Common use of CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS Clause in Contracts

CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Each of the Seller, Airgas and the Servicer hereby represents, warrants and covenants to each of the other Parties that: (a) the representations and warranties of such Person contained in Exhibit III to the Receivables Purchase Agreement are true and correct as of the date hereof (unless stated to relate solely to an earlier date, in which case such representations and warranties were true and correct as of such earlier date); (b) the execution and delivery by such Person of this Amendment, and the performance of its obligations under this Amendment and the Receivables Purchase Agreement (as amended hereby) are within its corporate powers and have been duly authorized by all necessary corporate action on its part, and this Amendment and the Receivables Purchase Agreement (as amended hereby) are its valid and legally binding obligations, enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights generally; and (c) no Termination Event or Unmatured Termination Event has occurred, is continuing, or would occur as a result of this Amendment.

CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Each Seller hereby represents and warrants to the Purchaser, as of the Seller, Airgas and the Servicer hereby represents, warrants and covenants to each of the other Parties date hereof that: (a) the representations and warranties of such Person contained made by it in Exhibit III the Existing Agreement and in any other Purchase Document to the Receivables Purchase Agreement which it is a party are true and correct both as of the date hereof (unless stated and immediately after giving effect to relate solely to an earlier date, in which case such representations and warranties were true and correct as of such earlier date)this Amendment; (b) no Facility Suspension Event exists as of the date hereof and immediately after giving effect to this Amendment; and (c) the execution and delivery by such Person it of this Amendment, and the performance of its obligations under this Amendment and Amendment, the Receivables Purchase Existing Agreement (as amended hereby) and the other Purchase Documents to which it is a party are within its corporate organizational powers and have been duly authorized by all necessary corporate organizational action on its part, and this Amendment and Amendment, the Receivables Purchase Existing Agreement (as amended hereby) and the other Purchase Documents to which it is a party are its valid and legally binding obligations, enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights generally; and (c) no Termination Event or Unmatured Termination Event has occurred, is continuing, or would occur as a result of this Amendment.

CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Each of the Seller, Airgas UGI and the Servicer Servicer, as to itself, hereby represents, represents and warrants and covenants to each of the other Parties that: (a) the representations and warranties of such Person contained in Exhibit III to the Receivables Purchase Agreement (as amended hereby) are true and correct as of the date hereof (including after giving effect to the filing of the financing statement amendments attached as Exhibit A hereto) (unless stated to relate solely to an earlier date, in which case such representations and warranties were true and correct as of such earlier date); (b) the execution and delivery by such Person of this Amendment, and the performance of its obligations under this Amendment and the Receivables Purchase Agreement (as amended hereby) are within its corporate powers and have been duly authorized by all necessary corporate action on its part, and this Amendment and the Receivables Purchase Agreement (as amended hereby) are its valid and legally binding obligations, enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ rights generally; and (c) no Termination Event or Unmatured Termination Event has occurred, is continuing, or would occur as a result of this AmendmentAmendment or the filing of the financing statement amendments attached as Exhibit A hereto.

CERTAIN REPRESENTATIONS, WARRANTIES AND COVENANTS. Each of the Seller, Airgas and the Servicer hereby represents, warrants and covenants to each of the other Parties that: (a) the representations and warranties of such Person contained in Exhibit III to the Receivables Purchase Agreement are true and correct as of the date hereof (unless stated to relate solely to an earlier date, in which case such representations and warranties were true and correct as of such earlier date); (b) the execution and delivery by such Person of this Amendment, and the performance of its obligations under this Amendment and the Receivables Purchase Agreement (as amended hereby) are within its corporate powers and have been duly authorized by all necessary corporate action on its part, and this Amendment and the Receivables Purchase Agreement (as amended hereby) are its valid and legally binding obligations, enforceable in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors’ ' rights generally; and (c) no Termination Event or Unmatured Termination Event has occurred, is continuing, or would occur as a result of this Amendment.