Common use of Financial Condition of Borrowers Clause in Contracts

Financial Condition of Borrowers. Any Credit Extension may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowers. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers and its ability to perform its obligations under the Credit Documents and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers now known or hereafter known by any Beneficiary.

Appears in 4 contracts

Samples: Credit Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)

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Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by Agent or any BeneficiaryLender.

Appears in 4 contracts

Samples: Loan and Security Agreement (U.S. Concrete, Inc.), Loan and Security Agreement (Us Concrete Inc), Loan, Security and Guarantee Agreement (National CineMedia, Inc.)

Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary Neither Administrative Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Administrative Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by Administrative Agent or any BeneficiaryLender.

Appears in 3 contracts

Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)

Financial Condition of Borrowers. Any Credit Extension Loans may be made granted to Borrowers any Borrower or continued from time to time, in each case time without notice to or authorization from any Guarantor Guarantors regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuation. No Beneficiary Lenders and Agent shall have any no obligation to disclose or discuss with any Guarantor its their assessment, or any Guarantor’s 's assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has Guarantors have adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers each Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes Guarantors assume the responsibility for being and keeping informed of the financial condition of Borrowers each Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers each Borrower now known or hereafter known by Agent or any BeneficiaryLender.

Appears in 1 contract

Samples: Ramsay Youth Services Inc

Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary Lender shall not have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by any BeneficiaryLender.

Appears in 1 contract

Samples: Loan Agreement (Par Pacific Holdings, Inc.)

Financial Condition of Borrowers. Any Credit Extension may be made to Borrowers or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary Neither the Administrative Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowers. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers and its their ability to perform its their obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of the Administrative Agent and/or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers now known or hereafter known by the Administrative Agent and/or any BeneficiaryLender.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Pharma, Inc.)

Financial Condition of Borrowers. Any Credit Extension Loans may be made granted to Borrowers any Borrower or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers Company or any Borrower at the time of any such grant or continuation. No Beneficiary Lenders and Agent shall have any no obligation to disclose or discuss with any Guarantor its their assessment, or any Guarantor’s 's assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers Company or each Borrower on a continuing basis concerning the financial condition of Borrowers Company or each Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers Company or each Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Guarantied Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by Agent or any BeneficiaryLender.

Appears in 1 contract

Samples: MDCP Guaranty (Hines Horticulture Inc)

Financial Condition of Borrowers. Any Credit Extension may be made to Borrowers Company or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuationcontinuation is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers any Borrower on a continuing basis concerning the financial condition of Borrowers any Borrower and its ability to perform its obligations under the Credit Loan Documents and the Bank Product Agreements, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers any Borrower and of all circumstances bearing upon the risk of nonpayment non-payment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Financing Agreement (Metalico Inc)

Financial Condition of Borrowers. Any Credit Extension credit advances may be made granted to Borrowers or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s 's assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers and its their ability to perform its their obligations under the Credit Documents Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Guarantied Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Credit Agreement (Mediabay Inc)

Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by Agent or any BeneficiaryLender. 14.11.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

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Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuationgrant. No Beneficiary Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by Agent or any BeneficiaryLender.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. No Beneficiary Neither Administrative Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers each Borrower on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Administrative Agent or any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers any Borrower now known or hereafter known by Administrative Agent or any Beneficiary.Lender. 146

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)

Financial Condition of Borrowers. Any Credit Extension may be made to Borrowers or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuationcontinuation is entered into, as the case may be. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersa Borrower. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers such Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment non-payment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Financial Condition of Borrowers. Any Credit Extension credit extension may be made to Borrowers or continued from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation, as the case may be. No Beneficiary Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers each Borrower and its ability to perform its obligations under the Credit Documents Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers now known or hereafter known by any BeneficiaryLender.

Appears in 1 contract

Samples: Purchase Agreement (Prommis Solutions Holding Corp.)

Financial Condition of Borrowers. Any Credit Extension Loan may be made to Borrowers any Borrower or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuation. No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of Borrowersany Borrower. Each Guarantor has adequate means to obtain information from the Borrowers on a continuing basis concerning the financial condition of the Borrowers and its their ability to perform its their obligations under the Credit Documents Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of the Borrowers now known or hereafter known by any Beneficiary.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Financial Condition of Borrowers. Any Credit Extension Loans may be made granted to Borrowers or continued from time to time, in each case time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers Borrowers, or any of them, at the time of any such grant or continuation. No Beneficiary Lender shall have any no obligation to disclose or discuss with any Guarantor its their assessment, or any Guarantor’s 's assessment, of the financial condition of Borrowers, or any of them. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers and its their ability to perform its their obligations under the Credit Documents Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Guarantied Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of any Beneficiary Lender to disclose any matter, fact or thing relating to the business, operations or conditions of Borrowers Borrowers, or any of them, now known or hereafter known by Agent or any BeneficiaryLender.

Appears in 1 contract

Samples: Spelling Entertainment Group Inc

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