Condition of Company. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Company and any other Guarantor such information concerning the financial condition, business and operations of the Company and any such other Guarantor as such Guarantor requires, and that none of the Secured Parties has any duty, and such Guarantor is not relying on the Secured Parties at any time, to disclose to such Guarantor any information relating to the business, operations or financial condition of the Company or any other Guarantor (such Guarantor waiving any duty on the part of the Secured Parties to disclose such information and any defense relating to the failure to provide the same).
Condition of Company. Grantor represents and warrants to Secured Party that it has established adequate means of obtaining from the Company, on a continuing basis, financial and other information pertaining to the business, operations and condition (financial and otherwise) of the Company and its assets, and Grantor now is and hereafter will be completely familiar with the business, operations and condition (financial and otherwise) of the Company and its assets. Grantor hereby expressly waives and relinquishes any duty on the part of Secured Party to disclose to Grantor any matter, fact or thing related to the businesses, operations or condition (financial or otherwise) of the Company and its assets, whether now known or hereafter known by Secured Party during the life of this Agreement. With respect to any of the Obligations, Secured Party need not inquire into the powers of Company, or the officers or employees acting or purporting to act on its behalf, and all Obligations made or created in good faith reliance upon the professed exercise of such powers shall be secured hereby.
Condition of Company. Each of the Lenders shall have received a copy of, and shall be satisfied with, (i) the audited consolidated financial statements of the Company and its Subsidiaries for the fiscal year ended December 31, 1994, (ii) the most recent interim financial statements of the Company and its Subsidiaries and (iii) the pro forma financial statements of the Company and its Subsidiaries referred to in Section 8.02(b)(iii) and the report thereon addressed to the Lenders prepared by Price Waterhouse LLP.
Condition of Company. The Guarantor is fully aware of the financial condition of the Company and is executing and delivering this Guaranty based solely upon the Guarantor's own independent investigation of all matters pertinent hereto, and is not relying in any manner upon any representation or statement of FHB. The Guarantor represents and warrants that the Guarantor is in a position to obtain and the Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the Company's financial condition and any other matter pertinent hereto as the Guarantor may desire, and the Guarantor is not relying upon or expecting FHB to furnish to the Guarantor any information now or hereafter in FHB's possession concerning the same or any other matter. By executing this Guaranty, the Guarantor knowingly acknowledges and accepts the full range of risks encompassed within a contract of this type. The Guarantor shall have no right to require FHB to obtain or disclose any information with respect to the indebtedness under the Notes or the obligations of the Company under the Loan Documents, the financial condition or character of the Company, the Company's ability to pay such indebtedness or perform such obligations, the existence of any collateral or security for any or all of such indebtedness or such obligations, the existence or non-existence of any other guaranties of all or any part of such indebtedness or such obligations, or any action or non-action on the part of FHB, the Company, or any other person, or any other matter, fact or occurrence whatsoever.
Condition of Company. Seller represents and warrants to Purchaser that the Company is free and clear of all debts and encumbrances of any kind or nature, is a reporting company in accordance with the Securities and Exchange Act of 1934, as amended, as of the closing date, [Confidential Information Redacted] and such other Key Card Communications reasonable representations and warranties that may be required.
Condition of Company. Each Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Company and any other guarantor of the Obligations such information concerning the financial condition, business and operations of the Company and any such other guarantor as such Guarantor requires, and that the LC Participants have no duty, and such Guarantor is not relying on the LC Participants at any time, to disclose to such Guarantor any information relating to the business, operations or financial condition of the Company or any other guarantor (each Guarantor waiving any duty on the part of the LC Participants to disclose such information and any defense relating to the failure to provide the same).
Condition of Company. Guarantor is fully aware of the financial condition of the Company and is executing and delivering this Guaranty based solely upon Guarantor’s own independent investigation of all matters pertinent hereto and is not relying in any manner upon any representation or statement made by Lender. Guarantor hereby represents and warrants that Guarantor is in a position to obtain, and Guarantor hereby assumes full responsibility for obtaining, any additional information concerning the Company’s financial condition and any other matters pertinent to Guarantor’s decision to execute and deliver this Guaranty as Guarantor may desire, and Guarantor is not relying upon or expecting Lender to furnish to Guarantor any information now or hereafter in Lender’s possession concerning the same or any other matter whatsoever. By executing this Guaranty, Guarantor knowingly accepts the full range of risks encompassed within a contract of this type, which risks Guarantor acknowledges.
Condition of Company. The Guarantor acknowledges and agrees that it has the sole responsibility for, and has adequate means of, obtaining from the Company and any other guarantor such information concerning the financial condition, business and operations of the Company and any such other guarantor as the Guarantor requires, and that the Holders have no duty, and the Guarantor is not relying on the Holders at any time, to disclose to the Guarantor any information relating to the business, operations or financial condition of the Company or any other guarantor (the guarantor waiving any duty on the part of the Holders to disclose such information and any defense relating to the failure to provide the same).
Condition of Company. Since May 31, 1996, Company has kept the Business and its organization intact; has maintained the good will of its customers; and has conducted the Business in the same manner as it had been conducted prior to that date.
Condition of Company. Guarantor represents and warrants to Bank that: (a) this Guaranty is executed at Company's request; (b) Guarantor has established adequate
