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

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Representatives and the Junior Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Representatives and the Junior Secured Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Representative or any Junior Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Representatives and the Junior Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives Second Priority Representative and the Junior Secured Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Debt Parties, the Junior Representatives Second Priority Representative and the Junior Secured Second Priority Debt Parties shall have no 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 any the Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives Second Priority Representative and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Secured Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the its Subsidiaries of the Borrower and all any endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Secured Second Priority Debt Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation investigation, or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Lenders and their Representatives, on the Senior Secured Partiesone hand, the Junior Representatives and the Junior Secured Parties Trustee and the Noteholders, on the other hand, shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the Subsidiaries of the Borrower and all endorsers or and/or guarantors of the Senior Obligations Noteholder Claims or the Junior Debt Obligations Senior Lender Claims and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations Noteholder Claims or the Junior Debt ObligationsSenior Lender Claims. The Senior RepresentativesNone of the Collateral Agent, the Senior Secured PartiesLenders, the Junior Representatives and the Junior Secured Parties Trustee or any Noteholder shall have no 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 any Senior Representativethe Collateral Agent, any of the Senior Secured PartyLenders, any Junior Representative the Trustee or any Junior Debt Partyof the Noteholders, in its or their sole discretion, undertakes at any time or from time to time to provide any such information to the any other party, it or they shall be under no obligation (w) to (i) make, and the Senior RepresentativesCollateral Agent, the Senior Secured PartiesLenders, the Junior Representatives Trustee and the Junior Debt Parties Noteholders shall not make or be deemed to have mademake, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (iix) to provide any additional information or to provide any such information on any subsequent occasion, (iiiy) to undertake any investigation or (ivz) to disclose any information thatwhich, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain confidential or is otherwise required to maintain confidential.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Borrowers and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Secured Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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. SECTION 8.05.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Secured Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Secured Second Priority Debt Parties shall have no 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 any the Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Priority Representatives and the Junior Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Priority Representatives and the Junior Priority Secured Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Priority Representative or any Junior Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Priority Representatives and the Junior Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives and the Junior Secured Parties (other than the Second Priority Representative and the Second Priority Debt Parties) shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Debt Obligations. The Senior RepresentativesRepresentative, the Senior Secured Debt Parties, the Junior Representatives and the Junior Secured Parties shall have no 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 any the Senior Representative, any Senior Secured Party, any Junior Representative or any Junior Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives and the Junior Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Borrowers and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Secured Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives Second Priority Representative and the Junior Secured Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower Company and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations, as applicable. The Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives Second Priority Representative and the Junior Secured Second Priority Debt Parties shall have no 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 any the Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior RepresentativesRepresentative, the Senior Secured Parties, the Junior Representatives Second Priority Representative and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Secured Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and the Subsidiaries of the Borrower and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Secured Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) 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.

Information Concerning Financial Condition of the Company and the Subsidiaries. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Secured Second Priority Debt Parties shall each be responsible for keeping themselves informed of (a) the financial condition of the Borrower and the Subsidiaries of the Borrower thereof and all endorsers or guarantors of the Senior Obligations or the Junior Second Priority Debt Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the Senior Obligations or the Junior Second Priority Debt Obligations. The Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Secured Second Priority Debt Parties shall have no 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 any Senior Representative, any Senior Secured Party, any Junior Second Priority Representative or any Junior Second Priority Debt Party, in its sole discretion, undertakes at any time or from time to time to provide any such information to any other party, it shall be under no obligation to (i) make, and the Senior Representatives, the Senior Secured Parties, the Junior Second Priority Representatives and the Junior Second Priority Debt Parties shall not make or be deemed to have made, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness or validity of any such information so provided, (ii) provide any additional information or to provide any such information on any subsequent occasion, (iii) undertake any investigation or (iv) disclose any information that, pursuant to accepted or reasonable commercial finance practices, such party wishes to maintain as confidential or is otherwise required to maintain as confidential.