Common use of Additional Representations and Warranties of the Borrower as of Each Extension Date and the Term-Out Date Clause in Contracts

Additional Representations and Warranties of the Borrower as of Each Extension Date and the Term-Out Date. The Borrower represents and warrants on each Extension Date and the Term-Out Date (and at no other time) that, as of each such date, the following statements shall be true: (a) there has been no material adverse change in the business, financial condition or results of operations of the Borrower and its Subsidiaries, taken as a whole, since the date of the audited financial statements of the Borrower and its Subsidiaries most recently delivered to the Lenders pursuant to Section 5.01(e)(ii) prior to the applicable Extension Date or the Term-Out Date, as the case may be (except as disclosed in periodic or other reports filed by the Borrower and its Subsidiaries pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, during the period from the date of the then most recently delivered audited financial statements of the Borrower and its Subsidiaries pursuant to Section 5.01(e)(ii) to the date of the notice of the Borrower’s request for an extension of the Scheduled Termination Date related to such Extension Date pursuant to Section 2.20 or exercise of the Term-Out Option pursuant to Section 2.22, as the case may be); and (b) the representations and warranties contained in Section 4.01 are correct in all material respects on and as of such date, as though made on and as of such date (except to the extent that such representations and warranties relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date).

Additional Representations and Warranties of the Borrower as of Each Extension Date and the Term-Out Date. The Borrower represents and warrants on each Extension Date and the Term-Out Date (and at no other time) that, as of each such date, the following statements shall be true: (a) there has been no material adverse change in the business, financial condition or results of operations of the Borrower and its Subsidiaries, taken as a whole, since the date of the audited financial statements of the Borrower and its Subsidiaries most recently delivered to the Lenders pursuant to Section 5.01(e)(ii) prior to the applicable Extension Date or the Term-Out Date, as the case may be (except as disclosed in periodic or other reports filed by the Borrower and its Subsidiaries pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, during the period from the date of the then most recently delivered audited financial statements of the Borrower and its Subsidiaries pursuant to Section 5.01(e)(ii) to the date of the notice of the Borrower’s request for an extension of the Scheduled Termination Date related to such Extension Date pursuant to Section 2.20 or exercise of the Term-Out Option pursuant to Section 2.22, as the case may be); and (b) the representations and warranties contained in Section 4.01 are correct in all material respects on and as of such date, as though made on and as of such date (except to the extent that such representations and warranties relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date).to