Common use of Condition of the Borrower Clause in Contracts

Condition of the 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 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 11 contracts

Samples: Credit Agreement (Safety, Income & Growth, Inc.), Credit Agreement (Safety, Income & Growth, Inc.), Credit Agreement (Starwood Property Trust, Inc.)

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Condition of the 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 Creditor Parties has any duty, and such Guarantor is not relying on the Secured Creditor Parties at any time, to disclose to 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 Creditor Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 6 contracts

Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust), Credit Agreement (Acadia Realty Trust)

Condition of the 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 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 Lender Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Samples: Credit Agreement (Warner Bros. Discovery, Inc.), Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Condition of the 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 of the Guaranteed Obligations 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 Creditor Parties has any duty, and such Guarantor is not relying on the Secured Creditor Parties at any time, to disclose to such Guarantor any information relating to the business, operations or financial condition of the Borrower or any other guarantor of the Guaranteed Obligations (each such Guarantor waiving any duty on the part of the Secured Creditor Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 4 contracts

Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.), Credit Agreement (Kennedy-Wilson Holdings, Inc.)

Condition of the Borrower. Each Guarantor Holdings 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 Holdings requires, and that none of the Secured Guarantied Parties has any duty, and such Guarantor Holdings is not relying on the Secured Guarantied Parties at any time, to disclose to such Guarantor Holdings any information relating to the business, operations or financial condition of the Borrower or any other guarantor (each Guarantor Holdings 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 3 contracts

Samples: Credit Agreement (Avery Dennison Corp), Credit Agreement (Avery Dennison Corporation), Credit Agreement (Avery Dennison Corporation)

Condition of the 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 such Guarantor 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 2 contracts

Samples: Credit Agreement (Parsons Corp), Credit Agreement (Parsons Corp)

Condition of the 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 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).. 11.10

Appears in 1 contract

Samples: Credit Agreement (Safehold Inc.)

Condition of the 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 Creditor Parties has any duty, and such Guarantor is not relying on the Secured Creditor Parties at any time, to disclose to such Guarantor any information relating to the business, operations or financial condition of the 121 Borrower or any other guarantor (each Guarantor waiving any duty on the part of the Secured Creditor Parties to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Assignment and Assumption (Acadia Realty Trust)

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Condition of the 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 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 Lender Parties to disclose such information and any defense relating to the failure to provide the same). ARTICLE XI.

Appears in 1 contract

Samples: Credit Agreement (Warner Bros. Discovery, Inc.)

Condition of the 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 of the Obligations 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 Lenders have no duty, and such Guarantor is not relying on the Secured Parties Lenders at any time, to disclose to 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 Lenders to disclose such information and any defense relating to the failure to provide the same).

Appears in 1 contract

Samples: Guaranty (Tenet Healthcare Corp)

Condition of the 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 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 1 contract

Samples: Credit Agreement (Seitel Inc)

Condition of the 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 individual Guarantor requires, and that none of the Secured Parties Lender has any no duty, and such no Guarantor is not relying on the Secured Parties Lender at any time, to disclose to 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 (Microsemi Corp)

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