Borrowers Covenants Representations and Warranties Sample Clauses

Borrowers Covenants Representations and Warranties. In order to induce Bank to enter into this Amendment and to amend the Credit Agreement in the manner provided herein, Borrower acknowledges and reaffirms as true, correct, and complete in all material respects on and as of the date of this Amendment all covenants, representations, and warranties made by Borrower in the Credit Agreement and the other Loan Documents to the same extent as though made on and as of the date of execution of this Amendment. Borrower represents and warrants that the execution, delivery, and performance by the Borrower of this Amendment has been duly authorized by all necessary corporate action. Borrower further represents and warrants that there are no Events of Default or facts which constitute, or with the passage of time and without change will constitute, an Event of Default under the Loan Documents. Borrower further represents that there has been no material adverse change in Borrower’s business or financial condition from that reflected in the most recent of Borrower’s financial statements that have been delivered to Bank. Borrower further represents and warrants that Borrower has no claims or causes of action of any kind whatsoever against Bank or any of Bank’s present or former employees, officers, directors, attorneys, or agents of any kind in their capacity as such (collectively, the “Released Parties”) and further, that the Released Parties have performed all of the respective obligations under the Credit Agreement and other Loan Documents and have complied with all provisions therein set forth. Borrower acknowledges that as of March 5, 2009, there is no outstanding principal balance of the Revolving Loans, and the aggregate stated amount of all Letters of Credit outstanding and available for drawing is $4,027,105.
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Borrowers Covenants Representations and Warranties. In consideration of City’s commitment to Borrower set forth herein, Borrower agrees, represents, warrants and covenants with the City as follows: Borrower will develop a restaurant in the Downtown Specific Plan area (the “Project”). Borrower will develop the Project in conformance with all applicable laws and ordinances of the City, the County of Riverside, the State of California and the United States of America. Borrower has, or will, secure all required permits and approvals necessary to develop and operate the Project in the Downtown Specific Plan area. Borrower will operate the Project in the Downtown Specific Plan area for the term of this Agreement or at least two years whichever is less. Borrower has obtained the necessary financing to develop the Project in the Downtown Specific Plan area. There is no pending or threatened litigation against Borrower which would jeopardize development of the Project. The Project will generate sufficient revenue to allow Borrower to make timely payments on the obligation set forth herein (the “Loan”). Borrower is a [LLC, Corporation, General Partnership] validly existing and in good standing under the laws of the State of California and has all requisite authority to conduct its business and own and lease its properties. Borrower is in compliance in all material respects with all laws applicable to its business and has obtained all approvals, licenses, exemptions and other authorizations from and has accomplished all filings, registrations and qualifications with any governmental agency that are necessary for the transaction of its business and the operation of the Project as a restaurant. Borrower has all requisite authority to execute and perform the obligations set forth herein and in the Note. All financial information provided to City with respect to Borrower with its application for the Loan, is complete and correct in all material respects and accurately presents the financial condition of Borrower. There has been no material change in the information presented to City on Borrower’s application or in any financial documents submitted by Borrower since the date of original submission. Borrower has filed all required federal, state and local tax returns and has paid all taxes due (including penalties and interest) other than taxes being promptly and actively contested in good faith. Borrower has the right to possess the real property upon which the Project is located and has provided the City evidence in the f...
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Borrowers Covenants Representations and Warranties. Borrower represents, warrants, and covenants the following as of this date and during the term of this Agreement:
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Borrowers Covenants Representations and Warranties 
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Related to Borrowers Covenants Representations and Warranties

  • Covenants, Representations and Warranties The General Partner covenants, represents and warrants that the following are presently true, will be true at the time of each Capital Contribution payment made by the Limited Partner and will be true during the term of this Agreement, to the extent then applicable.

  • Tenant’s Representations and Warranties The undersigned represents and warrants to Landlord that (i) Tenant is duly organized, validly existing and in good standing in accordance with the laws of the state under which it was organized; (ii) all action necessary to authorize the execution of this Amendment has been taken by Tenant; and (iii) the individual executing and delivering this Amendment on behalf of Tenant has been authorized to do so, and such execution and delivery shall bind Tenant. Tenant, at Landlord's request, shall provide Landlord with evidence of such authority.

  • Survival of Covenants, Representations and Warranties All covenants, agreements, representations and warranties made herein or in any documents or other papers delivered by or on behalf of the Borrowers, or any of them, pursuant hereto shall be deemed to have been relied upon by the Lenders, regardless of any investigation made by or on behalf of the Lenders and shall survive the execution and delivery of this Master Agreement and the making by the Lenders of the Loans as herein contemplated and shall continue in full force and effect so long as any Loan, Obligation or any other amount due under this Agreement remains outstanding and unpaid or unsatisfied.

  • BORROWER'S REPRESENTATIONS AND WARRANTIES Borrower represents and warrants that:

  • Continuing representations and warranties The Borrower represents and warrants to the Bank that:

  • LESSEE'S REPRESENTATIONS AND WARRANTIES Lessee represents and warrants that:

  • No Default; Representations and Warranties At the time of each such Credit Event and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein and in the other Credit Documents shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on the date of such Credit Event (it being understood and agreed that any representation or warranty which by its terms is made as of a specified date shall be required to be true and correct in all material respects only as of such specified date).

  • Lessor’s Representations and Warranties Lessor represents and warrants that it will abide by and conform to all such laws, governmental and airport orders, rules and regulations, as shall from time to time be in effect relating in any way to the operation and use of the Aircraft pursuant to this Agreement.

  • Ongoing Representations and Warranties If, at any time during the term of this Agreement, it discovers any fact or omission, or any event or change of circumstances has occurred, which would make any of its representations and warranties herein inaccurate or incomplete in any material respect, it will provide prompt written notification to the Sub-Adviser of such fact, omission, event, or change of circumstance, and the facts related thereto. The Adviser agrees that it will provide prompt notice to the Sub-Adviser in the event that: (i) the Adviser makes an assignment for the benefit of creditors, files a voluntary petition in bankruptcy, or is otherwise adjudged bankrupt or insolvent by a court of competent jurisdiction; or (ii) a material event occurs that could reasonably be expected to adversely impact the Adviser’s ability to perform this Agreement.

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