Common use of Condition of Borrower Clause in Contracts

Condition of Borrower. The Guarantors are fully aware of the financial condition of the Borrower and are executing and delivering this Guaranty based solely upon the Guarantors' own independent investigation of all matters pertinent hereto, and are not relying in any manner upon any representation or statement of the Banks or the Agents. The Guarantors represent and warrant that the Guarantors are in a position to obtain and the Guarantors hereby assume full responsibility for obtaining, any additional information concerning the Borrower's financial condition and any other matter pertinent hereto as the Guarantors may desire, and the Guarantors are not relying upon or expecting the Banks or the Agents to furnish to the Guarantors any information now or hereafter in the possession of the Banks or the Agents concerning the same or any other matter. By executing this Guaranty, the Guarantors knowingly acknowledge and accept the full range of risks encompassed within a contract of this type. The Guarantors shall have no right to require the Banks or the Agents to obtain or disclose any information with respect to the Indebtedness or the Obligations, the financial condition or character of the Borrower, the Borrower's ability to pay the Indebtedness or perform the Obligations, the existence of any collateral or security for any or all of the Indebtedness or the Obligations, the existence or non-existence of any other guaranties of all or any part of the Indebtedness or the Obligations, or any action or non-action on the part of the Banks, the Agents, the Borrower, or any other person, or any other matter, fact or occurrence whatsoever.

Condition of Borrower. The Guarantors are Each Guarantor is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' such Guarantor's own independent investigation of all matters pertinent hereto, hereto and are is not relying in any manner upon any representation or statement by any Holder of the Banks or the AgentsGuaranteed Obligations. The Guarantors represent Each Guarantor represents and warrant warrants that the Guarantors are it is in a position to obtain obtain, and the Guarantors each Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition of Borrower and any other matter pertinent hereto as the Guarantors such Guarantor may desire, and the Guarantors are such Guarantor is not relying upon or expecting the Banks or the Agents any Holder of Guaranteed Obligations to furnish to the Guarantors such Guarantor any information now or hereafter in the possession of the Banks or the Agents any Holder of Guaranteed Obligations concerning the same or any other matter. By executing this Guaranty, the Guarantors each Guarantor knowingly acknowledge and accept accepts the full range of risks encompassed within a contract of this type, which risks each Guarantor acknowledges. The Guarantors No Guarantor shall have no the right to require the Banks or the Agents any Holder of Guaranteed Obligations to obtain or disclose any information with respect to the Indebtedness or the Guaranteed Obligations, the financial condition or character prospects of the Borrower, the Borrower's ability of Borrower to pay the Indebtedness or perform the Guaranteed Obligations, the existence existence, perfection, priority or enforceability of any collateral or security for any or all of the Indebtedness or the Guaranteed Obligations, the existence or non-existence enforceability of any other guaranties of all or any part of the Indebtedness or the Guaranteed Obligations, or any action or non-action on the part of the Banksany Holder of Guaranteed Obligations, the Agents, the Borrower, or any other personPerson, or any other matterevent, fact occurrence, condition or occurrence circumstance whatsoever.

Condition of Borrower. The Guarantors are Guarantor warrants and represents that Guarantor is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' Guarantor's own independent investigation of all matters pertinent hereto, and are that Guarantor is not relying in any manner upon any representation or statement of the Banks or the AgentsLender. The Guarantors represent Guarantor warrants, represents and warrant agrees that the Guarantors are Guarantor is in a position to obtain obtain, and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition of Borrower and any other matter pertinent hereto as the Guarantors may desirehereto, and the Guarantors are that Guarantor is not relying upon or expecting the Banks or the Agents Lender to furnish to the Guarantors any information now or hereafter in the possession of the Banks or the Agents concerning the same or any other matter. By executing this Guarantyfurnish, the Guarantors knowingly acknowledge and accept the full range of risks encompassed within a contract of this type. The Guarantors shall have no right to require the Banks or the Agents Lender to obtain or disclose disclose, any information with respect to the Indebtedness indebtedness or the Obligationsobligations guaranteed hereby, the financial condition or character of Borrower or the Borrower, the Borrower's ability of Borrower to pay the Indebtedness indebtedness or perform the Obligationsobligations guaranteed hereby, the existence of any collateral or security for any or all of the Indebtedness such indebtedness or the Obligationsobligations, the existence or non-existence nonexistence of any other guaranties of all or any part of the Indebtedness such indebtedness or the Obligationsobligations, or any action actions or non-action on the part of the BanksLender, the Agents, the Borrower, Borrower or any other personperson or entity, or any other matter, fact or occurrence whatsoever. By executing this Guaranty, Guarantor acknowledges and knowingly accepts the full range of risks encompassed within a contract of guaranty.

