Common use of Acquisition Agreement, etc Clause in Contracts

Acquisition Agreement, etc. Each Acquisition Agreement is a valid and binding contract as to the Borrower party thereto and, to the best of such Borrower's knowledge, as to the Sellers party thereto. Such Borrower is not in default in any material respect of its obligations under any Acquisition Agreement and, to the best of such Borrower's knowledge, the Sellers party thereto are not in default in any material respect of any of their obligations thereunder. The representations and warranties of such Borrower set forth in each Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of such Borrower's knowledge all of the representations and warranties of the Sellers set forth in each Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.

Acquisition Agreement, etc. Each Acquisition Agreement is a valid and binding contract as to the Borrower and each Subsidiary party thereto and, to the best of such the Borrower's knowledge, as to the Sellers party thereto. Such The Borrower is and its Subsidiaries are not in default in any material respect of its obligations under any Acquisition Agreement and, to the best of such the Borrower's knowledge, the Sellers party thereto are not in default in any material respect of any of their obligations thereunder. The representations and warranties of such the Borrower set forth in each Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of such the Borrower's knowledge all of the representations and warranties of the Sellers set forth in each Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.

Acquisition Agreement, etc. Each The Acquisition Agreement is a valid and binding contract as to the Borrower party thereto and, to the best of such the Borrower's knowledge, as to Heartland and the Sellers party theretoHeartland Sellers. Such The Borrower is not in default in any material respect of its obligations under any the Acquisition Agreement and, to the best of such the Borrower's knowledge, Heartland and the Heartland Sellers party thereto are not in default in any material respect of any of their obligations thereunder. The representations and warranties of such the Borrower set forth in each the Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of such the Borrower's knowledge all of the representations and warranties of Heartland and the Heartland Sellers set forth in each the Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.

Acquisition Agreement, etc. Each Acquisition Agreement is a valid and -------------------------- binding contract as to the Borrower and each Subsidiary party thereto and, to the best of such the Borrower's knowledge, as to the Sellers party thereto. Such The Borrower is and its Subsidiaries are not in default in any material respect of its obligations under any Acquisition Agreement and, to the best of such the Borrower's knowledge, the Sellers party thereto are not in default in any material respect of any of their obligations thereunder. The representations and warranties of such the Borrower set forth in each Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of such the Borrower's knowledge all of the representations and warranties of the Sellers set forth in each Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.

Acquisition Agreement, etc. Each Acquisition Agreement is a valid and binding contract as to the Borrower and each Subsidiary party thereto and, to the best of such the Borrower's knowledge, as to the Sellers party thereto. Such The Borrower is not in default in any material respect of its obligations under any Acquisition Agreement and, to the best of such the Borrower's knowledge, the Sellers party thereto are not in default in any material respect of any of their obligations thereunder. The representations and warranties of such the Borrower set forth in each Acquisition Agreement are true and correct in all material respect as of the date hereof with the same force and effect as though made on and as of the date hereof. To the best of such the Borrower's knowledge all of the representations and warranties of the Sellers set forth in each Acquisition Agreement are true and correct in all material respects as of the date hereof with the same force and effect as though made on and as of the date hereof.