Common use of Representation and Warranties of Borrower Clause in Contracts

Representation and Warranties of Borrower. Borrower represents and warrants as follows: (a) The execution, delivery and performance by Borrower of this Agreement are within Borrower’s limited partnership powers, have been duly authorized by all necessary limited partnership action and do not (i) violate the Company’s organizational documents or (ii) result in a breach of, or default under, any existing obligation of the Company under any indenture, loan agreement or other similar material agreement or instrument binding on the Company. (b) No authorization, consent or approval of any Governmental Authority is required to be obtained or made by the Company as a condition to its valid execution, delivery and performance of this Agreement. (c) This Agreement constitutes a valid and binding agreement of the Company enforceable against the Company in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and equitable principles of general applicability. (d) No Default, Event of Default or Material Adverse Effect has occurred and is continuing.

Representation and Warranties of Borrower. Borrower represents and warrants as follows: (a) The execution, delivery and performance by Borrower of this Agreement are within Borrower’s limited partnership powers, have been duly authorized by all necessary limited partnership action and do not (i) violate the Company’s organizational documents or (ii) result in a breach of, or default under, any existing obligation of the Company under any indenture, loan agreement or other similar material agreement or instrument binding on the Company. (b) No authorization, consent or approval of any Governmental Authority is required to be obtained or made by the Company as a condition to its valid execution, delivery and performance of this Agreement. (c) This Agreement constitutes a valid and binding agreement of the Company enforceable against the Company in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and equitable principles of general applicability. (d) The Commitment, including any increases pursuant to Clause 2.2 thereof, does not exceed $200,000,000. (e) No Default, Event of Default or Material Adverse Effect has occurred and is continuing.