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 corporation action and do not contravene (i) the Borrower's certificate of incorporation or by-laws or (ii) any indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval any 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) The aggregate amount of the Revolver A Commitments under the Credit Agreement, including any increases pursuant to Section 2.20 thereof, does not exceed $82,500,000. (e) No Default or Event of Default 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 ’s partnership powers, have been duly authorized by all necessary corporation partnership action and do not contravene (i) the Borrower's ’s Partnership Agreement or certificate of incorporation or by-laws limited partnership or (ii) any indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval any 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) The aggregate amount of the Revolver A Revolving Loan Commitments under the Credit Agreement, including any increases pursuant to Section 2.20 thereof, does not exceed $82,500,000. 700,000,000 (unless consented to by the Required Lenders). (e) No Default or Event of Default 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 ’s corporate powers, have been duly authorized by all necessary corporation action and do not contravene (i) the Borrower's ’s certificate of incorporation or by-laws or (ii) any indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval any 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) The aggregate amount of the Revolver A Commitments under the Credit Agreement, including any increases pursuant to Section 2.20 2.18 thereof, does not exceed $82,500,000. 132,500,000. (e) No As of the date hereof, no Default or Event of Default has occurred and is continuing. (f) The Borrower is in compliance with the covenants set forth in Sections 6.16 and 6.17 of the Credit Agreement (assuming the Commitments, as hereby increased, are fully drawn).

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 corporation action and do not contravene (i) the Borrower's certificate of incorporation or by-laws or (ii) any indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval any 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) The aggregate amount of the Revolver A Commitments under the Credit Agreement, including any increases pursuant to Section 2.20 thereof, does not exceed $82,500,000. 50,000,000. (e) No Default or Event of Default 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 ’s corporate powers, have been duly authorized by all necessary corporation action and do not contravene (i) the Borrower's ’s certificate of incorporation or by-laws or (ii) any indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval any 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) The aggregate amount of the Revolver A Commitments under the Credit Agreement, including any increases pursuant to Section 2.20 thereof, does not exceed $82,500,000. 450,000,000. (e) No Default or Event of Default 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 ’s corporate powers, have been duly authorized by all necessary corporation action and do not contravene (i) the Borrower's ’s certificate of incorporation or by-laws or (ii) any indenture, loan agreement or other similar agreement or instrument binding on the Borrower. (b) No authorization, consent or approval any 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) The aggregate amount of the Revolver A Commitments under the Credit Agreement, including any increases pursuant to Section 2.20 thereof, does not exceed $82,500,000. 500,000,000. (e) No Default or Event of Default has occurred and is continuing.