Common use of Borrower’s and Guarantor’s Representations and Warranties Clause in Contracts

Borrower’s and Guarantor’s Representations and Warranties. Borrower and Guarantor hereby represent and warrant to Lender and covenant and agree with Lender as follows: a. Borrower and Guarantor have full legal right, power and authority to enter into and perform this Modification. The execution and delivery of this Modification by Borrower and Guarantor, and the consummation by Borrower and Guarantor of the transactions contemplated hereby have been duly authorized by all necessary action by or on behalf of Borrower and Guarantor. This Modification is a valid and binding obligation of Borrower and Guarantor, enforceable against Borrower and Guarantor in accordance with its terms. b. Neither the execution and delivery of this Modification by Borrower and Guarantor, nor the consummation by Borrower and Guarantor of the transactions contemplated hereby, conflicts with or constitutes a violation or a default under any law applicable to Borrower and Guarantor, or any contract, commitment, agreement, arrangement or restriction of any kind to which Borrower or Guarantor is a party, by which Borrower or Guarantor is bound or to which any of Borrower’s or Guarantor’s property or assets is subject. c. There are no actions, suits or proceedings pending, or to the knowledge of Borrower or Guarantor, threatened against or affecting Borrower or Guarantor, in relation to its obligations to Lender or involving the validity and enforceability of this Modification, or any of the other Loan Documents or Additional Loan Documents (as hereinafter defined), as applicable, at law or in equity, or before or by any governmental agency, or which could have a material adverse effect on the financial condition, operations, properties, assets, liabilities or earnings of Borrower or Guarantor, or the ability of Borrower or Guarantor to perform its obligations to Lender. d. Borrower and Guarantor hereby reaffirm and confirm that the representations and warranties of Borrower and Guarantor contained in the Loan Documents are true, correct and complete in all material respects as of the date of this Modification. e. Borrower and Guarantor are in full and complete compliance with the terms, covenants, provisions and conditions of the Loan Agreement and the other Loan Documents to which they are a party. f. All covenants, representations and warranties of herein are incorporated by reference and hereby made a part of the Loan Documents, as applicable.

Borrower’s and Guarantor’s Representations and Warranties. Borrower and Guarantor hereby represent and warrant to Lender and covenant and agree with Lender as follows: a. 6.1 Borrower and Guarantor have full legal right, power and authority to enter into and perform this ModificationAmendment. The execution and delivery of this Modification Amendment by Borrower and Guarantor, and the consummation by Borrower and Guarantor of the transactions contemplated hereby have been duly authorized by all necessary action by or on behalf of Borrower and Guarantor. This Modification Amendment is a valid and binding obligation of Borrower and Guarantor, enforceable against Borrower and Guarantor in accordance with its terms. b. 6.2 Neither the execution and delivery of this Modification Amendment by Borrower and Guarantor, nor the consummation by Borrower and Guarantor of the transactions contemplated hereby, conflicts with or constitutes a violation or a default under any law applicable to Borrower and Guarantor, or any contract, commitment, agreement, arrangement or restriction of any kind to which Borrower or Guarantor is a party, by which Borrower or Guarantor is bound or to which any of Borrower’s or Guarantor’s property or assets is subject. c. 6.3 There are no actions, suits or proceedings pending, or to the knowledge of Borrower or Guarantor, threatened against or affecting Borrower or Guarantor, in relation to its obligations to Lender or involving the validity and enforceability of this ModificationAmendment, or any of the other Loan Documents or Additional Loan Documents (as hereinafter defined)Documents, as applicable, at law or in equity, or before or by any governmental agency, or which could have a material adverse effect on the financial condition, operations, properties, assets, liabilities or earnings of Borrower or Guarantor, or the ability of Borrower or Guarantor to perform its obligations to Lender. d. 6.4 Borrower and Guarantor hereby reaffirm and confirm that the representations and warranties of Borrower and Guarantor contained in the Loan Documents are true, correct and complete in all material respects as of the date Reference Date of this ModificationAmendment. e. 6.5 Borrower and Guarantor are in full and complete compliance with the terms, covenants, provisions and conditions of the Loan Agreement and the other Loan Documents to which they are a party. f. 6.6 All covenants, representations and warranties of herein are incorporated by reference and hereby made a part of the Loan Documents, as applicable.

