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 127 contracts

Samples: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Usana Health Sciences Inc), Credit Agreement (Calavo Growers Inc)

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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 19 contracts

Samples: Securities Purchase Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co), 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 13 contracts

Samples: Credit Agreement (Shutterstock, Inc.), Credit Agreement (Morningstar, Inc.), 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 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 13 contracts

Samples: Term Loan Agreement (Tanger Properties LTD Partnership /Nc/), Term Loan Credit Agreement (Tanger Factory Outlet Centers Inc), 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 Lender has any no duty, and such the Guarantor is not relying on the Secured Parties Lender 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 Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 12 contracts

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Qad 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 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 11 contracts

Samples: Junior Lien Intercreditor Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.), Security Agreement (Arc Document 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 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

Samples: 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

Samples: Security Agreement (Suburban Propane Partners Lp), Security Agreement (Suburban Propane Partners Lp), Term Loan Credit Agreement (Western Refining, 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

Samples: Credit Agreement (Babcock & Wilcox Co), 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 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).. 10.08

Appears in 6 contracts

Samples: 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 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 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 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

Samples: Revolving Credit Agreement (Mylan N.V.), Term Credit Agreement (Mylan N.V.), Bridge Credit Agreement (Mylan N.V.)

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 6 contracts

Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Wayfair Inc.), Credit Agreement (Actuate 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 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 6 contracts

Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), 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 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 5 contracts

Samples: Revolving Credit Agreement (Upjohn Inc), Term Loan Credit Agreement (Viatris Inc), Revolving 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 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

Samples: 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 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

Samples: Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/), Credit Agreement (Pultegroup Inc/Mi/)

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

Samples: Intercreditor Agreement (Targa Resources Partners LP), Security Agreement (Ferrellgas Partners Finance Corp), Assignment and Assumption (Tapstone Energy 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).. 10.09

Appears in 4 contracts

Samples: 1823738v3 Credit Agreement (Arhaus, Inc.), Credit Agreement (Houlihan Lokey, Inc.), Credit Agreement (Mission Produce, 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

Samples: 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 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

Samples: Credit Agreement (Rayonier Advanced Materials Inc.), First Restatement Agreement (Rayonier Advanced Materials Inc.), Credit 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 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 3 contracts

Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Digital Turbine, 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

Samples: 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 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

Samples: Assignment and Assumption (Cardinal Health Inc), Assignment and Assumption (Cardinal Health Inc), Assignment and Assumption (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 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

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

Samples: Credit Agreement (Gentiva Health Services Inc), Guaranty (Gentiva Health Services Inc), Guaranty (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 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 3 contracts

Samples: 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 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

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

Samples: 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

Samples: Harte Hanks Inc, Harte Hanks Inc, 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 Parties Administrative Agent and any Lender has any duty, and such Guarantor is not relying on the Secured Parties Administrative Agent or any Lender 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 Administrative Agent and any Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (PureCycle Technologies, Inc.), Credit Agreement (PureCycle Technologies, 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

Samples: 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 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).. 123

Appears in 2 contracts

Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild 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 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 2 contracts

Samples: 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 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

Samples: Assignment and Assumption (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 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).. 10.09

Appears in 2 contracts

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

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

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). 13.

Appears in 2 contracts

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

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 2 contracts

Samples: 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 Beneficiaries have no duty, and such Guarantor is not relying on the Secured Parties Beneficiaries 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 Beneficiaries to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Revolving Credit Agreement (Thermo Fisher Scientific 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 (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

Samples: Credit Agreement (Revett Minerals Inc.), Assignment and Assumption (Landmark Apartment Trust of America, 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

Samples: 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 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

Samples: Credit Agreement (FreightCar America, Inc.)

Condition of Borrower. Each 1.71 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 1 contract

Samples: Credit Agreement (Textainer Group Holdings LTD)

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

Samples: 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 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).. 9.09

Appears in 1 contract

Samples: Credit Agreement (FIGS, 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 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 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

Samples: Guaranty (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 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 Agent and the Lenders have no duty, and such the Guarantor is not relying on the Secured Parties Agent and the Lenders 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 Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Cec Entertainment 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

Samples: Subsidiary Guaranty Agreement (Ruckus Wireless 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

Samples: 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 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).. Section 10.09

Appears in 1 contract

Samples: Credit Agreement (Sunrun 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). 13.

Appears in 1 contract

Samples: 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 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

Samples: 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 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

Samples: Continuing Guaranty (Fairpoint Communications Inc)

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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 179 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

Samples: Credit Agreement (Cambium Networks Corp)

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

Samples: Term Loan Agreement (Armstrong Flooring, 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

Samples: 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 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 Lenders have no duty, and such Guarantor is not relying on the Secured Parties any Lender 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 Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (FX Alliance 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

Samples: Credit Agreement (On Assignment 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 131 DB1/83569018.7 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 1 contract

Samples: 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 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).. 10.10

Appears in 1 contract

Samples: Credit 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 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

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

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

Samples: Guaranty Agreement (Lakes Entertainment 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 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

Samples: Guaranty Agreement (HNR Acquisition Corp.)

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

Samples: Credit Agreement (Ross Stores 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 1 contract

Samples: Credit Agreement (Perella Weinberg Partners)

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

Samples: 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 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

Samples: 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 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 Beneficiaries have no duty, and such Guarantor is not relying on the Secured Parties any Beneficiary to, at any time, to disclose to it such Guarantor (or any other Guarantor) any information relating to the business, operations or financial condition of the Borrower or any other guarantor Guarantor. Each Guarantor hereby waives (each Guarantor waiving a) any duty on the part of the Secured Parties any Beneficiary to disclose such information and (b) any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Continuing Guaranty (Cim Real Estate Finance 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 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

Samples: Credit Agreement (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

Samples: Term Loan Agreement (Mohawk 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 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

Samples: 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 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

Samples: Guaranty Agreement (Memc Electronic 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 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

Samples: 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 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 holders of the Obligations has any duty, and such Guarantor is not relying on the Secured Parties holders of the Obligations 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 holders of the Obligations to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Hurco Companies 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 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

Samples: 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 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 1 contract

Samples: Credit Agreement (Carriage Services 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

Samples: Credit Agreement (Cornerstone Therapeutics 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

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

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 1 contract

Samples: 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 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

Samples: Credit Agreement (Biomarin Pharmaceutical 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 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 1 contract

Samples: 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 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

Samples: 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

Samples: 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 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

Samples: 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, 124 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

Samples: Credit Agreement (Harmony Biosciences 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 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

Samples: Credit Agreement (Anika Therapeutics Inc)

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

Samples: Security Agreement (Entravision Communications Corp)

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