Representations and Warranties; Default. As of the Effective Date, except for those representations or warranties specifically made as of another date or relating to the Existing Default, the representations and warranties of the Credit Parties contained in the Credit Agreement are true and correct. As of the Effective Date, except for the Existing Default, no Default or Event of Default has occurred and is continuing.
Representations and Warranties; Default. The representations and warranties contained in Article II shall be true on the date of the making of each Advance hereunder with the same effect as though such representations and warranties had been made on such date; no Event of Default and no event which, with the lapse of time or the notice and lapse of time would become such an Event of Default, shall have occurred and be continuing or will have occurred after giving effect to each Advance on the books of the Borrower; there shall have occurred no material adverse change in the business or condition, financial or otherwise, of the Borrower; and nothing shall have occurred which in the opinion of CFC materially and adversely affects the Borrower's ability to perform its obligations hereunder.
Representations and Warranties; Default. All of the respective representations and warranties of the Borrower and Guarantors outlined in the Loan Agreement, with regard to the Borrower, and the Guaranty Agreements, with regard to the Guarantors, are true and correct as of the date hereof. No Event of Default has occurred under the Loan Documents (as such term is defined in the Loan Agreement).
Representations and Warranties; Default. After giving effect to the amendments and consents contained herein, (a) the Borrower hereby confirms, reaffirms and restates that each of the representations and warranties set forth in Article VII of the Credit Agreement are true and correct in all material respects (except for (1) those representations and warranties or parts thereof that, by their terms expressly relate solely to a specific date, in which case such representations and warranties are true and correct in all material respects as of such specific date; and (2) the representation and warranty set forth in clause (i) of Section 7.01(j)) on and as of the date hereof as though made on and as of the date hereof, provided that each reference in such Article VII to "this Agreement" shall be deemed to be a reference both to this Consent and to the Credit Agreement as previously amended and as amended and affected by this Consent, (b) the Borrower hereby confirms and reaffirms its compliance with the covenants in Article VIII of the Credit Agreement as affected by this Consent and (c) no Default or Event of Default has occurred or is continuing.
Representations and Warranties; Default. As of the Effective Date, except for those representations or warranties specifically made as of another date, the representations and warranties of any of the Credit Parties contained in the LIFO Lender Documents are true and correct. As of the Effective Date, except for the Subject Noncompliance Events, no Termination Event exists and no default or event of default has occurred and is continuing.
Representations and Warranties; Default. Section 7.01 Representations and Warranties. 16 Section 7.02 Events of Default. 18 ARTICLE VIII TERMINATION; TRANSFER OF REO PROPERTIES Section 8.01 Termination of Agreement. 20 Section 8.02 Servicer’s Obligations After Termination 21 Section 8.03 Transfer of REO Properties. 21 ARTICLE IX
Representations and Warranties; Default. Both before and after giving effect to the Loans made on the Closing Date, (i) the representations and warranties set forth in any Loan Document shall be true and correct on and as of the Closing Date or, to the extent such representations and warranties expressly relate to an earlier date, on and as of such earlier date, and (ii) no Default or Event of Default shall be continuing.
Representations and Warranties; Default. Section 7.01 Representations and Warranties. Section 7.02 Events of Default.
Representations and Warranties; Default. Section 7.01 Representations and Warranties. 17 Section 7.02 Events of Default. 19 ARTICLE VIII TERMINATION; TRANSFER OF LOAN ASSETS Section 8.01 Termination of Agreement. 21 Section 8.02 Transfer of Loan Assets. 22 ARTICLE IX
Representations and Warranties; Default. Section 7.01 Representations and Warranties. 17 Section 7.02 Events of Default. 19 ARTICLE VIII TERMINATION; TRANSFER OF LOAN ASSETS Section 8.01 Termination of Agreement. 21 Section 8.02 Transfer of Loan Assets. 22 ARTICLE IX MISCELLANEOUS PROVISIONS Section 9.01 Amendment; Waiver; Assignment. 22 Section 9.02 Governing Law and Jurisdiction. 22 Section 9.03 Notices. 24 Section 9.04 Severability of Provisions. 25 Section 9.05 Inspection and Audit Rights. 25 Section 9.06 Binding Effect; No Partnership; Counterparts. 25 Section 9.07 Protection of Confidential Information. 25 Section 9.08 General Interpretive Principles. 26 Section 9.09 Further Agreements. 26 Schedules and Exhibits Schedule A: Loan Asset Schedule Exhibit A: Servicer Data Maintenance and Reporting Obligations Exhibit B: Material Loan Servicing Matters (Requiring Owner consent) Exhibit C: Non-Material Loan Servicing Matters (Not requiring Owner consent) THIS SERVICING AGREEMENT dated as of August 2, 2013, is entered into between Sun Life Assurance Company of Canada (U.S.), a Delaware life insurance company (“SLUS” and the “Owner”) and Sun Capital Advisers LLC, a Delaware limited liability company (“Servicer”).
