NOTEHOLDER REPRESENTATIONS AND WARRANTIES. As a material inducement to the Company to enter into this Agreement and consummate the exchange contemplated hereby, the Noteholder represents, warrants and covenants with and to the Company as follows:
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. The Noteholder hereby represents and warrants to and agrees with the Company with respect only to such Noteholder that:
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. Section 5.1. Cascade represents that it holds all of the outstanding principal amount of the Note.
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. As of the date hereof, Noteholder hereby represents and warrants to the Company that:
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. As of the date hereof, Noteholder represents and warrants the following:
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. The Noteholder hereby represents, warrants, and covenants to the Company that (i) the execution, delivery, and performance of this Agreement and all other documents executed and/or delivered in connection herewith have been authorized by all requisite action on the part of Noteholder and will not violate the organizational or governing documents of Noteholder; and (ii) no consent, approval, authorization, or order of any court, governmental agency, or body having jurisdiction over Noteholder or of any other person is required for the execution by Noteholder of this Agreement or compliance and performance by Noteholder of its obligations hereunder.
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. 5.1. Each Noteholder separately represents that it holds the principal amount of Notes set forth opposite its signature block below.
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. Each Noteholder, severally and not jointly, hereby represents and warrants to the Company that, as of the date hereof, as of the Exchange Date and as of the APA Closing:
NOTEHOLDER REPRESENTATIONS AND WARRANTIES. The Noteholder represents and warrants to, and covenants and agrees with, the Company as follows: