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This excerpt taken from the AYR 8-K filed Dec 18, 2006. Reliance. Each Guarantor represents and warrants to the Agent, for the benefit of the Guaranteed Parties, that: (a) the Guarantors have adequate means to obtain from each Borrower, on a continuing basis, information concerning such Borrower and such Borrower’s financial condition and affairs and has full and complete access to each Borrower’s books and records; (b) no Guarantor is relying on any Guaranteed Party, its or their employees, agents or other representatives, to provide such information, now or in the future; (c) each Guarantor is executing this Guaranty Agreement freely and deliberately, and understands the obligations and financial risk undertaken by providing this Guaranty; (d) each
Guarantor has relied solely on such Guarantor’s own independent investigation, appraisal and analysis of each Borrower and each Borrower’s financial condition and affairs in deciding to provide this Guaranty and is fully aware of the same; and (e) no Guarantor has depended or relied on any Guaranteed Party, its or their employees, agents or representatives, for any information whatsoever concerning any Borrower or any Borrower’s financial condition and affairs or other matters material to such Guarantor’s decision to provide this Guaranty or for any counseling, guidance, or special consideration or any promise therefor with respect to such decision. Each Guarantor agrees that neither the Agent nor any Lender has any duty or responsibility whatsoever, now or in the future, to provide to the Guarantors any information concerning any Borrower or any Borrower’s financial condition and affairs, other than as expressly provided herein, and that, if any Guarantor
receives any such information from the Agent or any Lender, its or their employees, agents or other representatives, such Guarantor will independently verify the information and will not rely on the Agent or any Lender, its or their employees, agents or other representatives, with respect to such information.
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