Common use of Information Concerning Clause in Contracts

Information Concerning. Financial Condition of the Borrower, the ABL Borrowers and the Subsidiaries. No ABL Agent nor any ABL Secured Party shall have any obligation to any Term Loan/Notes Agent or any Term Loan/Notes Secured Party to keep any Term Loan/Notes Agent or any Term Loan/Notes Secured Party informed of, and each Term Loan/Notes Agent and the Term Loan/Notes Secured Parties shall not be entitled to rely on, the ABL Agent or the ABL Secured Parties with respect to, (a) the financial condition of the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan/Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan/Notes Obligations. No Term Loan/Notes Table of Contents Agent or any Term Loan/Notes Secured Party shall have any obligation to the ABL Agent or any ABL Secured Party to keep the ABL Agent or any ABL Secured Party informed of, and the ABL Agent and the ABL Secured Parties shall not be entitled to rely on, any Term Loan/Notes Agent or the Term Loan/Notes Secured Parties with respect to, (a) the financial condition of the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations or the Term Loan/Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Obligations or the Term Loan/Notes Obligations. The ABL Agent, the ABL Secured Parties, the Term Loan/Notes Agents and the Term Loan/Notes 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 the ABL Agent, any ABL Secured Party, any Term Loan/Notes Agent or any Term Loan/Notes 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 the ABL Agent, the ABL Secured Parties, the Term Loan/Notes Agents and the Term Loan/Notes Secured Parties 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 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

Sources: Abl Intercreditor Agreement (Community Health Systems Inc)

Information Concerning. Financial Condition of the BorrowerRevolving Borrowers, the ABL Borrowers Issuer and Their Subsidiaries. The Revolving Collateral Agent and Revolving Claimholders, on the one hand, and the Subsidiaries. No ABL Agent nor any ABL Secured Party shall have any obligation to any Term Loan/Notes Agent or any Term Loan/Notes Secured Party to keep any Term Loan/Notes Agent or any Term Loan/Notes Secured Party informed of, and each Term Loan/Notes Collateral Agent and Notes Claimholders, on the Term Loan/Notes Secured Parties other hand, shall not each be entitled to rely on, the ABL Agent or the ABL Secured Parties with respect to, responsible for keeping themselves informed of (a) the financial condition of the Borrower and Revolving Borrowers, the Grantors Issuer, their Subsidiaries and all endorsers and/or guarantors of the ABL Revolving Obligations or the Term Loan/Notes Obligations and (b) all other circumstances bearing upon the risk of nonpayment of the ABL Revolving Obligations or the Term Loan/Notes Obligations. No Term Loan/; provided that, nothing herein shall obligate the Notes Table Collateral Agent for keeping itself informed of Contents Agent or any Term Loan/Notes Secured Party shall have any obligation to the ABL Agent or any ABL Secured Party to keep the ABL Agent or any ABL Secured Party informed of, and the ABL Agent and the ABL Secured Parties shall not be entitled to rely on, any Term Loan/Notes Agent or the Term Loan/Notes Secured Parties with respect to, (a) the financial condition of the Borrower and the Grantors and all endorsers and/or guarantors of the ABL Obligations Issuer or the Term Loan/Notes Obligations and (b) all Guarantors or other circumstances bearing upon non-payment beyond that which may be required by the risk of nonpayment of the ABL Obligations or the Term Loan/Notes ObligationsExisting Indenture. The ABL Agent, the ABL Secured Parties, the Term Loan/Notes Agents Revolving Collateral Agent and the Term Loan/Notes Secured Parties Revolving Claimholders shall have no duty to advise the Notes Collateral Agent and Notes Claimholders of information known to it or them regarding such condition or any other party hereunder such circumstances or otherwise. The Notes Collateral Agent and Notes Claimholders shall have no duty to advise the Revolving Collateral Agent or any Revolving Claimholder of information known to it or them regarding such condition or any such circumstances or otherwise. In the event that the ABL Agent, any ABL Secured Party, any Term Loan/Notes Revolving Collateral Agent or any Term Loan/Revolving Claimholders, or the Notes Secured PartyCollateral Agent or any Notes Claimholders, in its or their sole discretion, undertakes undertake at any time or from time to time to provide any such information to any other partyparty to this Agreement, it or they shall be under no obligation obligation: (wa) to make, and the ABL Agent, the ABL Secured Parties, the Term Loan/Notes Agents Revolving Collateral Agent and the Term Loan/Revolving Claimholders, or the Notes Secured Parties Collateral Agent and the Notes Claimholders, as the case may be, shall not be required to make, any express or implied representation or warranty, including with respect to the accuracy, completeness, truthfulness truthfulness, or validity of any such information so provided, ; (xb) to provide any additional information or to provide any such information on any subsequent occasion, ; (yc) to undertake any investigation or investigation; or (zd) to disclose any information thatinformation, which 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

Sources: Intercreditor Agreement