Common use of Incorporated Representations and Warranties Clause in Contracts

Incorporated Representations and Warranties. The Company hereby agrees that the representations and warranties contained in Article V of the Credit Agreement, together with any related definitions and other provisions, as in effect as of the Effective Date (the "Incorporated Representations"), are hereby incorporated by reference and shall be as binding on the Company as if set forth fully herein. The incorporation by reference to the Credit Agreement of the Incorporated Representations pursuant to this Section 5.01 shall survive the termination of the Credit Agreement. In the event a waiver is granted under the Credit Agreement or an amendment or modification is executed with respect to Credit Agreement, and such waiver, amendment and/or modification affects the Incorporated Representations, then such waiver, amendment or modification shall be effective with respect to the Incorporated Representations as incorporated by reference into this Agreement only if consented to by the Required Lenders, Super-Majority Lenders or all the Lenders, as required by Section 9.02, in a writing referring to this Agreement. For purposes of the incorporation of the Incorporated Representations pursuant to this Section 5.01, all terms used in the Incorporated Representations that are defined in Section 1.01 hereof shall be deemed to be used therein as defined in Section 1.01, all references in the Incorporated Representations to other provisions of the Credit Agreement shall be deemed to refer to the corresponding provisions of this Agreement, all references in the Incorporated Representations to a "Security Document" or the "Security Documents," or any similar references, shall be deemed to refer to the Cash Collateral Agreement, and all references in the Incorporated Representations to the "Borrower" shall be deemed to refer to the Company.

Incorporated Representations and Warranties. The Company Borrower hereby agrees that the representations and warranties affirmative covenants contained in Article V VI of the Credit Agreement, together with any related definitions and other provisions, Borrower Term Loan Agreement as in effect as of the Effective Closing Date and, subject to the provisions of Section 11.01, as the same may be amended, supplemented or otherwise modified from time to time after the Closing Date (the "Incorporated RepresentationsAffirmative Covenants"), are hereby incorporated herein by reference and shall be as binding on the Company Borrower as if set forth fully hereinherein until such time as the Commitments shall have expired or been terminated in full and all of the Obligations shall have been paid in full. The incorporation by reference to the Credit Borrower Term Loan Agreement of the Incorporated Representations Affirmative Covenants pursuant to this Section 5.01 6.03 shall survive the termination of the Credit Borrower Term Loan Agreement. In the event a waiver is granted under the Credit Borrower Term Loan Agreement or an amendment or modification is executed with respect to Credit Borrower Term Loan Agreement, and such waiver, amendment and/or modification affects the Incorporated RepresentationsAffirmative Covenants, then such waiver, amendment or modification shall be effective with respect to the Incorporated Representations Affirmative Covenants as incorporated by reference into this Agreement only if consented Agreement, subject to by the Required Lenders, Super-Majority Lenders or all the Lenders, as required by provisions of Section 9.02, in a writing referring to this Agreement11.01. For purposes of the incorporation of the Incorporated Representations Affirmative Covenants pursuant to this Section 5.01, all terms used in the Incorporated Representations that are defined in Section 1.01 hereof shall be deemed to be used therein as defined in Section 1.016.03, all references in the Incorporated Representations to other provisions of the Credit Agreement shall be deemed to refer to the corresponding provisions of this Agreement, all references in the Incorporated Representations to a "Security Document" or the "Security Documents," or any similar references, shall be deemed to refer to the Cash Collateral Agreement, and all references in the Incorporated Representations Affirmative Covenants to the "Borrower" shall be deemed to refer to the Company.

Incorporated Representations and Warranties. The Company hereby agrees that Reference is made to the representations and warranties contained in Article V of the Syndicated Revolving Credit AgreementAgreement (hereinafter referred to as the "Incorporated Representations and Warranties"). The Borrower agrees with the Lender that, together with any related definitions and other provisions, as in effect effective as of the Effective Date (the "Incorporated Representations")date hereof, are hereby incorporated by reference and shall be as binding on the Company as if set forth fully herein. The incorporation by reference to the Credit Agreement of the Incorporated Representations pursuant to this Section 5.01 shall survive the termination and Warranties (and all other relevant provisions of the Credit Agreement. In the event a waiver is granted under the Syndicated Revolving Credit Agreement or an amendment or modification is executed with respect to Credit Agreement, and such waiver, amendment and/or modification affects the Incorporated Representations, then such waiver, amendment or modification shall be effective with respect to the Incorporated Representations as related thereto) are hereby incorporated by reference into this Agreement only if consented to by (including the Required Lenders, Super-Majority Lenders or all the Lenders, as required by Section 9.02, definition of terms used therein which appear in a writing referring to this Agreement. For purposes other provisions of the incorporation Syndicated Revolving Credit Agreement and the schedules thereto except to the extent otherwise specifically provided in the following provisions of this Section 6.1) to the same extent and with the same effect as if set forth fully herein and shall inure to the benefit of the Incorporated Representations pursuant to this Section 5.01, all terms used in Lender. Notwithstanding the Incorporated Representations that are defined in Section 1.01 hereof shall be deemed to be used therein as defined in Section 1.01foregoing, all references in the Incorporated Representations to other provisions of the Syndicated Revolving Credit Agreement to (a) the "Administrative Agent" and "Lenders" shall be deemed to refer to mean the corresponding provisions of "Lender", (b) "this Agreement", all references in the Incorporated Representations to a "Security Document" or the "Security Credit Documents," or any similar references", shall be deemed to refer to the Cash Collateral Agreement, and all references in the Incorporated Representations to the "BorrowerRevolving Notes" and the "Loans" shall be deemed to refer to this Agreement, the Company.Loan Documents, the Note and the Loans, respectively, (c) the words "hereunder" and "hereby" and the like shall be deemed to refer to this Agreement, (d) Schedule 5.01 shall be deemed to be Schedule 6.1 hereto, and (e) the financial statements in Section 5.03 (solely for the purpose of the representation and warranty contained in such Section 5.03 but not for the purpose of any cross-reference to such Section 5.03 or to the financial statements described therein contained in any other provision of Article V) shall be deemed to be those financial statements most recently delivered to the Lender pursuant to Section 6.07