Representation of Lenders. Each Lender hereby represents that it will make each Loan hereunder as a commercial loan for its own account in the ordinary course of its business; PROVIDED, HOWEVER, that subject to SECTION 13.1 hereof, the disposition of the Notes or other evidence of the Secured Obligations held by any Lender shall at all times be within its exclusive control.
Representation of Lenders. Each Lender represents and warrants to each Borrower, Agent and other Lenders that none of the consideration used by it to fund its Loans or to participate in any other transactions under this Agreement constitutes for any purpose of ERISA or Section 4975 of the Internal Revenue Code assets of any “plan” as defined in Section 3(3) of ERISA or Section 4975 of the Internal Revenue Code and the interests of such Lender in and under the Loan Documents shall not constitute plan assets under ERISA.
Representation of Lenders. Each Lender hereby represents that it will make each Loan hereunder as a commercial loan for its own account in the ordinary course of its business; PROVIDED, HOWEVER, that subject to SECTION 12.1 hereof, the disposition of the Notes or other evidence of the Secured Obligations held by any Lender shall at all times be within its exclusive control.
Representation of Lenders. Each Lender initially party to this ------------------------- Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this subsection 10.1B upon its becoming a Lender under this Agreement shall be deemed to represent, that it is a commercial lender, other financial institution or other "accredited investor" (as defined in Regulation D under the Securities Act) which makes loans in the ordinary course of its business and is acquiring the Loans without a view to distribution of the Loans within the meaning of the federal securities laws, and that it will make or acquire Loans for its own account in the ordinary course of such business; provided that, subject to -------- the provisions of this subsection 10.1, the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Representation of Lenders. Each of the Lenders hereby severally represents and warrants to the Borrower as follows:
(a) This Agreement is made with each Lender in reliance upon such Lender's representation to the Borrower, which by its acceptance hereof the Lender hereby confirms that the Note to be received by it will be acquired for investment for its own account, not as a nominee or agent, and not with a view to the sale or distribution of any part thereof, and that it has no present intention of selling, granting participation in, or otherwise distributing the same. By executing this Agreement, the Lender further represents that it does not have a contract, undertaking, agreement or arrangement with any person to sell, transfer or grant participation to such person, or to any third person, with respect to the Notes.
(b) Each Lender understands that the Notes have not been registered under the Securities Act on the grounds that the sale provided for in this Agreement and the issuance of the Notes hereunder is exempt from registration under the Securities Act, and that the Borrower's reliance on such exemption is predicated in part upon the Lender's representations and warranties set forth herein.
(c) Each Lender represents that he is an accredited investor, as defined under Regulation D of the Securities Act, experienced in evaluating companies such as the Borrower, has such knowledge and experience in financial and business matters as to be capable of evaluating the merits and risks of its investments, and has the ability to bear the economic risks of its investments.
(d) Each Lender understands that the Notes may not be sold, transferred or otherwise disposed of without registration under the Securities Act or an exemption therefrom, and that in the absence of an effective registration statement covering the Notes or an available exemption from the registration under the Securities Act, the Notes must be held indefinitely.
(e) Each Lender agrees that in no event will it make a transfer or disposition of the Notes other than in compliance with all applicable securities laws.
Representation of Lenders. Each Lender hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make each Loan hereunder for its own account in the ordinary course of such business; provided, however, that, subject to subsection 9.2, the disposition of the Notes or other evidences of Indebtedness held by that Lender shall at all times be within its exclusive control. Each UK Lender
Representation of Lenders. 97 ARTICLE 14 AGENT...............................................................................................97
Representation of Lenders. Each Lender hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make each Loan hereunder for its own account in the ordinary course of such business; provided, however, that, subject to subsection 9.2, the disposition of the Notes or other evidences of Indebtedness held by that Lender shall at all times be within its exclusive control.
Representation of Lenders. Each Lender hereby represents that (a) it is a commercial lender or financial institution, (b) it will make any Revolving Credit Loan for its own account, (c) subject to subsection 10.2, the disposition of evidence of Indebtedness held by that Lender shall at all times be within its exclusive control, and (d) its participation as a Lender hereunder and extension of credit in respect hereof will not require registration or qualification under any securities laws.
Representation of Lenders. Each Lender represents that it is a “qualified purchaser” within the meaning of Section 2(a)(51) of the 1940 Act.
