Common use of Information Concerning Financial Condition of the Company and its Subsidiaries Clause in Contracts

Information Concerning Financial Condition of the Company and its Subsidiaries. No First Lien Secured Party shall have any obligation to the Second Lien Agent or any other Second Lien Secured Party to keep the Second Lien Agent or such Second Lien Secured Party informed of, and the Second Lien Agent and the other Second Lien Secured Parties shall not be entitled to rely on the First Lien Agent or any other First Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Agent, or any other First Lien Secured Party, or the Second Lien Agent or any other Second Lien Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, any other First Lien Secured Party, the Second Lien Agent or any other Second Lien Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and none of the First Lien Agent, the other First Lien Secured Parties, the Second Lien Agent or the other Second Lien Secured Parties shall make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) to disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Appears in 3 contracts

Samples: Credit Agreement (Talos Energy Inc.), Intercreditor Agreement (Talos Energy Inc.), Credit Agreement (Talos Energy Inc.)

AutoNDA by SimpleDocs

Information Concerning Financial Condition of the Company and its Subsidiaries. No The First Lien Secured Party shall have any obligation to Agent and the Second First Lien Agent or any other Second Lien Secured Party to keep Claimholders, on the Second Lien Agent or such Second Lien Secured Party informed ofone hand, and the Second Lien Agent and the other Second Lien Secured Parties shall not be entitled to rely Claimholders, on the First Lien Agent or any other First Lien Secured Party with respect tohand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Company and its subsidiaries Subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors endorsers and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien Agent, or any other Agent and the First Lien Secured Party, or Claimholders shall have no duty to advise the Second Lien Agent or any other Second Lien Secured Party Claimholder, and the Second Lien Agent and the Second Lien Claimholders shall not have any no duty to advise the First Lien Agent or any other party hereunder First Lien Claimholder, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the First Lien Agent, any other First Lien Secured Party, the Second Lien Agent or any other Second of the First Lien Secured PartyClaimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Second Lien Agent or any other partySecond Lien Claimholder, it or they shall be under no obligation (w) to make, and none of the First Lien Agent, Agent and the other First Lien Secured Parties, the Second Lien Agent or the other Second Lien Secured Parties Claimholders shall not be deemed to make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) to disclose any information thatwhich such party wishes to maintain confidential or is otherwise required to maintain confidential. In the event the Second Lien Agent or any of the Second Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the First Lien Agent or any First Lien Claimholder, it or they shall be under no obligation (w) to make, and the Second Lien Agent and the Second Lien Claimholders shall not make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) to disclose any information which, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Appears in 2 contracts

Samples: Intercreditor Agreement (National Coal Corp), Assignment and Acceptance Agreement (National Coal Corp)

Information Concerning Financial Condition of the Company and its Subsidiaries. No First Lien Obligations Secured Party shall have any obligation to the any Second Lien Agent Obligations Representative or any other Second Lien Obligations Secured Party to keep the such Second Lien Agent Obligations Representative or such Second Lien Obligations Secured Party informed of, and the Second Lien Agent Obligations Representatives and the other Second Lien Obligations Secured Parties shall not be entitled to rely on the any First Lien Agent Obligations Representative or any other First Lien Obligations Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the Second Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Lien Obligations or the First Lien Obligations. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien AgentRepresentative, or any other First Lien Obligations Secured Party, or the any Second Lien Agent Obligations Representative or any other Second Lien Obligations Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the any First Lien AgentObligations Representative, any other First Lien Obligations Secured Party, the any Second Lien Agent Obligations Representative or any other Second Lien Obligations Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and none of the First Lien AgentObligations Representatives, the other First Lien Obligations Secured Parties, the Second Lien Agent Obligations Representatives or the other Second Lien Obligations Secured Parties shall make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) to disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Appears in 2 contracts

Samples: Second Lien Intercreditor Agreement (ADT, Inc.), Second Lien Intercreditor Agreement (ADT, Inc.)

AutoNDA by SimpleDocs

Information Concerning Financial Condition of the Company and its Subsidiaries. No First Lien Obligations Secured Party shall have any obligation to the Second any Junior Lien Agent Obligations Representative or any other Second Junior Lien Obligations Secured Party to keep the Second such Junior Lien Agent Obligations Representative or such Second Junior Lien Obligations Secured Party informed of, and the Second Junior Lien Agent Obligations Representatives and the other Second Other Junior Lien Obligations Secured Parties shall not be entitled to rely on the any First Lien Agent Obligations Representative or any other First Lien Obligations Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the Second Junior Lien Obligations or the First Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Second Junior Lien Obligations or the First Lien ObligationsObligations Claims. No Second Lien Secured Party shall have any obligation to the First Lien Agent or any other First Lien Secured Party to keep the First Lien Agent or such First Lien Secured Party informed of, and the First Lien Agent and the other First Lien Secured Parties shall not be entitled to rely on the Second Lien Agent or any other Second Lien Secured Party with respect to, (a) the financial condition of the Company and its subsidiaries and all endorsers, pledgors and/or guarantors of the First Lien Obligations or the Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the First Lien Obligations or the Second Lien Obligations. The First Lien AgentRepresentative, or any other First Lien Obligations Secured Party, or the Second any Junior Lien Agent Obligations Representative or any other Second Junior Lien Obligations Secured Party shall not have any duty to advise any other party hereunder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the any First Lien AgentObligations Representative, any other First Lien Obligations Secured Party, the Second any Junior Lien Agent Obligations Representative or any other Second Junior Lien Obligations Secured Party, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it or they shall be under no obligation (w) to make, and none of the First Lien AgentObligations Representatives, the other First Lien Obligations Secured Parties, the Second Junior Lien Agent Obligations Representatives or the other Second Other Junior Lien Obligations Secured Parties shall make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (x) to provide any additional information or to provide any such information on any subsequent occasion, (y) to undertake any investigation or (z) to disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Appears in 1 contract

Samples: First Lien Credit Agreement (Aleris Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.