Common use of Information Concerning Financial Condition of the Borrower and the other Loan Parties Clause in Contracts

Information Concerning Financial Condition of the Borrower and the other Loan Parties. Each of the Second Lien Priority Secured Parties and the First Lien Priority Secured Parties assumes responsibility for keeping itself informed of the financial condition of the Borrower and each of the other Loan Parties and all other circumstances bearing upon the risk of nonpayment of the First Lien Priority Obligations or the Second Lien Priority Obligations. The Second Lien Priority Representatives and the First Lien Priority Representatives hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Second Lien Priority Representative or any First Lien Priority Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.

Appears in 2 contracts

Samples: Intercreditor Agreement (Anywhere Real Estate Group LLC), Intercreditor Agreement (Realogy Holdings Corp.)

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Information Concerning Financial Condition of the Borrower and the other Loan Parties. Each of the First Priority Representative, the Second Lien Priority Secured Parties Representative and the First Lien Junior Priority Secured Parties Representative hereby assumes responsibility for keeping itself informed of the financial condition of the Borrower and each of the other Loan Parties and all other circumstances bearing upon the risk of nonpayment of the First Lien Priority Obligations, the Second Priority Obligations or the Second Lien Junior Priority Obligations. The First Priority Representative, the Second Lien Priority Representatives Representative and the First Lien Junior Priority Representatives Representative hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any of the First Priority Representative, the Second Lien Priority Representative or any First Lien the Junior Priority Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.

Appears in 2 contracts

Samples: First Lien Security Agreement (Delta Air Lines Inc /De/), Intercreditor Agreement (Delta Air Lines Inc /De/)

Information Concerning Financial Condition of the Borrower and the other Loan Parties. Each of the Second First Lien Junior Priority Secured Parties and the First Lien Senior Priority Secured Parties assumes responsibility for keeping itself informed of the financial condition of the Borrower and each of the other Loan Parties and all other circumstances bearing upon the risk of nonpayment of the First Lien Senior Priority Obligations or the Second First Lien Junior Priority Obligations. The Second First Lien Junior Priority Representatives and the First Lien Senior Priority Representatives hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Second First Lien Junior Priority Representative or any First Lien Senior Priority Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.

Appears in 1 contract

Samples: Amended and Restated Intercreditor Agreement (Domus Holdings Corp)

Information Concerning Financial Condition of the Borrower and the other Loan Parties. Each of the Second First Lien Junior Priority Secured Parties and the First Lien Senior Priority Secured Parties assumes responsibility for keeping itself informed of the financial condition of the Borrower and each of the other Loan Parties and all other circumstances bearing upon the risk of nonpayment of the First Lien Senior Priority Obligations or the Second First Lien Junior Priority Obligations. The Second First Lien Junior Priority Representatives Representative and the First Lien Senior Priority Representatives Representative hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any Second the First Lien Junior Priority Representative or any the First Lien Senior Priority Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.

Appears in 1 contract

Samples: Intercreditor Agreement (Realogy Corp)

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Information Concerning Financial Condition of the Borrower and the other Loan Parties. Each of the Third Priority Representative, the Second Lien Priority Secured Parties Representative and the First Lien Priority Secured Parties assumes Representative hereby assume responsibility for keeping itself informed of the financial condition of the Borrower and each of the other Loan Parties and all other circumstances bearing upon the risk of nonpayment of the First Lien Priority Obligations, the Second Priority Obligations or the Second Lien Third Priority Obligations. The Third Priority Representative, the Second Lien Priority Representatives Representative and the First Lien Priority Representatives Representative hereby agree that no party shall have any duty to advise any other party of information known to it regarding such condition or any such circumstances. In the event any the Third Priority Representative, the Second Lien Priority Representative or any the First Lien Priority Representative, in its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, it shall be under no obligation (a) to provide any such information to such other party or any other party on any subsequent occasion, (b) to undertake any investigation not a part of its regular business routine, or (c) to disclose any other information.

Appears in 1 contract

Samples: Three Party Intercreditor Agreement (Libbey Inc)

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