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 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 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 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 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.
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Representation of Lenders. Each of the Lenders hereby severally represents and warrants to the Borrower as follows:
Representation of Lenders. Each Lender hereby represents that it is a commercial lender, financial institution or entity that would qualify as an Eligible Assignee which makes loans in the ordinary course of its business and that it will make any Loan for its own account in the ordinary course of such business and that, subject to subsection 10.2, the disposition of evidence of Indebtedness held by that Lender shall at all times be within its exclusive control.
Representation of Lenders. Each Lender represents that it is a “qualified purchaser” within the meaning of Section 2(a)(51) of the 1940 Act.
