Common use of Representation and Warranties of the Borrower Clause in Contracts

Representation and Warranties of the Borrower. The Borrower represents and warrants as follows: (a) The execution, delivery and performance by the Borrower of this Agreement are within the Borrower’s corporate powers, have been duly authorized by all necessary corporate action on the part of the Borrower and do not contravene (i) the Borrower’s articles of incorporation or by-laws or (ii) any material indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval of any Governmental Authority is required for the valid execution, delivery and performance by the Borrower of this Agreement. (c) This Agreement constitutes a valid and binding agreement of the Borrower enforceable against the Borrower in accordance with its terms, subject to applicable bankruptcy, insolvency 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 the Borrower. The Borrower represents and warrants as follows: (a) The execution, delivery and performance by the Borrower of this Agreement are within the Borrower’s corporate powers, have been duly authorized by all necessary corporate corporation action on the part of the Borrower and do not contravene (i) violate the Borrower’s articles certificate of incorporation or by-laws or (ii) result in a breach of, or default under any material indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval of any Governmental Authority governmental body or agency is required for the valid execution, delivery and performance by the Borrower of this Agreement. (c) This Agreement constitutes a valid and binding agreement of the Borrower enforceable against the Borrower in accordance with its terms, subject to applicable bankruptcy, insolvency or similar laws affecting creditors’ rights generally and equitable principles of general applicability. (d) No Default, Event of Default or Material Adverse Effect event has occurred and is continuingcontinuing that constitutes an Event of Default.