Common use of Condition of Borrower Clause in Contracts

Condition of Borrower. 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 the Guarantor requires, and that the Agent has no duty, and the Guarantor is not relying on the Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor waiving any duty on the part of the Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 5 contracts

Samples: Continuing Guaranty (Higher One Holdings, Inc.), Continuing Guaranty (Higher One Holdings, Inc.), Continuing Guaranty (Higher One Holdings, Inc.)

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Condition of Borrower. The 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 the such Guarantor requires, and that the Agent Lender has no duty, and the such Guarantor is not relying on the Agent Lender at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor guarantor waiving any duty on the part of the Agent Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)

Condition of Borrower. 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 the Guarantor requires, and that the Agent has no duty, and the Guarantor is not relying on the Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor guarantor waiving any duty on the part of the Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Continuing Guaranty (Higher One Holdings, Inc.), Continuing Guaranty (Higher One Holdings, Inc.)

Condition of Borrower. The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Borrower and or any other guarantor Person such information concerning the financial condition, business and operations of the Borrower and any or such other guarantor Person as the Guarantor requires, and that the Agent neither Lender nor any Holder of Obligations has no any duty, and the Guarantor is not relying on the Agent any Holder of Obligations at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor Person (the Guarantor waiving any duty on the part of the Agent Holders of Obligations 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. 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 the Guarantor requires, and that the Administrative Agent has no duty, and the Guarantor is not relying on the Administrative Agent at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor guarantor waiving any duty on the part of the Administrative Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Guaranty Agreement (Macquarie Infrastructure Co LLC), Guaranty Agreement (Macquarie Infrastructure Corp)

Condition of Borrower. 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 the Guarantor requires, and that the Agent Lender has no duty, and the Guarantor is not relying on the Agent Lender at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor waiving any duty on the part of the Agent Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Peoples Liberation Inc, Peoples Liberation Inc

Condition of Borrower. The 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 the such Guarantor requires, and that the Agent Lender has no duty, and the such Guarantor is not relying on the Agent Lender at any time, to disclose to the Guarantor it any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the each Guarantor waiving any duty on the part of the Agent Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Term Loan Agreement (Allete Inc)

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Condition of Borrower. The 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 the such Guarantor requires, and that the Agent has no duty, and the such Guarantor is not relying on the Agent at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor guarantor waiving any duty on the part of the Agent to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Liberty Property Limited Partnership)

Condition of Borrower. 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 the Guarantor requires, and that the Agent Lender has no duty, and the Guarantor is not relying on the Agent Lender at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor guarantor waiving any duty on the part of the Agent Lender to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

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

Condition of Borrower. The Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, 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 the such Guarantor requires, and that neither the Administrative Agent nor any other Beneficiary has no any duty, and the such Guarantor is not relying on the Administrative Agent or any other Beneficiary at any time, to disclose to the such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor (the Guarantor waiving any duty on the part of the Administrative Agent or any other Beneficiary to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Credit Agreement (Basic Energy Services Inc)

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