Credit Representations and Warranties. (a) Neither the Seller nor any of its principal equity owners is or has within the past two (2) years been the debtor in any bankruptcy proceeding, is unable to pay its bills in the ordinary course of its business, or is the subject of any legal or regulatory action, the result of which could reasonably be expected to impair Seller’s ability to own and operate the Facility in accordance with the terms of this Agreement.
Credit Representations and Warranties. If Seller is meeting the Credit Requirements under clause 2(b) of the definition thereof: