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. The Senior Lien Collateral Agent and the Senior Lien Claimholders, on the one hand, and the Junior Lien Claimholders and the Junior Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Senior Lien Obligations or the Junior Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Lien Obligations or the Junior Lien Obligations. The First Lien Collateral Agent, the Second Lien Collateral Agent and the other Senior Lien Claimholders shall have no duty to advise the Junior Lien Collateral Agent or any other Junior Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, the Second Lien Collateral Agent or any of the other Senior Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Lien Collateral Agent or any other Junior Lien Claimholder, it or they shall be under no obligation:

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement

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Information Concerning Financial Condition of the Company and its Subsidiaries. The Senior First Lien Collateral Agent and the Senior First Lien Claimholders, on the one hand, and the Junior Subordinated Lien Claimholders and the Junior Lien Subordinated Collateral AgentTrustee, on the other hand, shall each be responsible for keeping themselves informed of (ax) the financial condition of the Grantors Company and their its Subsidiaries and all endorsers and/or guarantors of the Senior First Lien Obligations or the Junior Subordinated Lien Obligations and (by) all other circumstances bearing upon the risk of nonpayment of the Senior First Lien Obligations or the Junior Subordinated Lien Obligations. The First Lien Collateral Agent, the Second Lien Collateral Agent and the other Senior First Lien Claimholders shall have no duty to advise the Junior Lien Subordinated Collateral Agent Trustee or any other Junior Subordinated Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, the Second Lien Collateral Agent or any of the other Senior First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Lien Subordinated Collateral Agent Trustee or any other Junior Subordinated Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: First and Subordinated Lien Intercreditor Agreement (CVR Energy Inc)

Information Concerning Financial Condition of the Company and its Subsidiaries. The Senior Lien Collateral Agent and Representatives, the Senior Lien Collateral Agents and the Limited Secured Acquisition Claimholders, on the one hand, and the Junior Lien Claimholders and holders of the Junior Lien Collateral AgentObligations, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors Company and their its Subsidiaries and all any endorsers and/or or guarantors of the Senior Lien Limited Secured Acquisition Obligations or the Junior Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Lien Limited Secured Acquisition Obligations or the Junior Lien Obligations. The First Senior Lien Representatives, the Senior Lien Collateral Agent, the Second Lien Collateral Agent Agents and the other Senior Limited Secured Acquisition Claimholders, on the one hand, and the Junior Lien Claimholders Representatives, the Junior Lien Collateral Agents and any other Junior Lien Claimholder, on the other hand, shall have no duty to advise the Junior Lien Collateral Agent or any other Junior Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, the Second Lien Collateral Agent or any of the other Senior Lien ClaimholdersClaimholder, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Lien Collateral Agent or any other Junior Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Centrus Energy Corp)

Information Concerning Financial Condition of the Company and its Subsidiaries. The Senior First Lien Collateral Agent and the Senior First Lien Claimholders, on the one hand, and the Junior Second Lien Claimholders and the Junior Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors Company and their its Subsidiaries and all endorsers and/or guarantors of the Senior First Lien Obligations or the Junior Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior First Lien Obligations or the Junior Second Lien Obligations. The First Lien Collateral AgentAgent and the First Lien Claimholders, on the one hand, and the Second Lien Collateral Agent and the Second Lien Claimholders, on the other Senior Lien Claimholders hand, shall have no duty to advise the Junior Second Lien Collateral Agent or any Second Lien Claimholder, on the one hand, or the First Lien Collateral Agent or any First Lien Claimholder, on the other Junior Lien Claimholder hand, of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, any of the other First Lien Claimholders, the Second Lien Collateral Agent or any of the other Senior Second Lien Claimholders, Claimholders in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Second Lien Collateral Agent, any Second Lien Claimholder, the First Lien Collateral Agent or any other Junior First Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Nauticus Robotics, Inc.)

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Information Concerning Financial Condition of the Company and its Subsidiaries. The Senior First Lien Collateral Administrative Agent and the Senior First Lien Claimholders, on the one hand, and the Junior Second Lien Claimholders and the Junior Second Lien Collateral AgentTrustee, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Grantors and their Subsidiaries and all endorsers and/or guarantors of the Senior First Lien Obligations or the Junior Second Lien Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior First Lien Obligations or the Junior Second Lien Obligations; provided, that nothing in this Section 8.4 shall impose a duty on the Second Lien Collateral Trustee or Second Lien Indenture Trustee to inform itself or investigate the financial condition of the Borrower or the Guarantors beyond that which may be required under the Second Lien Collateral Trust Agreement or Second Lien Indenture, respectively. The First Lien Collateral Agent, the Second Lien Collateral Administrative Agent and the other Senior First Lien Claimholders shall have no duty to advise the Junior Second Lien Collateral Agent Trustee or any other Junior Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, the Second Lien Collateral Administrative Agent or any of the other Senior First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Second Lien Collateral Agent Trustee or any other Junior Second Lien Claimholder, it or they shall be under no obligation:

Appears in 1 contract

Samples: Intercreditor Agreement (Sunedison, Inc.)

Information Concerning Financial Condition of the Company and its Subsidiaries. (a) The Senior First Lien Collateral Agent and the Senior First Lien Claimholders, on the one hand, and the Junior Second Lien Claimholders and the Junior Second Lien Collateral Agent, on the other hand, shall each be responsible for keeping themselves informed of (ai) the financial condition of the Grantors Company and their its Subsidiaries and all endorsers and/or guarantors of the Senior First Lien Obligations or the Junior Second Lien Obligations and (bii) all other circumstances bearing upon the risk of nonpayment of the Senior First Lien Obligations or the Junior Second Lien Obligations. The First Lien Collateral Agent, the Second Lien Collateral Agent and the other Senior First Lien Claimholders shall have no duty to advise the Junior Second Lien Collateral Agent or any other Junior Second Lien Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event the First Lien Collateral Agent, the Second Lien Collateral Agent or any of the other Senior First Lien Claimholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the Junior Second Lien Collateral Agent or any other Junior Second Lien Claimholder, it or they shall be under no obligation:obligation (w) to make, and the First Lien Collateral Agent and the First 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

Appears in 1 contract

Samples: Intercreditor Agreement (Prospect Medical Holdings Inc)

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