REPRESENTATION OF BORROWER. The Borrower hereby represents and warrants that, as of the date hereof and as of the Increase Date, (a) no event or condition shall have occurred and then be continuing which constitutes an Event of Default or Default and (b) the representations and warranties of the Borrower contained in the Credit Agreement are true and correct in all material respects (except to the extent any such representation or warranty is stated to relate solely to an earlier date).
REPRESENTATION OF BORROWER. The Borrower hereby represents and warrants that as of the date hereof and as of the Increase Date, no event or condition shall have occurred and then be continuing which constitutes a Default or Unmatured Default.
REPRESENTATION OF BORROWER. Borrower hereby confirms that, as of the date hereof, (i) Borrower is in compliance with each of the representations, warranties and covenants of Borrower set forth in the Loan Documents, (ii) no Event of Default exists under the Loan Documents and (iii) no fact or condition exists, which with the passage of time and/or giving of notice, would constitute an Event of Default under the Loan Documents.
REPRESENTATION OF BORROWER. The Borrower represents and warrants that, immediately after the effectiveness hereof, no Default or Event of Default shall have occurred and be continuing on such date.
REPRESENTATION OF BORROWER. As of the date hereof, Borrower hereby represents that (a) no Project Inchoate Defaults, Project Events of Default, Borrower Inchoate Defaults or Borrower Events of Default other than the PGET Defaults and the Millennium Completion Default have occurred and are continuing and (b) Borrower has all requisite limited liability company power and authority to execute and deliver this Agreement and to perform its obligations hereunder.
REPRESENTATION OF BORROWER. Borrower hereby represents and acknowledges the absence of any any valid offset, defense, counterclaim or right of rescission as to the Assigned Loan.
REPRESENTATION OF BORROWER. To induce the Banks to make the loans evidenced by the Revolving Credit Notes (as defined in the Loan Agreement), the Borrower hereby represents and warrants that it has good and marketable title to all of its real properties identified in the legal description(s) attached hereto (the "Negative Pledge Property") free from all liens, charges and encumbrances whatsoever, except for the liens in existence on the date hereof which are listed in Exhibit C to the Loan Agreement and the Permitted Encumbrances (as defined in the Loan Agreement) (collectively, the "Permitted Liens").
REPRESENTATION OF BORROWER. To induce the Canadian Bank to make the loans evidenced by the Canadian Revolving Credit Notes (as defined in the Loan Agreement), the Borrower hereby represents and warrants that it has good and marketable title to all of its real properties identified in the legal description(s) attached hereto (the "Negative Pledge Property"), free from all liens, charges and encumbrances whatsoever, except for the liens in existence on the date hereof which are listed in Exhibit C to the Loan Agreement and Permitted Encumbrances (as defined in the Loan Agreement) (collectively, the "Permitted Liens").
REPRESENTATION OF BORROWER. The Partnership and the Partners hereby acknowledge and confirm with the First Mortgage and GIT that:
a) They have no offset, counterclaim or defense with respect to the obligations under the First Mortgage Loan Document, the Subordinated Loan Documents or the Additional Loan Documents and to the extent that they have any offset, counterclaim or defense with respect to the obligations thereunder, they hereby waive and release such offset, counterclaim and defense.
REPRESENTATION OF BORROWER. The Borrower represents and warrants to the Lenders and the Administrative Agent that after giving effect to this Amendment, (i) the representations and warranties of the Borrower contained in the Credit Agreement are true and correct on the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date, and (ii) no Default or Event of Default has occurred and is continuing.
