Common use of Continuation of Representations and Warranties Clause in Contracts

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; and

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date Date, with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date (except to the extent such representations and warranties expressly relate to an earlier time or Issuance Date; anddate, in which case they shall have been true and correct in all material respects as of such earlier time or date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date and other than Section 6.22, which shall be true and correct in all material respects on the Restatement Effective Date); and

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE VI shall be true and correct on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI and Section 4.5(b) shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Date, Conversion/ Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Dateexcept to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Conversion/ Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date [or Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and ---------------------------------------------- warranties in Article VI shall be true and correct in all material respects ---------- on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or 52 59 Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Date, Conversion / Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date Date, or Conversion/Conversion / Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE VI (excluding SUBSECTION 6.11(b) shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date).

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date) and, in the case of the initial Acquisition Loans, such representations shall be true and correct after giving effect to the Contico Acquisition; andand (c)

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation -82- 90 Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date).

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Date, Conversion/Continuation Date, Issuance Date or Issuance Date date of extension, as the case may be, with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Datedate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Conversion/ Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Conversion/ Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and(c)

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; and, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 5.03(b), the representations and warranties contained in Section 6.11(a) shall be deemed to refer to the most recent statements furnished pursuant to such Section.

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article VI shall be true and correct in all ---------- material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE VI shall be true and correct in all material respects on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date)

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier or Conversion/Continuation Date other date, in which case they shall be true and correct as of such earlier or Issuance Date; andother date);

Continuation of Representations and Warranties. The representations and warranties in Article VI (excluding ---------- Section 6.5, subsections 6.7(a) and 6.7(c) and ----------- ------------------ ------ Section 6.11) shall be true and correct on and as of such ---- Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Issuance Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier 56 64 date, in which case they shall be true and correct as of such earlier date).

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE VI shall be true and correct on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance DateDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; and(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article VI hereof and in each other Loan ---------- Document shall be true and correct on and as of such Borrowing Date or Date, Conversion/Continuation Date, Issuance Date or Issuance Date date of extension, as the case may be, with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Datedate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Continuation of Representations and Warranties. The representations and ---------------------------------------------- warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; and

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct in all material respects on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Date, Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date; andDate (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date);

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE VI shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date disbursement date or Conversion/Continuation Date or Issuance Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date). Notwithstanding the foregoing, the representations and warranties in SECTIONS 6.5 and 6.11(b) shall not apply in the case of a Notice of Conversion/Continuation; and