Condition of Borrower. The Guarantors are Guarantor warrants and represents that it is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' Guarantor’s own independent investigation of all matters pertinent hereto, and are that Guarantor is not relying in any manner upon any representation or statement of the Banks or the Agentsany Lender. The Guarantors represent Guarantor warrants, represents and warrant agrees that the Guarantors are Guarantor is in a position to obtain obtain, and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition of the Borrower and any other matter pertinent hereto as the Guarantors may desirehereto, and the Guarantors are that Guarantor is not relying upon or expecting the Banks or the Agents any Lender to furnish to the Guarantors any information now or hereafter in the possession of the Banks or the Agents concerning the same or any other matter. By executing this Guarantyfurnish, the Guarantors knowingly acknowledge and accept the full range of risks encompassed within a contract of this type. The Guarantors shall have no right to require the Banks or the Agents any Lender to obtain or disclose disclose, any information with respect to the Indebtedness indebtedness or the Obligationsobligations guaranteed hereby, the financial condition or character of the Borrower, Borrower or the Borrower's ability of the Borrower to pay the Indebtedness indebtedness or perform the Obligationsobligations guaranteed hereby, the existence of any collateral or security for any or all of the Indebtedness such indebtedness or the Obligationsobligations, the existence or non-existence nonexistence of any other guaranties of all or any part of the Indebtedness such indebtedness or the Obligationsobligations, or any action actions or non-action on the part of the Banksany Lender, the Agents, the Borrower, Borrower or any other personPerson, or any other matter, fact or occurrence whatsoever. By execution this Guaranty, Guarantor acknowledges and knowingly accepts the full range of risks encompassed within a contract of guaranty.

Condition of Borrower. The Guarantors are Guarantor is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' Guarantor’s own independent investigation of all matters pertinent hereto, and are is not relying in any manner upon any representation or statement of the Banks Agent or the AgentsLenders. The Guarantors represent Guarantor represents and warrant warrants that the Guarantors are Guarantor is in a position to obtain and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's ’s financial condition and any other matter pertinent hereto as the Guarantors Guarantor may desire, and the Guarantors are Guarantor is not relying upon or expecting the Banks Agent or the Agents Lenders to furnish to the Guarantors Guarantor any information now or hereafter in the possession of the Banks Agents or the Agents Lenders’ possession concerning the same or any other matter. By executing this Guaranty, the Guarantors Guarantor knowingly acknowledge acknowledges and accept accepts the full range of risks encompassed within a contract of this type. The Guarantors Guarantor shall have no right to require the Banks Agent or the Agents Lenders to obtain or disclose any information with respect to the Indebtedness or the Obligations, the financial condition or character of the Borrower, the Borrower's ’s ability to pay the Indebtedness or perform the Obligations, the existence of any collateral or security for any or all of the Indebtedness or the Obligations, the existence or non-existence of any other guaranties of all or any part of the Indebtedness or the Obligations, or any action or non-action on the part of the BanksAgent, the AgentsLenders, the Borrower, or any other person, or any other matter, fact or occurrence whatsoever.

