Common use of Disclosure; Solvency Clause in Contracts

Disclosure; Solvency. Neither this Credit Agreement nor any other document furnished to the Bank by or on behalf of the Company in connection with the credit facilities contemplated herein, contains any statement of any material fact which is untrue or misstates a material fact necessary in order to make the statements contained herein or therein not misleading. There is no fact known to the Company which materially adversely affects or in the future will (so far as the Company can now foresee) materially adversely affect the business, operations, affairs or condition of the Company or any of its properties which has not been set forth in this Credit Agreement or in the other documents furnished to the Bank by or on behalf of the Company in connection with the credit facilities contemplated herein. The Company is currently solvent; and neither the issuance and delivery of the Warehouse Note, nor the performance of the transactions contemplated hereunder or thereunder, will render the Company insolvent, inadequately capitalized to undertake the transactions contemplated hereunder or to undertake the businesses in which it is presently engaged or about to engage or render the Company unable to pay its debts as they become due; the Company is not contemplating either the filing of a petition by it or the commencement of a case by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its property; and the Company has no knowledge of any Person contemplating the filing of any such petition or commencement of any such case against the Company.

Disclosure; Solvency. Neither this Credit Agreement nor any other document furnished to the Agent or any Bank by or on behalf of the Company in connection with the credit facilities contemplated herein, herein contains any statement of any material fact which is untrue or misstates a material fact necessary in order to make the statements contained herein or therein not misleading. There is no fact known to the Company which materially adversely affects or in the future will (so far as the Company can now foresee) materially adversely affect the business, operations, affairs or condition of the Company or any of its properties which has not been set forth in this Credit Agreement or in the other documents furnished to the Agent or any Bank by or on behalf of the Company in connection with the credit facilities contemplated herein. The Company is currently solvent; and neither the issuance and delivery of the Warehouse Notes, or the Swing Note, nor the performance of the transactions contemplated hereunder or thereunder, will render the Company insolvent, inadequately capitalized to undertake the transactions contemplated hereunder or to undertake the businesses in which it is presently engaged or about to engage or render the Company unable to pay its debts as they become due; the Company is not contemplating either the filing of a petition by it or the commencement of a case by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its property; and the Company has no knowledge of any Person contemplating the filing of any such petition or commencement of any such case against the Company.

Disclosure; Solvency. Neither this Credit Agreement nor any other document furnished to the Bank Agent or the Banks by or on behalf of the Company in connection with the credit facilities contemplated herein, herein contains any statement of any material fact which is untrue or misstates a material fact necessary in order to make the statements contained herein or therein not misleading. There is no fact known to the Company which materially adversely affects or in the future will (so far as the Company can now foresee) materially adversely affect the business, operations, affairs or condition of the Company or any of its properties which has not been set forth in this Credit Agreement or in the other documents furnished to the Bank Agent or to the Banks by or on behalf of the Company in connection with the credit facilities contemplated herein. The Company is currently solvent; and neither the issuance and delivery of the Warehouse Notes, or the Swing Note, nor the performance of the transactions contemplated hereunder or thereunder, will render the Company insolvent, inadequately capitalized to undertake the transactions contemplated hereunder or to undertake the businesses in which it is presently engaged or about to engage or render the Company unable to pay its debts as they become due; the Company is not contemplating either the filing of a petition by it or the commencement of a case by it under any state or federal bankruptcy or insolvency laws or the liquidation of all or a major portion of its property; and the Company has no knowledge of any Person contemplating the filing of any such petition or commencement of any such case against the Company.