Representations and Warranties of the Consenting Creditors Sample Clauses

Representations and Warranties of the Consenting Creditors. To induce the Debtors to enter into and perform their obligations under this Agreement, each Consenting Creditor, severally but not jointly, represents, warrants and acknowledges as follows:
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Representations and Warranties of the Consenting Creditors. Each Consenting Creditor severally (and not jointly) represents and warrants to the other Parties that, as of the Support Effective Date (or such later date on which a Consenting Creditor becomes a Party to this Agreement by executing and delivering a Joinder Agreement), such Consenting Creditor (i) is the owner of the aggregate principal amount of Senior Notes and the number of shares of Existing Equity Interests set forth below its name on the signature page hereto (or below its name on the signature page of a Joinder Agreement for any Consenting Creditor that becomes a party hereto after the date hereof), free and clear of any restrictions on transfer, liens or options, warrants, purchase rights, contracts, commitments, claims, demands, and other encumbrances and does not own any other Senior Notes or Existing Equity Interests or (ii) has, with respect to the beneficial owners of such Senior Notes and Existing Equity Interests, (A) sole investment or voting discretion with respect thereto, (B) full power and authority to vote on and consent to matters concerning such Senior Notes and Existing Equity Interests or to exchange, assign, and transfer such Senior Notes and Existing Equity Interests and (C) full power and authority to bind or act on the behalf of, such beneficial owners.
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Representations and Warranties of the Consenting Creditors. Each Consenting Creditor represents and warrants for itself that the following statements are true, correct and complete as of the date hereof and as of the Consenting Creditors Consummation Date:
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Representations and Warranties of the Consenting Creditors. Each Consenting Creditor, severally, and not jointly, represents and warrants that, during the Agreement Effective Period (except in the case of any investment advisor or manager of or with power and/or authority to bind any Owned Debtor Claims/Interests, then solely for the period within which such power and/or authority was held), except as otherwise provided below:
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Representations and Warranties of the Consenting Creditors. Each of the Consenting Creditors, severally and not jointly, hereby represents and warrants that:
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Representations and Warranties of the Consenting Creditors. Each of the Consenting Creditors individually represents that, as of the date such Consenting Creditor executes and delivers this Agreement, it is the beneficial owner and/or the investment adviser or manager of discretionary accounts for the holders or beneficial owners of the aggregate principal amount of Existing Public Notes set forth on its signature page or as otherwise notified in writing to the Company on the date hereof (the “Relevant Notes”), with the power to vote and dispose of all or substantially all of the aggregate principal amount of the Relevant Notes on behalf of such holders or beneficial owners and is entitled (for its own account or for the account of other persons claiming through it) to all of the rights and economic benefits of such holdings. The Consenting Creditors that are Parties hereto on June 9, 2010, hold Relevant Notes constituting approximately 43% of aggregate outstanding principal amount of the Existing Public Notes.
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Representations and Warranties of the Consenting Creditors 
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Related to Representations and Warranties of the Consenting Creditors

  • Representations and Warranties of the Parties Each party hereto represents and warrants to the other as follows:

  • REPRESENTATIONS AND WARRANTIES OF THE CONTRIBUTORS Each of the Contributors, severally and not jointly, solely as to itself and not as to any other Contributor, hereby represents and warrants to the Purchaser and ATA as follows:

  • REPRESENTATIONS AND WARRANTIES OF THE COMPANIES (a) Each of the Companies represents and warrants that it is a life insurance company duly organized or existing and in good standing under applicable law and that each of its Accounts, prior to any issuance or sale of any Contracts by such Account and during the term of this Agreement, will be legally and validly established as a separate account pursuant to relevant state insurance law and either: (i) will be registered as a unit investment trust in accordance with the provisions of the 1940 Act; or (ii) will be exempt from such registration.

  • REPRESENTATIONS AND WARRANTIES OF THE COMPANY PARTIES Except (a) as set forth in the disclosure letter prepared by the Company and delivered to the Parent Parties at or prior to the execution and delivery of this Agreement (the “Company Disclosure Letter”) (it being acknowledged and agreed that disclosure of any item in any section or subsection of the Company Disclosure Letter shall be deemed disclosed with respect to the section or subsection of this Agreement to which it corresponds and any other section or subsection of this Agreement to the extent the applicability of such disclosure to such other section or subsection of this Agreement is reasonably apparent on its face (it being understood that to be so reasonably apparent on its face, it is not required that the other section or subsection of this Agreement be cross-referenced); provided, that nothing in the Company Disclosure Letter is intended to broaden the scope of any representation or warranty of the Company Parties made herein), or (b) as disclosed in the Company SEC Documents publicly filed with, or furnished to the SEC since January 1, 2019 and prior to the date of this Agreement and available on the SEC’s Electronic Data Gathering and Retrieval System (excluding any information or documents incorporated by reference therein, or filed as exhibits thereto, and excluding any disclosures contained in such documents under the headings “Risk Factors” or “Forward Looking Statements” or any other disclosures contained or referenced therein to the extent they are cautionary, predictive or forward-looking in nature), and then only to the extent that the relevance of any disclosed event, item or occurrence in such Company SEC Documents to a matter covered by a representation or warranty set forth in this Article IV is reasonably apparent on its face, the Company Parties hereby jointly and severally represent and warrant to the Parent Parties that:

  • REPRESENTATIONS AND WARRANTIES OF THE CONTRIBUTOR The Contributor represents and warrants to the Operating Partnership as set forth below in this ARTICLE 2. Notwithstanding any other provision of the Contribution Agreement or this EXHIBIT E, the Contributor makes representations, warranties and indemnities only with respect to: (i) the Properties identified on EXHIBIT A to the Contribution Agreement (the "Property" or the "Properties"), and (ii) the interests in the Partnerships to be transferred by the Contributor.

  • Representations and Warranties of the Holders Each Holder represents and warrants, severally and not jointly, to the Company as follows:

  • Representations and Warranties of the Lenders In connection with the transactions provided for herein, each Lender hereby represents and warrants to the Company that:

  • REPRESENTATIONS AND WARRANTIES OF THE CREDIT PARTIES To induce the Administrative Agent and Lenders to enter into this Agreement and to induce the Lenders to make Extensions of Credit, the Credit Parties hereby represent and warrant to the Administrative Agent and the Lenders both before and after giving effect to the transactions contemplated hereunder, which representations and warranties shall be deemed made on the Closing Date and as otherwise set forth in Section 6.2, that:

  • Representations and Warranties of the Company The Company represents and warrants to each Underwriter that:

  • Representations and Warranties of the Bank The Bank represents and warrants to the Fund that:

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