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

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each Term Agent and the ABL Agent 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 Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party receiving such information hereby agrees to hold the providing party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent 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 Term Agent or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasionoccasion except as required pursuant to Section 3.3, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, or (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent hereby agree that no party Party shall have any duty to advise any other party Party of information known to it regarding such condition or any such circumstances. In the event any the Term Agent or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party Party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party Party or any other party Party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents 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 Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Note Collateral Agent and the ABL Revolving Credit Agent hereby assumes assume responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations Revolving Debt or the Term ObligationsSenior HY Debt. Each Term The Note Collateral Agent and the ABL Revolving Credit Agent hereby agree that no party shall have any duty to advise any other party Party of information known to it regarding such condition or any such circumstances. In the event any Term the Note Collateral Agent or the ABL Revolving Credit Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party Party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party Party or any other party Party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, or (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the The Term Agent, any other Term the Notes Agent, Additional Pari Passu Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each Term Agent (if any) and the ABL Agent 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 Term Agent, the Notes Agent, the Additional Pari Passu Agent (if any) or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, or (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents 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 Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the other providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent Revolving Lender hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Revolving Obligations or the Term Obligations. Each The Term Agent and the ABL Agent Revolving Lender 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 Term Agent or the ABL AgentRevolving Lender, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasionoccasion except as required pursuant to Section 3.3, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, or (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each of the Term Agent and the ABL Agent hereby agree agrees 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 that either the Term Agent or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment non-payment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent 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 Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Term Obligations or the Term ABL Obligations. Each The Term Agent and the ABL Agent 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 Term Agent or the ABL Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents 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 Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or in connection with the use of such information.agrees

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents 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 Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents 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 Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees Table of Contents to hold the other providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent Notes Collateral Agents and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Notes Obligations. Each Term Agent The Notes Collateral Agents and the ABL Agent 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 Term Notes Collateral Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party receiving such information hereby agrees to hold the providing party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment non-payment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent hereby agree that no party Party shall have any duty to advise any other party Party of information known to it regarding such condition or any such circumstances. In the event any the Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party Party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party Party or any other party Party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL First Lien Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment non-payment of the ABL First Lien Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL First Lien Agent 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 Term the Second Lien Agent or the ABL First Lien Agent, in their its sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they it shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasionoccasion except as required pursuant to Section 3.3, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, or (b) they make it makes no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the providing party other Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Agent and the ABL Agent hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Obligations. Each The Term Agent and the ABL Agent 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 Term Agent or the ABL Agent, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party receiving such information hereby agrees to hold the providing party harmless from any action the receiving party may take or conclusion the receiving party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party may become subject arising out of or in connection with the use of such information.

Information Concerning Financial Condition of the Loan Parties. (a) Each of the Term Agent, any other Term Second Lien Agent and the ABL Agent Agents hereby assumes responsibility for keeping itself informed of the financial condition of the Loan Parties and all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Second Lien Obligations. Each Term The Second Lien Agent and the ABL Agent Agents 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 Term the Second Lien Agent or the ABL AgentAgents, in their sole discretion, undertakes at any time or from time to time to provide any information to any other party to this Agreement, (a) they shall be under no obligation (i) to provide any such information to such other party or any other party on any subsequent occasion, (ii) to undertake any investigation not a part of its regular business routine, or (iii) to disclose any other information, (b) they make no representation as to the accuracy or completeness of any such information and shall not be liable for any information contained therein, and (c) the party Party receiving such information hereby agrees to hold the other providing party Party harmless from any action the receiving party Party may take or conclusion the receiving party Party may reach or draw from any such information, as well as from and against any and all losses, claims, damages, liabilities, and expenses to which such receiving party Party may become subject arising out of or in connection with the use of such information.