After giving effect to the amendments contained in Article 1 of this Amendment, the representations and warranties contained in Article IV of the Credit Agreement are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof.
After giving effect to the amendments herein contained, the representations and warranties contained in the Credit Agreement and the representations and warranties contained in the other Loan Documents are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof, and no Default or Unmatured Default exists or has occurred and is continuing on the date hereof.
After giving effect to the transactions contemplated by this Agreement, the Borrower (a) will have capital and assets sufficient to carry on its business and all businesses in which it is engaged or about to be engaged, (b) will be solvent and able to pay its debts and other liabilities, whether fixed or contingent, as they mature, and (c) will own property the present fair saleable value of which on a going concern basis (assuming an orderly liquidation) is greater than the amount required to pay its debts and other liabilities, whether fixed or contingent The Borrower does not intend to incur, and does not believe that it is incurring obligations beyond its ability to pay as they mature.
After giving effect to the amendments and waiver herein contained, the representations and warranties contained in the Five-Year Credit Agreement and the representations and warranties contained in the other Loan Documents are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date, and no Default or Unmatured Default exists or has occurred and is continuing on the date hereof.
After giving effect to the provisions of this Amendment No. 1 and each other agreement or instrument to be executed and delivered by Borrowers or Guarantors hereunder, no Default or Event of Default exists or has occurred and is continuing.
After giving effect to the amendments herein contained, the representations and warranties contained in the Credit Agreement (including without limitation Section 5.10 and all other representations in Article V of the Credit Agreement) and in the other Loan Documents are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof.
After giving effect to the amendments to and restatement of the Mortgage as set forth in this First Amendment, the representations and warranties of the Mortgagor set forth in the Mortgage are true and correct as of the date hereof as if made on the date hereof.
After giving effect to the amendments herein contained, the representations and warranties contained in paragraph 8 of the Note Agreement are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof.
After giving effect to transactions contemplated hereby and subject to the liquidity requirements set forth in the Projections, each Guarantor is Solvent. No transfer of property is being made by such Guarantor and no obligation is being incurred by such Guarantor in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Guarantor.
After giving effect to the transfer in Paragraph 1, you represent and warrant that you will not own any equity security in Service Transport Company.
