Common use of Further Representations Clause in Contracts

Further Representations. Grantors further represent, warrant, and covenant that (i) Grantors are not in default under any agreement under which Grantors owe any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the Grantors; (ii) the information, if any, provided by the Grantors to Secured Party pursuant to a request for such information from the Secured Party on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the Secured Party, if any, fairly present Grantors’ financial condition as at the respective dates thereof, and there has not been a material adverse change in the financial condition of the Grantors since the date of the most recent of the financial statements submitted to Secured Party; (iv) Grantors are in compliance with all laws and orders applicable to it where the failure to so comply could reasonably be expected to have a material adverse effect on the Grantors; (v) Grantors are not party to any litigation and are not, to their knowledge the subject of any government investigation, and the Grantors have no knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigation; (vi) Grantors’ principal place of business is located at the address specified in Section 9; and (vii) the representations and other statements made by the Grantors to Secured Party, do not, taken as a whole, contain any untrue statement of a material fact or omit to state a material fact necessary to make any statements made to Secured Party not misleading.

Further Representations. Grantors further represent, warrant, and covenant that (i) Grantors are not in default under any agreement under which Grantors owe any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the Grantors; (ii) the information, if any, provided by the Grantors to Secured Party Parties pursuant to a request for such information from the any Secured Party on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the any Secured Party, if any, fairly present Grantors’ ' financial condition as at the respective dates thereof, and there has not been a material adverse change in the financial condition of the Grantors since the date of the most recent of the financial statements submitted to any Secured Party; (iv) Grantors are in compliance with all laws and orders applicable to it where the failure to so comply could reasonably be expected to have a material adverse effect on the Grantors; (v) Grantors are not party to any litigation and are not, to their knowledge the subject of any government investigation, and the Grantors have no knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigation; (vi) Grantors’ ' principal place of business is located at the address specified in Section 9; and (vii) the representations and other statements made by the Grantors to Secured PartyParties, do not, taken as a whole, contain any untrue statement of a material fact or omit to state a material fact necessary to make any statements made to Secured Party Parties not misleading.

Further Representations. Grantors Grantor further representrepresents, warrantwarrants, and covenant covenants that (i) Grantors are Grantor is not in default under any agreement under which Grantors owe Grantor owes any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the GrantorsGrantor; (ii) the information, if any, provided by the Grantors Grantor to Secured Party Parties pursuant to a request for such information from the any Secured Party on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the any Secured Party, if any, fairly present Grantors’ Grantor’s financial condition as at the respective dates thereof, and there has not been a material adverse change in the financial condition of the Grantors Grantor since the date of the most recent of the financial statements submitted to any Secured Party; (iv) Grantors are Grantor is in compliance with all laws and orders applicable to it where the failure to so comply could reasonably be expected to have a material adverse effect on the GrantorsGrantor; (v) Grantors are Grantor is not party to any litigation and are is not, to their its knowledge the subject of any government investigation, and the Grantors have Grantor has no knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigation; (vi) Grantors’ Grantor’s principal place of business is located at the address specified in Section 9; and (vii) the representations and other statements made by the Grantors Grantor to Secured PartyParties, do not, taken as a whole, contain any untrue statement of a material fact or omit to state a material fact necessary to make any statements made to Secured Party Parties not misleading.

Further Representations. Grantors Grantor further representrepresents, warrantwarrants, and covenant covenants that (i) Grantors are not neither Grantor nor any Subsidiary is in default under any agreement under which Grantors owe Grantor or such Subsidiary owes any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the GrantorsGrantor on a consolidated or consolidating basis; (ii) the information, if any, information provided by the Grantors to Secured Party pursuant to a request for such information from the Secured Party Lenders on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the Secured Party, if any, Lenders fairly present Grantors’ Grantor’s financial condition as at the respective dates thereofcondition, and there has not been a material adverse change in the financial condition of the Grantors Grantor since the date of the most recent of the financial statements submitted to Secured PartyLenders; (iv) Grantors are Grantor and each Subsidiary is in compliance with all laws and orders applicable to it where the failure to so comply be in compliance could reasonably be expected to have a material adverse effect on the Grantorseffect; (v) Grantors are not neither Grantor nor any Subsidiary is a party to any litigation and are not, to their knowledge or is the subject of any government investigation, and the Grantors have no neither Grantor nor any Subsidiary has any knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigation; (vi) Grantors’ Grantor’s principal place of business is located at the address specified in Section 911; and (vii) the representations and no representation or other statements statement made by the Grantors Grantor to Secured Party, do not, taken as a whole, contain any Lender contains any untrue statement of a material fact or omit omits to state a material fact necessary to make any statements made to Secured Party any Lender not misleadingmisleading (it being recognized by the Lenders that the projections and forecasts provided by Grantor in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected or forecasted results).

