Common use of Ratification of Representations, Warranties, Covenants and Other Provisions Clause in Contracts

Ratification of Representations, Warranties, Covenants and Other Provisions. All of the remaining terms, provisions and conditions set forth in the Existing Credit Agreement shall continue and remain in full force and effect and are incorporated herein and ratified and adopted herein by reference (including without limitation, the consents, waivers and other provisions of Article XVII thereof). The Borrowers restate, confirm and ratify the warranties, covenants and representations set forth in the Existing Credit Agreement and further represent and warrant to the Administrative Agent and the Lenders as of the date hereof (after giving effect to this Third Amendment) that (i) no uncured Default or Event of Default exists under the Existing Credit Agreement, as amended by this Third Amendment, (ii) Borrowers have all necessary power and authority to execute, deliver and perform their respective obligations under this Third Amendment; (iii) the execution, delivery and performance by the Borrowers of this Third Amendment has been duly authorized by all necessary action on their part; (iv) this Third Amendment has been duly executed and delivered by the Borrowers and constitutes the legal, valid and binding obligation of the Borrowers in accordance with its terms, except to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws generally affecting creditor’s rights and by equitable principles (regardless of whether enforcement is sought in equity or at law); (v) the execution and delivery of this Third Amendment by the Borrowers and the performance of their respective obligations hereunder require no authorizations, approvals or consent, or registration or filing with, or further action by, any Governmental Authority, except for those that have been obtained or made and are in effect; and (vi) neither the execution and delivery of this Third Amendment nor compliance with the terms hereof will contravene, or result in a breach of, the charter, by-laws, operating agreement or other corporate governance documents of the Borrowers, any requirement of applicable law, any agreement or instrument to which the Borrowers are a party or by which it is bound or to which it or its Property or assets are subject, or constitute a default under any such agreement or instrument.

Ratification of Representations, Warranties, Covenants and Other Provisions. All of the remaining terms, provisions and conditions set forth in the Existing Credit Agreement shall continue and remain in full force and effect and are incorporated herein and ratified and adopted herein by reference (including without limitation, the consents, waivers and other provisions of Article XVII thereof). The Borrowers restate, confirm and ratify the warranties, covenants and representations set forth in the Existing Credit Agreement and further represent and warrant to the Administrative Agent and the Lenders as of the date hereof (after giving effect to this Third Second Amendment) that (i) no uncured Default or Event of Default exists under the Existing Credit Agreement, as amended by this Third Second Amendment, (ii) Borrowers have all necessary power and authority to execute, deliver and perform their respective obligations under this Third Second Amendment; (iii) the execution, delivery and performance by the Borrowers of this Third Second Amendment has been duly authorized by all necessary action on their part; (iv) this Third Second Amendment has been duly executed and delivered by the Borrowers and constitutes the legal, valid and binding obligation of the Borrowers in accordance with its terms, except to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws generally affecting creditor’s rights and by equitable principles (regardless of whether enforcement is sought in equity or at law); (v) the execution and delivery of this Third Second Amendment by the Borrowers and the performance of their respective obligations hereunder require no authorizations, approvals or consent, or registration or filing with, or further action by, any Governmental Authority, except for those that have been obtained or made and are in effect; and (vi) neither the execution and delivery of this Third Second Amendment nor compliance with the terms hereof will contravene, or result in a breach of, the charter, by-laws, operating agreement or other corporate governance documents of the Borrowers, any requirement of applicable law, any agreement or instrument to which the Borrowers are a party or by which it is bound or to which it or its Property or assets are subject, or constitute a default under any such agreement or instrument.

Ratification of Representations, Warranties, Covenants and Other Provisions. All of the The remaining terms, provisions and conditions set forth in the Existing Credit Agreement and the other Loan Documents not modified hereby shall continue and remain in full force and effect effect, and are incorporated herein and ratified and adopted herein by this reference (including without limitation, the consents, waivers and other provisions of Article XVII 17 thereof), with the same force and effect as if reiterated at length herein. The Borrowers hereby restate, confirm confirm, and ratify the warranties, covenants and representations set forth in the Existing Credit Agreement and the other Loan Documents (after giving effect to this Fourth Amendment). The Borrowers represent and warrant to the Administrative Agent and the Lenders as of the Fourth Amendment Effective Date that the representations and warranties in the Existing Credit Agreement and the other Loan Documents (after giving effect to this Fourth Amendment) are true and correct in all material respects as of the Fourth Amendment Effective Date (except to the extent a representation or warranty is stated to relate solely to an earlier date, in which case such representations and warranties will have been true and correct on and as of such earlier date). The Borrowers further represent and warrant to the Administrative Agent and the Lenders as of the date hereof Fourth Amendment Effective Date (after giving effect to this Third Fourth Amendment) that that: (i) no uncured Default or Event of Default exists under the Existing Credit Agreement, as amended by this Third Fourth Amendment, or any other Loan Document; (ii) Borrowers have all necessary power and authority to executesign, deliver and perform their respective obligations under the Existing Credit Agreement, as amended by this Third Fourth Amendment, and the other Loan Documents; (iii) the executionsigning, delivery delivery, and performance by the Borrowers of this Third Fourth Amendment has been duly authorized by all necessary action on their part; (iv) the Existing Credit Agreement, as amended by this Third Amendment Fourth Amendment, and the other Loan Documents has each been duly executed signed and delivered by the Borrowers and each Loan Document constitutes the legal, valid valid, and binding obligation of the Borrowers in accordance with enforceable under its terms, except to the extent that if the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium moratorium, or other similar laws generally affecting the enforcement of creditor’s rights and by equitable general principles (regardless of whether enforcement is sought in equity or at law)equity; (v) the execution signing and delivery of the Existing Credit Agreement, as amended by this Third Amendment Fourth Amendment, or any other Loan Document by the Borrowers and the their performance of their respective obligations hereunder and thereunder require no authorizations, approvals approvals, or consent, or registration or filing with, or further action by, any Governmental Authority, except for those that have been obtained or made and are in effect; and (vi) neither the execution signing and delivery of the Existing Credit Agreement, as amended by this Third Amendment Fourth Amendment, or any other Loan Document, nor compliance with the terms hereof or thereof, will contravene, or result in a breach of, the charter, by-laws, operating agreement agreement, or other constituent corporate governance documents of the Borrowers, any requirement of applicable law, any agreement or instrument to which the Borrowers are a party or by which it is bound or to which it or its Property or assets are subject, or constitute a default under any such agreement or instrument.