Common use of Financial Condition of the Borrower Clause in Contracts

Financial Condition of the Borrower. The Guarantor represents that it has knowledge of the Borrower's financial condition and affairs and that it has adequate means to obtain from the Borrower on an ongoing basis information relating thereto and to the Borrower's ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guaranty is in effect with respect to the Guarantor. The Guarantor agrees that the Guaranteed Parties shall have no obligation to investigate the financial condition or affairs of the Borrower for the benefit of the Guarantor nor to advise the Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower that might become known to any Guaranteed Party at any time, whether or not such Guaranteed Party knows or believes or has reason to know or believe that any such fact or change is unknown to the Guarantor, or might (or does) materially increase the risk of the Guarantor as guarantor, or might (or would) affect the willingness of the Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Chartwell Re Corp), Credit Agreement (Chartwell Re Holdings Corp)

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Financial Condition of the Borrower. The Guarantor represents that it ----------------------------------- has knowledge of the Borrower's financial condition and affairs and that it has adequate means to obtain from the Borrower on an ongoing basis information relating thereto and to the Borrower's ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guaranty is in effect with respect to the Guarantoreffect. The Guarantor agrees that the Guaranteed Parties shall have no obligation to investigate the financial condition or affairs of the Borrower for the benefit of the Guarantor nor to advise the Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower that might become known to any Guaranteed Party at any time, whether or not such Guaranteed Party knows or believes or has reason to know or believe that any such fact or change is unknown to the Guarantor, or might (or does) materially increase the risk of the Guarantor as guarantor, or might (or would) affect the willingness of the Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Petersen Companies Inc), Parent Guaranty (Petersen Companies Inc)

Financial Condition of the Borrower. The Guarantor represents that it has knowledge of the Borrower's ’s financial condition and affairs and that it has adequate means to obtain from the Borrower on an ongoing basis information relating thereto and to the Borrower's ’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guaranty is in effect with respect to the Guarantoreffect. The Guarantor agrees that the Guaranteed Parties shall have no obligation to investigate the financial condition or affairs of the Borrower for the benefit of the Guarantor nor or to advise the Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower that might become known to any Guaranteed Party at any time, whether or not such Guaranteed Party knows or believes or has reason to know or believe that any such fact or change is unknown to the Guarantor, or might (or does) materially increase the risk of the Guarantor as guarantor, or might (or would) affect the willingness of the Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Guaranty Agreement (IntercontinentalExchange Group, Inc.), Guaranty Agreement (IntercontinentalExchange Group, Inc.)

Financial Condition of the Borrower. The Each Guarantor represents that ----------------------------------- it has knowledge of the Borrower's financial condition and affairs and that it has adequate means to obtain from the Borrower on an ongoing basis information relating thereto and to the Borrower's ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guaranty is in effect with respect to the such Guarantor. The Each Guarantor agrees that the Guaranteed Parties shall have no obligation to investigate the financial condition or affairs of the Borrower for the benefit of the either Guarantor nor to advise the either Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower that might become known to any Guaranteed Party at any time, whether or not such Guaranteed Party knows or believes or has reason to know or believe that any such fact or change is unknown to the either Guarantor, or might (or does) materially increase the risk of the either Guarantor as guarantor, or might (or would) affect the willingness of the either Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 2 contracts

Samples: Parent Guaranty (Petersen Companies Inc), Parent Guaranty (Petersen Holdings LLC)

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Financial Condition of the Borrower. The Each Subsidiary Guarantor represents that it has knowledge of the Borrower's ’s financial condition and affairs and that it has adequate means to obtain from the Borrower on an ongoing basis information relating thereto and to the Borrower's ’s ability to pay and perform the Guaranteed Obligations, and agrees to assume the responsibility for keeping, and to keep, so informed for so long as this Guaranty is in effect with respect to the such Subsidiary Guarantor. The Each Subsidiary Guarantor agrees that the Guaranteed Parties Party shall have no obligation to investigate the financial condition or affairs of the Borrower for the benefit of the any Subsidiary Guarantor nor to advise the any Subsidiary Guarantor of any fact respecting, or any change in, the financial condition or affairs of the Borrower that might become known to any the Guaranteed Party at any time, whether or not such a Guaranteed Party knows or believes or has reason to know or believe that any such fact or change is unknown to the any Subsidiary Guarantor, or might (or does) materially increase the risk of the any Subsidiary Guarantor as guarantor, or might (or would) affect the willingness of the any Subsidiary Guarantor to continue as a guarantor of the Guaranteed Obligations.

Appears in 1 contract

Samples: Subordination Agreement (General Finance CORP)

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