Common use of Condition of Borrowers Clause in Contracts

Condition of Borrowers. Holdings and each Subsidiary Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower and any other guarantor such information concerning the financial condition, business and operations of Borrowers and any such other guarantor as Holdings and each Subsidiary Guarantor requires, and that none of the Lender Parties has any duty, and neither Holdings nor any Subsidiary Guarantor is relying on the Lender Parties at any time, to disclose to Holdings or any Subsidiary Guarantor any information relating to the business, operations or financial condition of Borrowers or any other guarantor (Holdings and each Subsidiary Guarantor waiving any duty on the part of the Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 5 contracts

Samples: Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.), Credit Agreement (e.l.f. Beauty, Inc.)

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Condition of Borrowers. Holdings and each Subsidiary Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower the Borrowers and any other guarantor such information concerning the financial condition, business and operations of the Borrowers and any such other guarantor as Holdings and each Subsidiary Guarantor requires, and that none of the Lender Secured Parties has any duty, and neither Holdings nor any Subsidiary Guarantor is relying on the Lender Secured Parties at any time, to disclose to Holdings or any Subsidiary Guarantor any information relating to the business, operations or financial condition of the Borrowers or any other guarantor (Holdings and each Subsidiary Guarantor waiving any duty on the part of the Lender Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

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Condition of Borrowers. Holdings and each Subsidiary Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from each Borrower Borrower, each other Guarantor and any other guarantor of the Guaranteed Obligations such information concerning the financial condition, business and operations of Borrowers such Borrower, such other Guarantor and any such other guarantor as Holdings and each Subsidiary such Guarantor requires, and that none of the Lender Secured Parties has any have no duty, and neither Holdings nor any Subsidiary such Guarantor is not relying on the Lender Secured Parties at any time, to disclose to Holdings or any Subsidiary such Guarantor any information relating to the business, operations or financial condition of Borrowers any Borrower, any other Guarantor or any other guarantor of the Guaranteed Obligations (Holdings and each Subsidiary Guarantor the Guarantors waiving any duty on the part of the Lender Secured Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 2 contracts

Samples: Credit Agreement (Herbalife Ltd.), Credit Agreement (Herbalife Ltd.)

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