Common use of Continuous Nature of Representations and Warranties Clause in Contracts

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Borrower’s or any of Borrower’s Subsidiary’s business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement or such changes do not have or evidence a Material Adverse Effect. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower, or any Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto, as any such representation, warranty or other statement may be modified or amended as provided in the previous sentence. To the extent Borrowers have not delivered new exhibits to be attached hereto, then the corresponding exhibit attached to the Original Loan Agreement shall be deemed attached to this Agreement and Borrowers shall be deemed to have represented and warranted to Agent and Lenders that the information contained in any such exhibit is true and correct in all material respects.

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower’s or any one of Borrower’s Subsidiary’s business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement or such changes do not have or evidence a Material Adverse EffectAgreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s Borrowers’ reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower, or any Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto. The foregoing notwithstanding, as any such representation, warranty or other statement may be modified or amended as provided in the previous sentence. To the extent Exhibits delivered by Borrowers have not delivered new exhibits to be attached hereto, then the corresponding exhibit attached with respect to the Original Loan Agreement shall be deemed attached to be the Exhibits to this Agreement and Agreement; provided that Borrowers shall be deemed covenant to have represented and warranted to provide Agent and Lenders that with updates to such Exhibits within [30] days of the information contained in Closing Date which updates shall not evidence any such exhibit is true and correct in all material respectsMaterial Adverse Effect.

Continuous Nature of Representations and Warranties. Each During a Trigger Period, each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower’s or one of any of Borrower’s Subsidiary’s business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or changes, such changes are expressly permitted by this Agreement or such changes do not have or evidence a Material Adverse Effect. Borrowers shall have the right to amend the Exhibits attached hereto from time to time so long as any such amendment does not have or evidence a Material Adverse Effect. Without limiting the generality of the foregoing, except as otherwise qualified by the preceding sentence, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s Borrowers’ reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower, or any Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto, as any such representation, warranty or other statement may be modified or amended as provided in the previous sentence. To the extent Borrowers have not delivered new exhibits to be attached hereto, then the corresponding exhibit attached to the Original Loan Agreement shall be deemed attached to this Agreement and Borrowers shall be deemed to have represented and warranted to Agent and Lenders that the information contained in any such exhibit is true and correct in all material respects.

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except with respect to any representation or warranty which by its terms is as of a 51 specified date and is therefore understood and agreed to be required to be true and correct only as of a specified date and except for changes in the nature of any Borrower’s or any of Borrower’s Subsidiary’s 's business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or changes, such changes are expressly permitted by this Agreement or such changes do that could not reasonably be expected to have or evidence a Material Adverse Effect. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent Agents or any Lender by or on behalf of Borrower, any Subsidiary of Borrower, or any Guarantor Borrowers in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto, as any such representation, warranty or other statement may be modified or amended as provided in the previous sentence. To the extent Borrowers have not delivered new exhibits to be attached hereto, then the corresponding exhibit attached to the Original Loan Agreement shall be deemed attached to this Agreement and Borrowers shall be deemed to have represented and warranted to Agent and Lenders that the information contained in any such exhibit is true and correct in all material respects.

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower’s 's or any one of Borrower’s 's Subsidiary’s 's business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement or such changes do not have or evidence a Material Adverse EffectAgreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower, or any Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto. The foregoing notwithstanding, as any such representation, warranty or other statement may be modified or amended as provided in the previous sentence. To the extent Exhibits delivered by Borrowers have not delivered new exhibits to be attached hereto, then the corresponding exhibit attached with respect to the Original Loan Agreement shall be deemed attached to be the Exhibits to this Agreement and Agreement; provided that Borrowers shall be deemed covenant to have represented and warranted to provide Agent and Lenders that the information contained in with updates to such Exhibits on or prior to May 15, 2012, which updates shall not evidence any such exhibit is true and correct in all material respectsMaterial Adverse Effect.