Information Concerning Borrower Clause Samples

Information Concerning Borrower. Each of the undersigned hereby warrants to the Lender that such undersigned now has and will continue to have independent means of obtaining information concerning the affairs, financial condition and business of the Borrower. The Lender shall not have any duty or responsibility to provide the undersigned (or any of them) with any credit or other information concerning the affairs, financial condition or business of the Borrower, which may come into the Lender’s possession.

Information Concerning Borrower. The Obligor acknowledges that it is presently familiar with the Credit Agreement, the financial condition of the Borrower and any other circumstances affecting the risk incurred by the Obligor in connection with this Agreement. The Obligor shall be solely responsible for keeping itself informed concerning those matters in the future. The Obligor acknowledges that the Lender has no obligation to provide any information concerning those matters now or in the future and that, if it does so at any time, it shall have no obligation to update the information or provide other information subsequently.

Information Concerning Borrower. The Guarantor hereby warrants to the Bank that the Guarantor now has and will continue to have independent means of obtaining information concerning the affairs, financial condition and business of the Borrower. The Bank shall not have any duty or responsibility to provide the Guarantor with any credit or other information concerning the affairs, financial condition or business of the Borrower which may come into the Bank’s possession.

Information Concerning Borrower. Guarantor acknowledges that it has, independently of and without reliance on Agent, made its own credit analysis of Borrower and performed its own legal review of this Guaranty and the Loan Documents and is not relying on Agent with respect to any of the aforesaid items. Guarantor agrees to keep adequately informed from such means of any facts, events or circumstances which might in any way affect Guarantor's risks hereunder. Agent makes no representation of its interest in, or the priority or perfection of Agent's interest in and to, any collateral security for the Liabilities.

Information Concerning Borrower. The Borrower shall: (i) deliver to the Bank in the English language or with English translation: (a) within seven months after the end of each of financial year, a copy of the summary of the annual consolidated budget statement of the Borrower and the consolidated financial statement including all the Borrower’s affiliates at the end of and for that financial year, together with the related external auditors' or the Ministry of Finance’s report and the Borrower’s consolidated balance sheet and the consolidated balance sheet including all its affiliates; and (b) at the Bank’s request, a copy of the full version of said annual budget statement; (ii) deliver to the Bank in the English language or with English translation, as soon as available, a copy of the annual budget for the following financial year approved by the Borrower’s Assembly and, if not approved, deliver to the Bank prior to the end of the preceding financial year a copy of a pro-forma annual budget for the following financial year; (iii) deliver to the Bank in the English language or with English translations by no later than 30 September in each year, its annual budget projections including capital expenditures for each of the following three years; (iv) submit with each budget statement delivered under Article 8.02 (i) (a) a certificate by its external auditors or the Ministry of Finance declaring compliance of the Borrower’s obligations under Article 6.07 as at 31 December of the preceding year, starting with 31 December 2006; such certification shall include the computations necessary to demonstrate said compliance, in a form satisfactory to the Bank; (v) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (vi) inform the Bank immediately of: (a) any material alteration to its charter after the date of this Contract or any change in the laws or regulatory environment in the Czech Republic or of any material change in the Borrower’s activities, which may affect its ability to complete the Project or service the Loan; (b) any fact which obliges it to prepay any financial indebtedness; (c) any decision made by it to make a prepayment of a Term Loan as referred to in Article 4.03A(2); (d) any intention on its part to grant any Security Interest over any of its assets in favour of a third party except as permitted under Article 7.02 above; (e) any intention on its part to relinquish title and possession of any mat...

Information Concerning Borrower. The Borrower shall: (i) deliver to the Bank in the English language or with English translation: (a) each year as soon as available and in any event within seven months after the end of each of financial year, a copy of its summary of the annual budget statement at the end of and for that financial year, together with the related external auditors' report; and (b) at the Bank’s request, a copy of the full version of said annual budget statement; (ii) deliver to the Bank in the English language or with English translation, as soon as available, prior to its submission to the Borrower’s general assembly, and in any event prior to the end of each of its financial years, a copy of a pro-forma annual budget statement for the following fiscal year; (iii) deliver to the Bank in the English language or with English translations by no later than 30 September in each year, its annual budget projections for each of the following three years; (iv) submit with each budget statement delivered under Article 8.02 (i) (a) a certificate by its external auditors declaring compliance of the Borrower’s obligations under Article

Information Concerning Borrower. The Borrower shall: (i) deliver to the Bank (a) each year within one (1) month after their approval, its annual report, balance sheet and profit and loss account (both prepared in accordance with International Accounting Standards) and auditor's report; and (b) from time to time, such further information on its general financial situation as the Bank may reasonably require; (ii) ensure that its accounting records fully reflect the operations relating to the financing, execution and operation of the Project; and (iii) inform the Bank immediately of: (a) any alteration of its statutes or of any material modification of any law, decree, regulation or legal requirement directly relating to its business activities in particular, as well as of each proposal or decision to any such effect of which it is aware; any transaction by which there occurs a change of ownership of 10% or more of the Borrower or which is likely to result in a change in control of the Borrower; (b) its belief or, as the case may be, reasonable grounds for belief that a Change-of-Control Event as referred to in Article 4.03A(3) has occurred or is about to occur; (c) any fact which obliges it to prepay any financial indebtedness; (d) any decision made by it to make a prepayment of a Term Loan as referred to in Article 4.03A(2); (e) any intention on its part to grant any security over any of its assets in favour of a third party; (f) any intention on its part to relinquish ownership of any material component of the Project; and (g) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract.

Information Concerning Borrower. The Borrower shall: (a) ensure that its accounting records fully reflect the operations relating to the financing of the Project; and (b) inform the Bank immediately of: (i) any fact which obliges it to prepay any Term Loan or any EU funding; (ii) any event or decision that constitutes or may result in the events described in Article 4.03A(2); (iii) any intention on its part to relinquish ownership of any material component of the Project owned by it (if any); (iv) any fact or event that is reasonably likely to prevent the substantial fulfilment of any obligation of the Borrower under this Contract; (v) any event listed in Article 10.01 having occurred or being threatened or anticipated; or (vi) any intention on its part to grant any Security that would entitle the Bank to require equivalent Security pursuant to Article 7.02.”

Information Concerning Borrower. Each Guarantor assumes all responsibility for being and keeping itself informed of the financial condition and assets of the Borrower and its Subsidiaries, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks which each Guarantor assumes and insures hereunder, and agrees that neither the Administrative Agent nor any Bank will have any duty to advise any Guarantor of information known to the Administrative Agent and the Banks regarding or in any manner relevant to any of such circumstances or risks.