Common use of Financial Condition of Borrowers Clause in Contracts

Financial Condition of Borrowers. Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Agent or any Lender.

Appears in 4 contracts

Samples: Loan, Security and Guarantee Agreement (National CineMedia, Inc.), Loan and Security Agreement (U.S. Concrete, Inc.), Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)

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Financial Condition of Borrowers. Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither Administrative Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Administrative Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Administrative Agent or any Lender.

Appears in 3 contracts

Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)

Financial Condition of Borrowers. Any Loan Credit Extension may be made to Borrowers or continued from time to time, time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither the Administrative Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any BorrowerBorrowers. Each Guarantor has adequate means to obtain information from each Borrower Borrowers on a continuing basis concerning the financial condition of such Borrower Borrowers and its their ability to perform its their obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of the Administrative Agent or and/or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower Borrowers now known or hereafter known by the Administrative Agent or and/or any Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Pharma, Inc.)

Financial Condition of Borrowers. Any Loan Loans may be made granted to Borrowers any Borrower or continued from time to time, time without notice to or authorization from any Guarantor Guarantors regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuation. Neither Lenders and Agent nor any Lender shall have any no obligation to disclose or discuss with any Guarantor its their assessment, or any Guarantor’s 's assessment, of the financial condition of any Borrower. Each Guarantor has Guarantors have adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such each Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes Guarantors assume the responsibility for being and keeping informed of the financial condition of Borrowers each Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any each Borrower now known or hereafter known by Agent or any Lender.

Appears in 1 contract

Samples: Ramsay Youth Services Inc

Financial Condition of Borrowers. Any Loan may be made to Borrowers any Borrower or continued from time to time, time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuation. Neither Agent nor any Lender No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower the Borrowers on a continuing basis concerning the financial condition of such Borrower the Borrowers and its their ability to perform its their obligations under the Loan Credit Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of the Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower the Borrowers now known or hereafter known by Agent or any LenderBeneficiary.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & Co)

Financial Condition of Borrowers. Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuationgrant. Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Agent or any Lender.

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

Financial Condition of Borrowers. Any Loan Loans may be made granted to Borrowers any Borrower or continued from time to time, time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers Company or any Borrower at the time of any such grant or continuation. Neither Lenders and Agent nor any Lender shall have any no obligation to disclose or discuss with any Guarantor its their assessment, or any Guarantor’s 's assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from Company or each Borrower on a continuing basis concerning the financial condition of such Company or each Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers Company or each Borrower and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Guarantied Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Agent or any Lender.

Appears in 1 contract

Samples: MDCP Guaranty (Hines Horticulture Inc)

Financial Condition of Borrowers. Any Loan credit extension may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation, as the case may be. Neither Agent nor any No Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower Borrowers on a continuing basis concerning the financial condition of such each Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower Borrowers now known or hereafter known by Agent or any Lender.

Appears in 1 contract

Samples: Purchase Agreement (Prommis Solutions Holding Corp.)

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Financial Condition of Borrowers. Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither Agent nor any Lender shall not have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Agent or any Lender.

Appears in 1 contract

Samples: Loan Agreement (Par Pacific Holdings, Inc.)

Financial Condition of Borrowers. Any Loan credit advances may be made granted to Borrowers or continued from time to time, time without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers any Borrower at the time of any such grant or continuation. Neither Agent nor any Lender No Beneficiary shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s 's assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower Borrowers on a continuing basis concerning the financial condition of such Borrower Borrowers and its their ability to perform its their obligations under the Loan Credit Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Guarantied Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender Beneficiary to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower Borrowers now known or hereafter known by Agent or any LenderBeneficiary.

Appears in 1 contract

Samples: Credit Agreement (Mediabay Inc)

Financial Condition of Borrowers. Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither Administrative Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Administrative Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Administrative Agent or any Lender.. 146

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)

Financial Condition of Borrowers. Any Loan may be made to Borrowers or continued from time to time, without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation. Neither Agent nor any Lender shall have any obligation to disclose or discuss with any Guarantor its assessment, or any Guarantor’s assessment, of the financial condition of any Borrower. Each Guarantor has adequate means to obtain information from each Borrower on a continuing basis concerning the financial condition of such Borrower and its ability to perform its obligations under the Loan Documents, and each Guarantor assumes the responsibility for being and keeping informed of the financial condition of Borrowers and of all circumstances bearing upon the risk of nonpayment of the Guaranteed Obligations. Each Guarantor hereby waives and relinquishes any duty on the part of Agent or any Lender to disclose any matter, fact or thing relating to the business, operations or conditions of any Borrower now known or hereafter known by Agent or any Lender. 14.11.

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

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