Information Concerning the Borrower. The Guarantors assume all responsibility for being and keeping themselves informed of the financial condition and assets of the Borrower, the other Guarantors and their respective Subsidiaries, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks which the Guarantors assume and insure hereunder, and agree that neither the Administrative Agent, any Lender nor any other Secured Party shall have any duty to advise the Guarantors of information known to the Administrative Agent, any such Lender or any such other Secured Party regarding or in any manner relevant to any of such circumstances or risks.
Information Concerning the Borrower. The Borrower shall:
Information Concerning the Borrower. The Guarantors assume all responsibility for being and keeping themselves informed of the financial condition and assets of the Borrower, the other Guarantors and their respective Subsidiaries, and of all other circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations and the nature, scope and extent of the risks which the Guarantors assume and insure hereunder, and agree that neither the Administrative Agent nor any Lender shall have any duty to advise the Guarantors of information known to the Administrative Agent or any such Lender regarding or in any manner relevant to any of such circumstances or risks.
Information Concerning the Borrower. (a) The Borrower shall deliver to the Bank: (i) as soon as they become available but in any event within 90 days after the end of each of its financial years (and for the financial year ending on 31 December 2019, 120 days after the end of this financial year) its audited consolidated and unconsolidated annual report, balance sheet, cash flow statement, profit and loss account and auditors report for that financial year; and (ii) as soon as they become available but in any event within 60 days after the end of each of the relevant accounting periods its interim consolidated and unconsolidated semi-annual report, balance sheet, profit and loss account and cash flow statement for the first half-year of each of its financial years; (iii) from time to time, such further information, evidence or document concerning its general financial situation or such certificates of compliance with the undertakings of Article 7 (Borrower undertakings and representations) the factual information or documents provided to the Bank for the purposes of entering into this Contract as the Bank may deem necessary or may reasonably require to be provided within a reasonable time; and (iv) any such information or further document concerning customer due diligence matters of, or for, the Borrower to comply with “Know your customer” (KYC) or similar identification procedures as the Bank may deem necessary or may reasonably require to be provided within a time; (b) The Borrower shall inform the Bank immediately of: (i) any Event of Default having occurred or being threatened or anticipated; (ii) to the extent permitted by law, any material litigation, arbitration, administrative proceedings or investigation carried out by a court, administration or similar public authority, which, to the best of its knowledge and belief is current, threatened or pending: (1) against the Borrower or its controlling entities or members of the Borrower's management bodies in connection with Illegal Activities related to the Loan or the Investment; or
Information Concerning the Borrower. The Borrower shall, and shall procure that the PMU will (as applicable):
Information Concerning the Borrower. The Lender confirms that it has obtained all permissions or approvals from the Borrower necessary or desirable to enable the Guarantor and each Guarantor Related Party to exercise its rights, or perform its obligations, under the EMFS Guarantee (including its rights under Clauses 8.2 (Monitoring and audit) and 10.3 (Information) of the Agreement), in each case no later than the date the Application Letter is submitted by the Borrower and the Lender.
Information Concerning the Borrower. Solely for the purpose of this Rollover Agreement and the Warrants, and not for any other purpose whatsoever:
Information Concerning the Borrower. The Guarantor hereby warrants to the Bank that the Guarantor now has and will continue to have independent means of obtaining information concerning the affairs, financial condition and business of the Borrower. The Bank has no duty or responsibility to provide the Guarantor with any credit or other information concerning the affairs, financial condition or business of the Borrower which may come into the Bank's possession. 13.
Information Concerning the Borrower. Each of ComVest and MTB hereby assumes responsibility for keeping itself informed of the financial condition of the Borrower and of all other circumstances bearing upon the risk of non-payment of the ComVest Obligations and/or the MTB Obligations that diligent inquiry would reveal, and each party hereby agrees that, except to the extent expressly provided in this Agreement, the other party shall have no duty to advise of information known to the other party regarding such condition or any such circumstances. In the event that either party, in its sole discretion, undertakes, at any time or from time to time, to provide any such information to the other party, such party shall be under no obligation (a) to provide any such information on any subsequent occasion, or (b) to undertake any investigation not a part of its regular business routine.
