CREDITOR'S REPRESENTATIONS AND WARRANTIES. Creditor represents and warrants to Lender that: (a) no representations or agreements of any kind have been made to Creditor which would limit or qualify in any way the terms of this Agreement; (b) this Agreement is executed at Borrower's request and not at the request of Lender; (c) Lender has made no representation to Creditor as to the creditworthiness of Borrower; and (d) Creditor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Creditor agrees to keep adequately informed from such means of any facts, events, or circumstances which might in any way affect Creditor's risks under this Agreement, and Creditor further agrees that Lender shall have no obligation to disclose to Creditor information or material acquired by Lender in the course of its relationship with Borrower.
CREDITOR'S REPRESENTATIONS AND WARRANTIES. Creditor hereby represents and warrants to the Company as follows;
CREDITOR'S REPRESENTATIONS AND WARRANTIES. The Creditor hereby acknowledges, represents and warrants to, and agrees with the Company as follows:
CREDITOR'S REPRESENTATIONS AND WARRANTIES. That Creditor represents and warrants as follows:
CREDITOR'S REPRESENTATIONS AND WARRANTIES. The Creditor hereby acknowledges, represents and warrants to, and agrees with the Company as follows: (a) The Creditor is acquiring the Shares for its own account as principal, for investment purposes only, and not with a view to, or for, resale, distribution or fractionalization thereof, in whole or in part, and no person other than those set forth on Schedule A has a direct or indirect beneficial interest in such Shares. (b) The Creditor acknowledges its understanding that the offering and sale of the Shares is intended to be exempt from registration under the Act by virtue of Section 4(2) of the Securities Act of 1933, as amended (the “Act”) and the provisions of Regulation D thereunder. (c) The Creditor has the financial ability to bear the economic risk of its investment, has adequate means for providing for his current needs and personal contingencies and has no need for liquidity with respect to his investment in the Company. 1 (d) The Creditor is an “accredited investor” as that term is defined in Rule 501(a) of Regulation D under the Act (17 C.F.R. 230.501(a)). (e) The Creditor has made an independent investigation of the Company’s business, been provided an opportunity to obtain additional information concerning the Company it deems necessary to make an investment decision and all other information to the extent the Company possesses such information or can acquire it without unreasonable effort or expense. (f) The execution and performance of this Agreement has been duly authorized by all requisite corporate action by Creditor and the person signing this Agreement on behalf of Creditor has been duly authorized by such entity to do so. (g) The foregoing representations, warranties and agreements shall survive the delivery of the Shares under the Agreement. 3.
CREDITOR'S REPRESENTATIONS AND WARRANTIES. Creditor represents and warrants to Lender that: (A) no representations or agreements of any kind have been made to Creditor which would limit or qualify in any way the terms of this Agreement; (B) this Agreement is executed at Borrower's SUBORDINATION AGREEMENT (CONTINUED) PAGE 2 ================================================================================
CREDITOR'S REPRESENTATIONS AND WARRANTIES. In addition to the representations and warranties set forth in each Creditor's Investor Qualification Statement, each Creditor hereby acknowledges, represents and warrants to, and agrees with, the Company (severally and not jointly) as follows:
CREDITOR'S REPRESENTATIONS AND WARRANTIES. Creditor represents and warrants to Lender that; (A) no representations or agreements of
