Financial Condition of Borrower. Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Agreement and each other Loan Document. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 7 contracts
Samples: General Continuing Guaranty (Servicesource International LLC), General Continuing Guaranty (Omniture, Inc.), General Continuing Guaranty (Servicesource International LLC)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it has read and understands the terms and conditions of the Credit Agreement Agreement, the Notes, and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 4 contracts
Samples: General Continuing Guaranty (McClatchy Co), Guaranty (McClatchy Co), Credit Agreement (McClatchy Co)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it has read and understands the terms and conditions of the Credit Agreement Loan Agreement, the Notes, and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 3 contracts
Samples: Assignment and Assumption (Cheesecake Factory Inc), Assignment and Assumption (Cheesecake Factory Inc), Assignment and Assumption (Cheesecake Factory Inc)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Agreement and each other Loan Document. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 3 contracts
Samples: General Continuing Guaranty (Monotype Imaging Holdings Inc.), General Continuing Guaranty (SAVVIS, Inc.), General Continuing Guaranty (Realpage Inc)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers Secured Parties that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers Secured Parties that it has read and understands the terms and conditions of the Credit Agreement and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 2 contracts
Samples: Security Agreement (Deckers Outdoor Corp), Security Agreement (Deckers Outdoor Corp)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which that a diligent inquiry would reveal and which that bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Loan Agreement and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s 's financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 2 contracts
Samples: General Continuing (Hudson Respiratory Care Inc), General Continuing (Hudson Respiratory Care Inc)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Loan Agreement and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Financial Condition of Borrower. Guarantor represents and warrants to the Lender Group and the each Bank Product Providers Provider that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Lender Group and the each Bank Product Providers Provider that it has read and understands the terms and conditions of the Credit Loan Agreement and each the other Loan DocumentDocuments. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s 's financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Loan Agreement and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s 's financial condition, the financial condition of other guarantors, if any, and of all other LA9 - circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Mortons Restaurant Group Inc)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it has read and understands the terms and conditions of the Credit Agreement Agreement, the Notes, and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.. Form of Guaranty
Appears in 1 contract
Samples: Credit Agreement (McClatchy Co)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower Borrowers and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Agreement and each other Loan Document. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s Borrowers' financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Wabash National Corp /De)
Financial Condition of Borrower. Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the condition (financial condition and otherwise) of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Agreement and each other Loan Document. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s condition (financial conditionand otherwise), the condition (financial condition and otherwise) of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Hawaiian Holdings Inc)
Financial Condition of Borrower. Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Loan Agreement and each other Loan Document. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s 's financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Velocity Asset Management Inc)
Financial Condition of Borrower. Guarantor represents and warrants to the Agent and each Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Agent and each Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Agreement and each the other Loan DocumentDocuments. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Ares Commercial Real Estate Corp)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Agreement and each other Loan Document. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantorsguarantors (including any other Guarantor), if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Internap Network Services Corp)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it such Guarantor is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it such Guarantor has read and understands the terms and conditions of the each Credit Agreement and each other Loan Document. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Stanadyne Holdings, Inc.)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers that Groupthat it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that Groupthat it has read and understands the terms and conditions of the Credit Agreement and each other Loan Document. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s 's financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Hawaiian Holdings Inc)
Financial Condition of Borrower. Guarantor represents and warrants to the Agent each Lender Group and the each Bank Product Providers Provider that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Agent, each Lender Group and the each Bank Product Providers Provider that it has read and understands the terms and conditions of the Credit Agreement and each the other Loan DocumentDocuments and the Bank Product Agreements. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Guaranty (Ares Commercial Real Estate Corp)
Financial Condition of Borrower. Guarantor represents and warrants to the Lender Group and the Bank Product Providers that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Guarantor further represents and warrants to the Lender Group and the Bank Product Providers that it has read and understands the terms and conditions of the Credit Loan Agreement and each other Loan Document. Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.
Appears in 1 contract
Samples: General Continuing Limited Guaranty (Firstcity Financial Corp)
Financial Condition of Borrower. Each Guarantor represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it is currently informed of the financial condition of Borrower and of all other circumstances which a diligent inquiry would reveal and which bear upon the risk of nonpayment of the Guarantied Obligations. Each Guarantor further represents and warrants to the Lender Group and the Bank Product Providers Beneficiaries that it has read and understands the terms and conditions of the Credit Agreement Agreement, the Notes, and each the other Loan DocumentDocuments. Each Guarantor hereby covenants that it will continue to keep itself informed of Borrower’s financial condition, the financial condition of other guarantors, if any, and of all other circumstances which bear upon the risk of nonpayment or nonperformance of the Guarantied Obligations.. Form of Guaranty G-7
Appears in 1 contract
Samples: Restatement Agreement (McClatchy Co)
