Each Supplement Clause Samples
Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty to CoBank that:
Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty to Agent that:
Each Supplement. The execution by the Company of each Supplement hereto (other than the Initial Supplement) shall constitute a representation and warranty that, except as otherwise provided in an officer’s certificate executed by the Company and delivered to CoBank in connection with such Supplement:
(A) Reaffirmation. Each of the representations and warranties set forth in Section 4.01 hereof are true and correct as of the date of such Supplement, except that: (1) the references to the financial statements in Section 4.01(F) hereof, and all references in Section 4.01(G) hereof to such statements, shall be deemed to be to the latest annual financial statements and, if more recent than the latest annual financial statements, to the latest quarterly financial statements furnished to CoBank under Section 5.06(A) and (B) hereof; (2) the references in Sections 4.01(D), (H) and (I) to the application or officer’s certificate furnished in connection with this Agreement and the Initial Supplement hereto shall be deemed to refer to any application and/or officer’s certificate furnished in connection with the Supplement being executed at the time.
Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty that, except as otherwise provided in the application furnished in connection with such Supplement:
(A) Reaffirmation. Each of the representations and warranties set forth in Section 4.01 hereof is true and correct as of the date of such Supplement, except that (1) the references to the financial statements in Section 4.01(F) hereof, and all references in Section 4.01(G) hereof to such statements, shall be deemed to be to the latest annual financial statements furnished to CoBank under Section 5.06(A) and, if more recent than the latest annual financial statements, shall also include each set of quarterly financial statements thereafter furnished to CoBank under Section 5.06(B) hereof, and (2) the date referred to in the penultimate sentence of
Section 4.01 (F) hereof shall be deemed to be the date of the latest annual financial statements furnished to CoBank under Section 5.06(A).
Each Supplement. The execution by CGI of each Supplement hereto shall constitute a representation and warranty to Lender that:
Each Supplement. The execution by the Company of each Promissory Note and Supplement hereto (other than the 2005 Promissory Note and Supplement) shall constitute a representation and warranty that each of the representations and warranties set forth in Section 4.01 hereof are true and correct as of the date of the Promissory Note and Supplement, except that: (A) the references to the financial statements in Section 4.01(F) hereof shall be deemed to be to the latest annual financial statements furnished to CoBank under Section 5.06(I) hereof; (B) the references to the financial statements in Section 4.01(G) hereof, and all references in Section 4.01(H) hereof to such statements, shall be deemed to be to the latest annual financial statements and, if more recent than the latest annual financial statements, to the latest quarterly financial statements furnished to CoBank under Section 5.07(A) and (B) hereof; (C) all references to the 2005 Promissory Note and Supplement shall be deemed to refer to the Promissory Note and Supplement being executed at the time; (D) the references in Sections 4.01(D), (J), (K), (P), (T), and (U) to the application and officer’s certificate furnished in connection with this Agreement and the 2005 Promissory Note and Supplement shall be deemed to refer to any application and officer’s certificate furnished in connection with the Promissory Note and Supplement being executed at the time; and (C) the reference in Section 4.01(Q) to budgets, projections and other documentation and information referred to therein, shall be deemed to refer to all budgets, projections and other documentation furnished in connection with Promissory Note and Supplement being executed at the time.
Each Supplement. The execution by the Company of each Supplement hereto shall constitute a representation and warranty to Dakota Fuels and Agent that:
