Knowledge of Borrower. Contributor has knowledge of Borrower’s financial condition and affairs and has adequate means to obtain from Borrower, on an ongoing basis, information relating thereto and to Borrower’s ability to pay and perform the Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Agreement is in effect. Contributor acknowledges and agrees that the Lender Parties shall have no obligation to investigate the financial condition or affairs of Contributor nor to advise Contributor of any fact respecting, or any change in, the financial condition or affairs of Borrower that might become known to any Lender Party at any time, whether or not such Lender Party knows or believes, or has reasons to know or believe, that such fact or change is unknown to Contributor, or might, or does, materially increase the risk of Contributor, or might, or would, affect the willingness of Contributor to continue as equity contributor.
Appears in 3 contracts
Sources: Credit Agreement, Credit Agreement (Foresight Energy LP), Credit Agreement (Foresight Energy LP)