Common use of Recapitalization Agreements Clause in Contracts

Recapitalization Agreements. As of the Closing Date, Borrower has delivered to Agent complete and correct copies of the Recapitalization Agreements (including all schedules, exhibits, amendments, supplements, modifications, assignments and all other documents delivered pursuant thereto or in connection therewith). No Credit Party and no other Person party thereto is in default in the performance or compliance with any provisions thereof. Each of the Recapitalization Agreements complies with, and, except for the completion of the repurchase by Borrower of the Prior Senior Notes and the redemption by Borrower of certain equity interests of Borrower, in each in accordance with the applicable Recapitalization Agreements, the Recapitalization has been consummated in accordance with, all applicable laws. Each of the Recapitalization Agreements is in full force and effect as of the Closing Date and has not been terminated, rescinded or withdrawn. All requisite approvals by Governmental Authorities having jurisdiction over any Credit Party and other Persons referenced therein with respect to the transactions contemplated by the Recapitalization Agreements have been obtained, and no such approvals impose any conditions to the consummation of the transactions contemplated by the Recapitalization Agreements or to the conduct by any Credit Party of its business thereafter. To the best of each Credit Party's knowledge, none of the representations or warranties in any of the Recapitalization Agreements made by any Person not a Credit Party contains any untrue statement of a material fact or, when taken as a whole, omits any fact necessary to make the statements therein not misleading. Each of the representations and warranties given by each applicable Credit Party in each of the Recapitalization Agreements is true and correct in all material respects in light of the circumstances under which they were made. Notwithstanding anything contained in any of the Recapitalization Agreements to the contrary, such representations and warranties of the Credit Parties are incorporated into this Agreement by this Section 3.24 and shall, solely for purposes of this Agreement and the benefit of Agent and Lenders, survive the consummation of the Recapitalization.