Common use of SECTION FINANCIAL CONDITION OF BORROWER Clause in Contracts

SECTION FINANCIAL CONDITION OF BORROWER. Any Loan may be granted to ------------------------------- Borrower or continued from time to time, and any Lender Counterparty Interest Rate Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrower at the time of any such grant or continuation or at the time such Lender Counterparty Interest Rate Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Borrower. Each Guarantor has adequate means to obtain information FIRST PRIORITY LOAN AGREEMENT ----------------------------- from Borrower on a continuing basis concerning the financial condition of Borrower and its ability to perform its obligations under the Loan Documents and the Lender Counterparty Interest Rate Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrower and of all circumstances bearing upon the risk of nonpayment of the Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrower now known or hereafter known by any Beneficiary.

SECTION FINANCIAL CONDITION OF BORROWER. Any Loan may be granted to ------------------------------- Borrower or continued from time to time, and any Lender Counterparty Interest Rate Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrower at the time of any such grant or continuation or at the time such Lender Counterparty Interest Rate Agreement is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor's assessment, of the financial condition of Borrower. Each Guarantor has adequate means to obtain information FIRST PRIORITY LOAN AGREEMENT ----------------------------- from Borrower on a continuing basis concerning the financial condition of Borrower and its ability to perform its obligations under the Loan Documents and the Lender Counterparty Interest Rate Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrower and of all circumstances bearing upon the risk of nonpayment of the Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating SECOND PRIORITY LOAN AGREEMENT ------------------------------ to the business, operations or conditions of Borrower now known or hereafter known by any Beneficiary.