Borrower’s and Guarantor’s Representations and Warranties. Borrower and Guarantor Guarantor, and each of them, hereby represent and warrant to Lender and covenant and agree with Lender Xxxxxx as follows: a. Borrower Xxxxxxxx and Guarantor Guarantor, and each of them, have full legal right, power and authority to enter into and perform this ModificationAgreement. The execution and delivery of this Modification Agreement by Borrower and Guarantor, Guarantor and the consummation by Borrower and Guarantor of the transactions contemplated hereby have been duly authorized by all necessary action by or on behalf of Borrower Xxxxxxxx and Guarantor. This Modification Agreement is a valid and binding obligation of Borrower and Guarantor, and each of them, enforceable against Borrower and Guarantor in accordance with its terms. b. Neither the execution and delivery of this Modification Agreement by Borrower Xxxxxxxx and Guarantor, or either of them, nor the consummation by Borrower and Guarantor Guarantor, or either of them, of the transactions contemplated hereby, conflicts with or constitutes a violation or a default under any law applicable to Borrower and Guarantor, or either of them, or any contract, commitment, agreement, arrangement or restriction of any kind to which Borrower and Guarantor, or Guarantor either of them, is a party, by which Borrower Xxxxxxxx and Guarantor, or Guarantor either of them, is bound or to which any of Borrower’s and Guarantor’s, or Guarantor’s either of their, property or assets is subject. c. There are no actions, suits or proceedings pending, or to the knowledge of Borrower and Guarantor, or Guarantoreither of them, threatened against or affecting Borrower and Guarantor, or Guarantoreither of them, respectively, in relation to its their obligations to Lender or involving the validity and enforceability of this ModificationAgreement, the Loan Agreement, the Note, the Guaranty or any of the other Loan Documents or Additional Loan Documents (as hereinafter defined)Documents, as applicable, or the priority of any liens given by Borrower to Lender in accordance with the Loan Agreement, and the other Loan Documents, at law or in equity, or before or by any governmental agency, or which could have a material an adverse effect on the financial condition, operations, properties, assets, liabilities or earnings of Borrower and Guarantor, or Guarantoreither of them, or the ability of Borrower and Guarantor, or Guarantor either of them, to perform its their respective obligations to Lender. d. Borrower and Guarantor Guarantor, and each of them, hereby reaffirm and confirm that the representations and warranties of Borrower and Guarantor Guarantor, as applicable, contained in the Loan Documents are true, correct and complete in all material respects as of the date of this ModificationAgreement. e. Borrower and Guarantor Guarantor, and each of them, are in full and complete compliance with the terms, covenants, provisions and conditions of the Loan Agreement Agreement, the Note, the Guaranty and the other Loan Documents to which they are a party. f. . All covenants, representations and warranties of Borrower and Guarantor herein are incorporated by reference and hereby made a part of the Loan DocumentsAgreement and the Guaranty, as applicable.

Borrower’s and Guarantor’s Representations and Warranties. Borrower and Guarantor Guarantor, and each of them, hereby represent and warrant to Lender and covenant and agree with Lender Xxxxxx as follows: a. Borrower Xxxxxxxx and Guarantor Guarantor, and each of them, have full legal right, power and authority to enter into and perform this ModificationAgreement. The execution and delivery of this Modification Agreement by Borrower Xxxxxxxx and Guarantor, Guarantor and the consummation by Borrower and Guarantor of the transactions contemplated hereby have been duly authorized by all necessary action by or on behalf of Borrower Xxxxxxxx and Guarantor. This Modification Agreement is a valid and binding obligation of Borrower and Guarantor, and each of them, enforceable against Borrower and Guarantor in accordance with its terms. b. Neither the execution and delivery of this Modification Agreement by Borrower Xxxxxxxx and Guarantor, or either of them, nor the consummation by Borrower and Guarantor Guarantor, or either of them, of the transactions contemplated hereby, conflicts with or constitutes a violation or a default under any law applicable to Borrower and Guarantor, or either of them, or any contract, commitment, agreement, arrangement or restriction of any kind to which Borrower and Guarantor, or Guarantor either of them, is a party, by which Borrower Xxxxxxxx and Guarantor, or Guarantor either of them, is bound or to which any of Borrower’s and Guarantor’s, or Guarantor’s either of their, property or assets is subject. c. There are no actions, suits or proceedings pending, or to the knowledge of Borrower and Guarantor, or Guarantoreither of them, threatened against or affecting Borrower and Guarantor, or Guarantoreither of them, respectively, in relation to its their obligations to Lender or involving the validity and enforceability of this ModificationAgreement, the Loan Agreement, the Note, the Guaranty or any of the other Loan Documents or Additional Loan Documents (as hereinafter defined)Documents, as applicable, or the priority of any liens given by Borrower to Lender in accordance with the Loan Agreement, and the other Loan Documents, at law or in equity, or before or by any governmental agency, or which could have a material an adverse effect on the financial condition, operations, properties, assets, liabilities or earnings of Borrower and Guarantor, or Guarantoreither of them, or the ability of Borrower and Guarantor, or Guarantor either of them, to perform its their respective obligations to Lender. d. Borrower and Guarantor Guarantor, and each of them, hereby reaffirm and confirm that the representations and warranties of Borrower and Guarantor Guarantor, as applicable, contained in the Loan Documents are true, correct and complete in all material respects as of the date of this ModificationAgreement. e. Borrower and Guarantor Guarantor, and each of them, are in full and complete compliance with the terms, covenants, provisions and conditions of the Loan Agreement Agreement, the Note, the Guaranty and the other Loan Documents to which they are a party. f. . All covenants, representations and warranties of Borrower and Guarantor herein are incorporated by reference and hereby made a part of the Loan DocumentsAgreement and the Guaranty, as applicable.