources: Guarantee (Central European Media Enterprises LTD), Guarantee (Central European Media Enterprises LTD), Guarantee (CME Media Enterprises B.V.)

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 Subsidiary Guarantor requires, and that no Guaranteed Party none of the Administrative Agent or any other Lender has a any duty, and such neither Subsidiary Guarantor is not relying on the Administrative Agent or any Guaranteed Party other Lender at any time, to disclose to such Subsidiary Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor (such each Subsidiary Guarantor waiving any duty on the part of the Administrative Agent or any Guaranteed Parties other Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Sources: Term Loan Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.), Term Loan Agreement (Healthpeak Properties, Inc.)

Condition of Borrower. Each of AGFC and the Subsidiary Guarantor 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 AGFC or such Subsidiary Guarantor requires, and that no Guaranteed Party none of the Secured Parties has a any duty, and such none of AGFC and the Subsidiary Guarantor Guarantors is not relying on any Guaranteed Party the Secured Parties at any time, to disclose to such AGFC or any Subsidiary Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (AGFC and the Subsidiary Guarantor (such Subsidiary Guarantor Guarantors waiving any duty on the part of any Guaranteed 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 (American General Finance Corp), Credit Agreement (American General Finance 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 Subsidiary Guarantor requires, and that no Guaranteed Party none of the Administrative Agent, the L/C Issuer or any other Lender has a any duty, and such neither Subsidiary Guarantor is not relying on the Administrative Agent, the L/C Issuer or any Guaranteed Party other Lender at any time, to disclose to such Subsidiary Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor (such each Subsidiary Guarantor waiving any duty on the part of the Administrative Agent, the L/C Issuer or any Guaranteed Parties other Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Sources: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, 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 Subsidiary Guarantor requires, and that the CME Credit Guarantor has no Guaranteed Party has a duty, and such Subsidiary Guarantor is not relying on any Guaranteed Party the CME Credit Guarantor at any time, to disclose to such Subsidiary Guarantor any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor guarantor (such each Subsidiary Guarantor waiving any duty on the part of any Guaranteed Parties the CME Credit Guarantor to disclose such information and any defense defence relating to the failure to provide the same).

Appears in 1 contract

Sources: Guarantee (Central European Media Enterprises LTD)

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 Subsidiary Guarantor requires, and that no Guaranteed Party none of the Administrative Agent or the Lenders has a any duty, and such Subsidiary Guarantor is not relying on any Guaranteed Party of the Administrative Agent or the Lenders at any time, to disclose to such Subsidiary Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor guarantor (such each Subsidiary Guarantor waiving any duty on the part of any Guaranteed Parties of the Administrative Agent or the Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: Credit Agreement (Intl Fcstone Inc.)

Condition of Borrower. Each Subsidiary 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 Subsidiary the Guarantor requires, and that the Administrative Agent and the other Secured Parties have no Guaranteed Party has a duty, and such Subsidiary the Guarantor is not relying on any Guaranteed Party the Administrative Agent and the other Secured Parties at any time, to disclose to such Subsidiary the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor guarantor (such Subsidiary Guarantor the guarantor waiving any duty on the part of any Guaranteed 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 1 contract

Sources: Guaranty Agreement (Radioshack Corp)

Condition of Borrower. Each Subsidiary Guarantor Holdings 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 Subsidiary Guarantor Holdings requires, and that no Guaranteed Party has a none of the Administrative Agent, the L/C Issuer and the Lenders have any duty, and such Subsidiary Guarantor Holdings is not relying on any Guaranteed Party the Administrative Agent, the L/C Issuer and the Lenders at any time, to disclose to such Subsidiary Guarantor Holdings any information relating to the business, operations or financial condition of the Borrower or any other Subsidiary Guarantor guarantor (such Subsidiary Guarantor Holdings waiving any duty on the part of any Guaranteed Parties the Administrative Agent, the L/C Issuer and the Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Sources: First Lien Credit Agreement (Smart Balance, Inc.)