Initial representations and warranties. The Borrowers jointly and severally further represent and warrant to each Creditor that:
Initial representations and warranties. The Borrower further represents and warrants to the Bank that:
Initial representations and warranties. The Borrower hereby further represents and warrants to the Lender that:
Initial representations and warranties. The Borrowers jointly and severally further represent and warrant to the Bank that:
7.2.1 Pari passu the obligations of each Borrower under this Agreement and the Master Swap Agreement are direct, general and unconditional obligations of such Borrower and rank at least pari passu with all other present and future unsecured and unsubordinated Indebtedness of such Borrower (with the exception of any obligations which are mandatorily preferred by law and not by contract);
7.2.2 No default under other Indebtedness none of the Borrowers nor any of their respective Related Companies nor any other Security Party is (nor would with the giving of notice or lapse of time or the satisfaction of any other condition or combination thereof be) in breach of or in default under the Master Swap Agreement or any other agreement relating to Indebtedness to which it is a party or by which it may be bound;
Initial representations and warranties. The Borrower further represents and warrants to each of the Finance Parties that:
Initial representations and warranties. The GCC Verifier makes the following representations and warranties to the GCC at the date of this Agreement: it is duly incorporated and validly existing under the laws of the jurisdiction of its incorporation; the obligations expressed to be assumed by it in this Agreement are legal, valid, binding and enforceable obligations; it has the power to enter into and perform each of its obligations, and has taken all necessary actions to authorize its entry into and performance of its obligations, under this Agreement; the entry into and performance of its obligations under this Agreement do not and will not contravene, constitute a default under or conflict with: any law or regulation applicable to it; its constitutional documents; or any agreement or instrument binding upon it; it has duly and unconditionally obtained all necessary authorizations, consents and approvals of any governmental, regulatory or other authority, all of which are now in full force and effect, which are required for it to enter into and perform its obligations under this Agreement; no Default is continuing or might reasonably be expected to result from the performance of any of its obligations under this Agreement; no litigation, arbitration or administrative proceedings of or before any court, arbitral body or agency which, if adversely determined, might reasonably be expected to render impossible or economically impracticable or otherwise hinder its performance of its obligations under this Agreement has (to the best of its knowledge) been started or threatened against it; and any factual information it provides in accordance with its obligations under this Agreement is (to the best of its knowledge) true and accurate in all material respects at the date it is provided.
Initial representations and warranties. The Borrowers jointly and severally further represent and warrant to each Creditor that:
7.2.1 Pari passu the obligations of each Borrower under this Agreement are direct, general and unconditional obligations of such Borrower and rank at least pari passu with all other present and future unsecured and unsubordinated Indebtedness of such Borrower except for obligations which are mandatorily preferred by operation of law and not by contract;
7.2.2 No default under other Indebtedness
(a) none of the Borrowers nor any of their respective Related Companies nor any other Security Party is (nor would with the giving of notice or lapse of time or the satisfaction of any other condition or combination thereof be) in breach of or in default under any agreement relating to Indebtedness to which it is a party or by which it may be bound; and
(b) neither of the Builders nor any Refund Guarantor is (nor would with the giving of notice or lapse of time or the satisfaction of any other condition or combination thereof be) in breach of or in default under any agreement relating to Borrowed Money to which it is a party or by which it may be bound;
Initial representations and warranties. The Guarantor further represents and warrants to the Security Agent that:
4.2.1 Pari passu the obligations of the Guarantor under this Guarantee are direct, general and unconditional obligations of the Guarantor and rank at least pari passu with all other present and future unsecured and unsubordinated Indebtedness of the Guarantor with the exception of any obligations which are mandatorily preferred by law and not by contract;
4.2.2 No default under other Indebtedness the Guarantor is not (nor would with the giving of notice or lapse of time or the satisfaction of any other condition or combination thereof be) in breach of or in default under any agreement relating to Indebtedness to which it is a party or by which it may be bound;
Initial representations and warranties. The Borrowers jointly and severally further represent and warrant to each Creditor that:
7.2.1 Pari passu and subordinated indebtedness the obligations of each Borrower under this Agreement and the Master Swap Agreement and the obligations of the Corporate Guarantor under the Corporate Guarantee are direct, general and unconditional obligations of such Borrower and the Corporate Guarantor, respectively, and rank at least pari passu with all other present and future unsecured and unsubordinated Indebtedness of such Borrower with the exception of any obligations which are mandatorily preferred by law and not by contract;
7.2.2 No default under other Indebtedness none of the Borrowers nor any of their respective Related Companies nor any other Security Party is (nor would with the giving of notice or lapse of time or the satisfaction of any other condition or combination thereof be) in breach of or in default under any agreement relating to Indebtedness to which it is a party or by which it may be bound;
Initial representations and warranties. Lessee hereby represents and warrants to Lessor as of the date hereof and as of the Delivery Date (unless, in each case, such representation and warranty is expressly applicable on and as of another date or dates) that:
