No Defaults; Representations and Warranties. After giving effect to each Credit Event occurring on the Effective Date, and the other transactions contemplated hereby to occur on or prior to the Effective Date, (a) no Default or Event of Default shall have occurred and be continuing and (b) all representations and warranties made on the Effective Date by any Credit Party contained herein or in the other Credit Documents shall be true and correct as of the Effective Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date).
No Defaults; Representations and Warranties. No Event of Default shall have occurred and be continuing and all of the representations and warranties in this Agreement and the other Loan Documents shall be true and correct in all material respects.
No Defaults; Representations and Warranties. The Company, by execution of this Agreement, hereby represents and warrants that as of the date hereof, that the Company is in compliance with all terms and conditions and covenants set forth in the Note and the Warrant, and that, immediately prior to and after giving effect to the transactions contemplated herein, all of the representations and warranties set forth in the Note and the Warrant are and continue to be true and correct as if made on the date hereof, and that no Event of Default or other breach has occurred, exists, or is continuing with respect to the Note or the Warrant. The Company represents and warrants that this Agreement and the Amendments contemplated herein constitute the legal and binding obligations of the Company, enforceable in accordance with their respective terms, and that no event has occurred, in the time since the execution of the Note or the Warrant or otherwise, which would impair the enforceability of any of the agreements and transactions contemplated herein.
No Defaults; Representations and Warranties. 6.5. Senior Unsecured Notes 6.6. Equity Investment 6.7. Structure and Terms of the Acquisition Transactions and Public Company Merger
No Defaults; Representations and Warranties. After giving effect to each Credit Event occurring on the Credit Agreement Closing Date, the Public Company Merger and the other transactions contemplated hereby to occur on or prior to the Credit Agreement Closing Date, (a) no Default or Event of Default shall have occurred and be continuing and (b) all representations and warranties made on the Credit Agreement Closing Date by any Credit Party contained herein or in the other Credit Documents shall be true and correct as of the Credit Agreement Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date).
No Defaults; Representations and Warranties. After giving effect to each Credit Event occurring on the Initial Transaction Closing Date, the Initial Transaction and the other transactions contemplated hereby to occur on or prior to the Initial Transaction Closing Date, (a) no Default or Event of Default shall have occurred and be continuing and (b) all representations and warranties made on the Initial Transaction Closing Date by any Credit Party contained herein or in the other Credit Documents shall be true and correct as of the Initial Transaction Closing Date (except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct as of such earlier date).
No Defaults; Representations and Warranties. Original Borrower hereby represents and warrants that no default, Event of Default, breach or failure of condition has occurred, or would exist with notice or the lapse of time or both, under any of the Loan Documents or the Original Environmental Indemnity. Original Borrower hereby represents and warrants that all representations and warranties in (i) Sections 4.1.1(b) and (d), 4.1.2, 4.1.3, 4.1.5, 4.1.6, 4.1.7, 4.1.8, 4.1.9, 4.1.10, 4.1.11, 4.1.12, 4.1.13, 4.1.14, 4.1.17, 4.1.18, 4.1.19, 4.1.22, 4.1.23, 4.1.24, 4.1.25, 4.1.26, 4.1.28, 4.1.29, 4.1.30, 4.1.31, 4.1.33 and 4.1.36 of the Loan Agreement, (ii) Section 8.1 of the Security Instrument, (iii) Section 5 of the Assignment of Leases, and (iv) Section 3 of the Original Environmental Indemnity are true and correct in all material respects on the Effective Date, as if made on the Effective Date. New Borrower hereby makes, as of the date hereof, the representations and warranties under Sections 4.1.2, 4.1.5, 4.1.25, 4.1.28, 4.1.29, 4.1.30, 4.1.31, and 5.2.8 of the Loan Agreement, as “Borrower” under the Loan Documents. Original Borrower hereby represents and warrants to Lender that, as of the Effective Date, Lender is not in default under any of its obligations under the Loan Documents or the Original Environmental Indemnity, and that Original Borrower does not have (nor are there) any claims, defenses or offsets of any kind against Lender in connection with the Loan and/or the Loan Documents and/or the Original Environmental Indemnity, with respect to acts, conditions or omissions occurring or arising on or prior to the Effective Date, and Original Borrower and New Borrower agree not to make any such claims, defenses or offsets, now or in the future, and hereby release Lender and its successors and assigns, affiliates, participants, agents and employees from any and all such claims, defenses or offsets.
No Defaults; Representations and Warranties. Borrower and, to the best of its knowledge, New Borrower, each hereby represents and warrants that no default, Event of Default, breach or failure of condition has occurred, or would exist with notice or the lapse of time or both, under any of the Loan Documents. Borrower hereby represents and warrants that all representations and warranties in the Loan Agreement, the Security Instrument and the other Original Loan Documents are true and correct in all material respects on the date hereof, as if made on the Effective Date. New Borrower hereby represents and warrants that all representations and warranties in the Loan Agreement, the Security Instrument and the other Original Loan Documents (other than the Excluded Original Loan Documents) are true and correct in all material respects on the date hereof, as if made on the Effective Date, other than any representations or warranties that are unique and specific only to Borrower (e.g., Borrower’s date of formation).
