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, and any Secured Hedge Agreements and Secured Bank Product Agreements may be entered into 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 or at the time such Secured Hedge Agreement or such Secured Bank Product Agreement, as applicable, 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 Borrowers. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers and their ability to perform their Secured Obligations under the Credit Documents, the Secured Hedge Agreements and the Secured Bank Product Agreements, 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 3 contracts

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, Inc.)

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Financial Condition of Borrowers. Any Credit Extension may be made to Borrowers or continued from time to time, and any Secured Hedge Interest Rate Agreements and Secured Bank Product Cash Management Agreements may be entered into from time to time, in each case case, 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 or at the time such Secured Hedge Interest Rate Agreement or such Secured Bank Product Agreement, as applicable, Cash Management Agreement is entered into, as the case may be. No Beneficiary Secured Party 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 their its ability to perform their Secured Obligations its obligations under the Credit Documents, the any Secured Hedge Agreements and the Secured Bank Product AgreementsInterest Rate Agreement or Cash Management Agreement, and each Guarantor assumes 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 any Beneficiary Secured Party 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 BeneficiarySecured Party.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)

Financial Condition of Borrowers. Any Credit Extension may be made to the Borrowers or continued from time to time, and any Secured Hedge Agreements and Secured or Bank Product Agreements Documents may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of the Borrowers at the time of any such grant or continuation or at the time such Secured Hedge Agreement or such Secured Bank Product Agreement, as applicable, Document 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 the Borrowers. Each Guarantor has adequate means to obtain information from the Borrowers on a continuing basis concerning the financial condition of the Borrowers and their ability to perform their Secured Obligations respective obligations under the Credit Loan Documents, the Secured Hedge Agreements and the Secured Bank Product AgreementsDocuments, 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: Revolving Credit and Guaranty Agreement (Varex Imaging Corp)

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Financial Condition of Borrowers. Any Credit Extension may be made to Borrowers or continued from time to time, time and any Secured Hedge Agreements and Agreement or any Secured Bank Product Agreements Treasury Services Agreement may be entered into 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 or at the time such Secured Hedge Agreement or such Secured Bank Product Agreement, as applicable, Treasury Services Agreement 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 Borrowers. Each Guarantor has adequate means to obtain information from Borrowers on a continuing basis concerning the financial condition of Borrowers and their its ability to perform their Secured Obligations its obligations under the Credit Documents, the Secured Hedge Agreements and the Secured Bank Product Treasury Services Agreements, 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 1 contract

Samples: Credit and Guaranty Agreement (AVG Technologies N.V.)

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