Condition of Borrower. The Guarantors are Guarantor warrants and represents that Guarantor is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' Guarantor’s own independent investigation of all matters pertinent hereto, and are that Guarantor is not relying in any manner upon any representation or statement of the Banks or the AgentsLender. The Guarantors represent Guarantor warrants, represents and warrant agrees that the Guarantors are Guarantor is in a position to obtain obtain, and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition of Borrower and any other matter pertinent hereto as the Guarantors may desirehereto, and the Guarantors are that Guarantor is not relying upon Lender to furnish, and will have no right to require Lender to obtain or expecting disclose, any information with respect to the Banks Guaranteed Obligations, the financial condition or character of Borrower or the Agents ability of Borrower to furnish to pay or perform the Guarantors Guaranteed Obligations, the existence of any information now Collateral or hereafter in security for any or all of such indebtedness or obligations, the possession existence or nonexistence of any other guaranties of all or any part of such indebtedness or obligations, any actions or non-action on the Banks part of Lender, Borrower or the Agents concerning the same any other person or entity, or any other matter, fact or occurrence whatsoever. By executing this Guaranty, the Guarantors Guarantor acknowledges and knowingly acknowledge and accept accepts the full range of risks encompassed within a contract of this type. The Guarantors shall have no right to require the Banks or the Agents to obtain or disclose any information with respect to the Indebtedness or the Obligations, the financial condition or character of the Borrower, the Borrower's ability to pay the Indebtedness or perform the Obligations, the existence of any collateral or security for any or all of the Indebtedness or the Obligations, the existence or non-existence of any other guaranties of all or any part of the Indebtedness or the Obligations, or any action or non-action on the part of the Banks, the Agents, the Borrower, or any other person, or any other matter, fact or occurrence whatsoeverguaranty.

Condition of Borrower. The Guarantors are Guarantor warrants that it is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty at Borrower's request and based solely upon the Guarantors' its own independent investigation of all matters pertinent hereto, and are Guarantor is not relying in any manner upon any representation or statement of the Banks or the AgentsTBCC with respect thereto. The Guarantors represent Guarantor represents and warrant warrants that the Guarantors are it is in a position to obtain obtain, and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition and any other matter pertinent hereto as the Guarantors Guarantor may desire, and the Guarantors are Guarantor is not relying upon or expecting the Banks or the Agents TBCC to furnish to the Guarantors it any information now or hereafter in the TBCC's possession of the Banks or the Agents concerning the same or any other matter. By executing this Guaranty, the Guarantors Guarantor knowingly acknowledge and accept accepts the full range of risks encompassed within a contract of this typecontinuing guaranty, which risks Guarantor acknowledges include without limitation the possibility that Borrower will incur additional Indebtedness for which Guarantor will be liable hereunder after Borrower's financial condition or ability to pay such Indebtedness has deteriorated and/or after bankruptcy or insolvency proceedings have been commenced by or against Borrower. The Guarantors Guarantor shall have no right to require the Banks or the Agents TBCC to obtain or disclose any information with respect to the Indebtedness or the ObligationsIndebtedness, the financial condition or character of the Borrower, the Borrower's ability to pay the Indebtedness or perform the Obligations, the existence of any collateral or security for any or all of the Indebtedness or the ObligationsIndebtedness, the existence or non-existence of any other guaranties of all or any part of the Indebtedness or the ObligationsIndebtedness, or any action or non-action on the part of the BanksTBCC, the Agents, the Borrower, or any other person, or any other matter, fact fact, or occurrence whatsoeveroccurrence.

Condition of Borrower. The Guarantors are Guarantor is fully aware of the financial condition of the Borrower and are is executing and delivering this Limited Guaranty based solely upon the Guarantors' Guarantor’s own independent investigation of all matters pertinent hereto, and are is not relying in any manner upon any representation or statement of the Banks or the AgentsLender. The Guarantors represent Guarantor represents and warrant warrants that the Guarantors are Guarantor is in a position to obtain and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's ’s financial condition and any other matter pertinent hereto as the Guarantors Guarantor may desire, and the Guarantors are Guarantor is not relying upon or expecting the Banks or the Agents Lender to furnish to the Guarantors Guarantor any information now or hereafter in the Lender’s possession of the Banks or the Agents concerning the same or any other matter. By executing this Limited Guaranty, the Guarantors Guarantor knowingly acknowledge acknowledges and accept accepts the full range of risks encompassed within a contract of this type. The Guarantors Guarantor shall have no right to require the Banks or the Agents Lender to obtain or disclose any information with respect to the Indebtedness or Loan, the Indebtedness, the Obligations, the financial condition or character of the Borrower, the Borrower's ’s ability to pay the Indebtedness or perform the Obligations, the Borrower’s ability to develop and market the Project, the existence of any collateral or security for any or all of the Indebtedness or the Obligations, the existence or non-existence of any other guaranties of all or any part of the Indebtedness or the Obligations, or any action or non-action on the part of the Banks, the AgentsLender, the Borrower, or any other person, or any other matter, fact or occurrence whatsoever.