Further Representations. Grantors Grantor further representrepresents, warrantwarrants, and covenant covenants that (i) Grantors are not neither Grantor nor any Subsidiary is in default under any material agreement under which Grantors owe Grantor or such Subsidiary owes any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the GrantorsGrantor on a consolidated or consolidating basis; (ii) the information, if any, information provided by the Grantors to Secured Party pursuant to a request for such information from the Secured Party Bank on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the Secured Party, if any, Bank fairly present Grantors’ Grantor’s financial condition as at the respective dates thereofcondition, and there has not been a material adverse change in the financial condition of the Grantors Grantor since the date of the most recent of the financial statements submitted to Secured PartyBank; (iv) Grantors are Grantor and each Subsidiary is in compliance with all laws and orders applicable to it it, except where the failure to so comply could is not reasonably be expected likely to have a material adverse effect on the GrantorsMaterial Adverse Effect; (v) Grantors are not except as disclosed in the Schedule to the Loan Agreement, neither Grantor nor any Subsidiary is a party to any litigation and are not, to their knowledge or is the subject of any government investigation, and the Grantors have no neither Grantor nor any Subsidiary has any knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigationinvestigation in which a likely adverse decision could reasonably be expected to have a Material Adverse Effect; (vi) Grantors’ Grantor’s principal place of business is located at the address specified in Section 911; and (vii) the representations and no representation or other statements statement made by the Grantors Grantor to Secured Party, do not, taken as a whole, contain Bank contains any untrue statement of a material fact or omit omits to state a material fact necessary to make any statements made to Secured Party Bank not misleading.

Further Representations. Grantors Grantor further representrepresents, warrantwarrants, and covenant covenants that (i) Grantors are not neither Grantor nor any Subsidiary is in default under any agreement under which Grantors owe Grantor or such Subsidiary owes any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the GrantorsGrantor on a consolidated or consolidating basis; (ii) the information, if any, information provided by the Grantors to Secured Party pursuant to a request for such information from the Secured Party Lender on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the Secured Party, if any, Lender fairly present Grantors’ Grantor’s financial condition as at the respective dates thereofcondition, and there has not been a material adverse change in the financial condition of the Grantors Grantor since the date of the most recent of the financial statements submitted to Secured PartyLender; (iv) Grantors are Grantor and each Subsidiary is in compliance with all laws and orders applicable to it where the failure to so comply with which could reasonably be expected to have a material adverse effect on the GrantorsGrantor on a consolidated or consolidating basis; (v) Grantors are not neither Grantor nor any Subsidiary is a party to any litigation and are not, to their knowledge or is the subject of any government investigation, and the Grantors have no neither Grantor nor any Subsidiary has any knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigation, in each case where such litigation or investigation could have a material adverse effect on Grantor on a consolidated or consolidating basis; (vi) Grantors’ Grantor’s principal place of business is located at the address specified in Section 911; and (vii) the representations and no representation or other statements statement made by the Grantors Grantor to Secured Party, do not, taken as a whole, contain Lender contains any untrue statement of a material fact or omit omits to state a material fact necessary to make any statements made to Secured Party Lender not misleading.

Further Representations. Grantors Grantor further representrepresents, warrantwarrants, and covenant covenants that (i) Grantors are not neither Grantor nor any Subsidiary is in default under any agreement under which Grantors owe Grantor or such Subsidiary owes any money, or any agreement, the violation or termination of which could reasonably be expected to have a material adverse effect on the GrantorsGrantor on a consolidated or consolidating basis; (ii) the information, if any, information provided by the Grantors to Secured Party pursuant to a request for such information from the Secured Party Bank on or prior to the date of this Agreement is true and correct in all material respects; (iii) all financial statements and other information provided to the Secured Party, if any, Bank fairly present Grantors’ Grantor’s financial condition as at the respective dates thereofcondition, and there has not been a material adverse change in the financial condition of the Grantors Grantor since the date of the most recent of the financial statements submitted to Secured PartyBank; (iv) Grantors are Grantor and each Subsidiary is in compliance with all laws and orders applicable to it where the failure to so comply with which could reasonably be expected to have a material adverse effect on the GrantorsGrantor on a consolidated or consolidating basis; (v) Grantors are not neither Grantor nor any Subsidiary is a party to any litigation and are not, to their knowledge or is the subject of any government investigation, and the Grantors have no neither Grantor nor any Subsidiary has any knowledge of any pending litigation or investigation or the existence of circumstances that reasonably could be expected to give rise to such litigation or investigation, in each case where such litigation or investigation could have a material adverse effect on Grantor on a consolidated or consolidating basis; (vi) Grantors’ Grantor’s principal place of business is located at the address specified in Section 911; and (vii) the representations and no representation or other statements statement made by the Grantors Grantor to Secured Party, do not, taken as a whole, contain Bank contains any untrue statement of a material fact or omit omits to state a material fact necessary to make any statements made to Secured Party Bank not misleading.