Repeated representations and warranties. Each of the representations and warranties set forth in Section 6.02 (Repeated Representations and Warranties of the Loan Parties) is true and correct in all material respects except for those representations and warranties that are qualified by materiality, which shall be true and correct in all respects, as to such Loan Party, on and as of the date of the extension of credit as if made on and as of the date of the extension of credit (or, if stated to have been made solely as of an earlier date, as of such earlier date) and the Working Capital Facility Agent has received a certificate of the Borrower certifying that the condition in this Section 7.02(b) (Conditions to Each Working Capital Borrowing) has been met;
Repeated representations and warranties. Each Obligor party hereto represents and warrants to each Finance Party that (subject to clause 9.5):
(a) Due incorporation: it and the other members of the Group from time to time are duly incorporated and validly existing under the laws of England as limited liability companies and have power to carry on their respective businesses as they are now being conducted and to own their respective property and other assets;
Repeated representations and warranties. Each Obligor (other than the Immediate Shareholder) in respect of itself and its Subsidiaries, the Immediate Shareholder (in respect of itself only) and, as the case may be, the Ultimate Shareholder (in respect of itself only) represents and warrants to each of the Finance Parties that:
Repeated representations and warranties. Each TCN Entity severally represents and warrants in respect of itself and, in the case of the Borrower, each other member of the TCN Group to each of the Banks, the Arrangers, the Security Trustee and the Agent that:
(a) Due incorporation of the Borrower and the Charging Subsidiaries the Borrower, each Charging Subsidiary and each other Subsidiary of the Borrower are duly incorporated and validly existing under the laws of the respective countries of their incorporation as limited liability companies and have power to carry on their respective business as they are now being and hereafter proposed to be conducted and to own their respective property and other assets;
(b) Power of the Borrower and each Charging Subsidiary the Borrower and each Charging Subsidiary have all requisite power to execute, deliver and perform their respective obligations under this Agreement and the Security Documents to which they are party including, in the case of the Borrower to borrow the Commitments; compliance has been made with all necessary requirements and all necessary corporate, shareholder or other action has been taken by the Borrower and each Charging Subsidiary to authorise the execution, delivery and performance of this Agreement and the Security Documents to which they are a party; no limitation on the powers of the Borrower to borrow will be exceeded as a result of borrowings under this Agreement and notwithstanding the generality of the foregoing, each Charging Subsidiary (where necessary) has amended its Articles of Association to permit:
(i) any transfer of its shares in favour of the Security Trustee (or its nominee) pursuant to any Security Document; and
(ii) any transfer of its shares where such transfer is duly executed by the Security Trustee (or its nominee) pursuant to any power of sale under any Security Document;
(c) Due formation of Charging Partnerships each Charging Partnership is a general or limited partnership duly formed, validly existing and in good standing under the laws of the State of Colorado or England and having other TCN Entities (being in the case of the Charging Partnerships formed in the State of Colorado, the TCN Entities that have executed or are expected to execute the Pledge and Security Agreements) as its only partners (there being no outstanding rights to acquire further interests therein) and has provided to the Agent a true, correct and complete copy of the partnership agreement pursuant to which it was formed and currently...
Repeated representations and warranties. The representations and warranties provided in this Article V, such representations and warranties shall be deemed to be automatically repeated by the Pledgor on the date of submission of the Pledgor's applications for Disbursement, on every other date on which each Disbursement is made under the Loan Agreement, on each Interest Payment Date, and on every date when an amendment agreement is entered into, by reference to the facts and circumstances then existing..
Repeated representations and warranties. Each TCN Entity (other than TCN) in respect of itself and TCN in respect of itself and (as the case may be) each Joint Venture Group represents and warrants to each of the Finance Parties that:
Repeated representations and warranties. Each Obligor represents and warrants to each Finance Party (so that references to any Obligor and other members of the Charging Group which at the date of this Agreement are not party to a Finance Document shall only take effect from the date that such Obligor or other member of the Charging Group becomes a party to any Finance Document) that:
Repeated representations and warranties. Each Obligor in respect of itself and its Material Subsidiaries represents and warrants to each of the Secured Parties that:
(a) DUE INCORPORATION ----------------- all of the members of the Group are duly incorporated and validly existing under the laws of the respective countries of their incorporation as limited liability companies and have power to carry on their respective businesses as they are now being conducted and to own their respective property and other assets;
Repeated representations and warranties. 8.1.1 Due incorporation: it is duly incorporated and validly existing under the laws of the jurisdiction of its incorporation, and has power to carry on its business as it is now being conducted and to own all of its property and other assets;
8.1.2 Corporate power: it has or, prior to the execution, delivery and performance of the same, will have, power to execute, deliver and perform its obligations under each of the Finance Documents to which it is party and to borrow the relevant Commitments, all necessary corporate, shareholder and other action has been or, prior to the execution, delivery and performance of the same, will have been taken to authorise the execution, delivery and performance of the same and no limitation on its powers to borrow will be exceeded as a result of any transaction under any of the Finance Documents;
Repeated representations and warranties. The Borrower represents and warrants to each of the Finance Parties that:
(a) DUE INCORPORATION: it, each of the Subsidiaries who are Restricted Subsidiaries and each Security Provider, is duly incorporated or organised and validly existing under the laws of the respective country of its incorporation or organisation and has power to carry on its business as it is now being conducted and to own its property and other assets;