Condition of Borrower. The Guarantors are Guarantor warrants and represents that Guarantor ----------------------- is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' Guarantor's own independent investigation of all matters pertinent hereto, and are ; that Guarantor is not relying in any manner upon any representation or statement of the Banks or the AgentsLender. The Guarantors represent Guarantor warrants, represents, and warrant agrees that the Guarantors are Guarantor is in a position to obtain obtain, and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition of Borrower and any other matter pertinent hereto as the Guarantors may desire, hereto; and the Guarantors are that Guarantor is not relying upon or expecting the Banks or the Agents Lender to furnish to the Guarantors any information now or hereafter in the possession of the Banks or the Agents concerning the same or any other matter. By executing this Guarantyfurnish, the Guarantors knowingly acknowledge and accept the full range of risks encompassed within a contract of this type. The Guarantors shall have no right to require the Banks or the Agents Lender to obtain or disclose disclose, any information with respect to the Indebtedness indebtedness or the Obligationsobligations guaranteed hereby, the financial condition or character of the Borrower, or the Borrower's ability of Borrower to pay the Indebtedness indebtedness or perform the Obligationsobligations guaranteed hereby, the existence of any collateral or security for any or all of the Indebtedness such indebtedness or the Obligationsobligations, the existence or non-existence nonexistence of any other guaranties of all or any part of the Indebtedness such indebtedness or the Obligationsobligations, or any action actions or non-action on the part of the BanksLender, the Agents, the Borrower, or any other personperson or entity, or any other matter, fact fact, or occurrence whatsoever.. By executing this Guaranty, Guarantor acknowledges and knowingly accepts the full range of risks encompassed within a contract of guaranty. ARTICLE IV -

Condition of Borrower. The Guarantors are Guarantor warrants and represents that Guarantor is fully aware of the financial condition of the Borrower and are is executing and delivering this Guaranty based solely upon the Guarantors' Guarantor’s own independent investigation of all matters pertinent hereto, and are that Guarantor is not relying in any manner upon any representation or statement of the Banks or the AgentsLender. The Guarantors represent Guarantor warrants, represents and warrant agrees that the Guarantors are Guarantor is in a position to obtain obtain, and the Guarantors Guarantor hereby assume assumes full responsibility for obtaining, any additional information concerning the Borrower's financial condition of Borrower and any other matter pertinent hereto as the Guarantors may desirehereto, and the Guarantors are that Guarantor is not relying upon or expecting the Banks or the Agents Lender to furnish to the Guarantors any information now or hereafter in the possession of the Banks or the Agents concerning the same or any other matter. By executing this Guarantyfurnish, the Guarantors knowingly acknowledge and accept the full range of risks encompassed within a contract of this type. The Guarantors shall have no right to require the Banks or the Agents Lender to obtain or disclose disclose, any information with respect to the Indebtedness indebtedness or the Obligationsobligations guaranteed hereby, the financial condition or character of Borrower or the Borrower, the Borrower's ability of Borrower to pay the Indebtedness indebtedness or perform the Obligationsobligations guaranteed hereby, the existence of any collateral or security for any or all of the Indebtedness such indebtedness or the Obligationsobligations, the existence or non-existence nonexistence of any other guaranties of all or any part of the Indebtedness such indebtedness or the Obligationsobligations, or any action actions or non-action on the part of the BanksLender, the Agents, the Borrower, Borrower or any other personperson or entity, or any other matter, fact or occurrence whatsoever. By executing this Guaranty, Guarantor acknowledges and knowingly accepts the full range of risks encompassed within a contract of guaranty.