Representations and Warranties; Defaults. The Credit Parties affirm the following:
(a) all necessary action to authorize the execution, delivery and performance of this Amendment has been taken; and
(b) as of the date hereof, (i) the representations and warranties set forth in Article VI of the Bank Credit Agreement are true and correct in all material respects as of the date hereof (except those which expressly relate to an earlier period) and (ii) no Default or Event of Default exists.
Representations and Warranties; Defaults. As of the Closing Date, (i) the accuracy of each of the representations and warranties made by each Loan Party in this Agreement in all material respects on and as of such date, provided that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof and (ii) the absence of any Default or Event of Default.
Representations and Warranties; Defaults. The Borrower affirms the following:
(a) all necessary action to authorize the execution, delivery and performance of this Amendment has been taken;
(b) after giving effect to this Amendment, the representations and warranties set forth in the Credit Agreement and the other Credit Documents are true and correct in all material respects as of the date hereof (except those which expressly relate to an earlier period); and
(c) after giving effect to this Amendment, no Default or Event of Default shall exist.
Representations and Warranties; Defaults. The Credit Parties hereby affirm each of the following:
(a) all necessary action to authorize the execution, delivery and performance of this Amendment has been taken;
(b) after giving effect to this Amendment, the representations and warranties set forth in the Credit Agreement and the other Credit Documents are true and correct in all material respects as of the date hereof (except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 6, the representations and warranties contained in subsections (a) and (b) of Section 6.05 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 7.01 of the Credit Agreement).
(c) except as waived in Section 2.10 of this Amendment, before and after giving effect to this Amendment, no Default or Event of Default shall exist; and
(d) except as expressly provided otherwise herein, the liens and security interests created and granted in the Credit Documents remain in full force and effect and this Amendment is not intended to adversely affect or impair such liens and security interests in any manner.
Representations and Warranties; Defaults. The representations and ---------------------------------------- warranties of Borrower contained in this Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the Subsequent Advance Closing Date with respect to Borrower, the Properties and each Additional Property to be encumbered with a Mortgage in connection with such Subsequent Advance with the same effect as if made on and as of such date, no Default or Event of Default shall have occurred and be continuing and Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each Loan Document on Borrower's part to be observed or performed. Lender shall have received a certificate from Borrower confirming the foregoing and any other representations and warranties with respect to Borrower, the Properties, any Additional Property to be encumbered with a Mortgage in connection with such Subsequent Advance or the Loan as Lender may reasonably require, unless such certificate would be inaccurate, such certificate to be in form and substance reasonably satisfactory to Lender.
Representations and Warranties; Defaults. Borrower confirms that immediately prior and upon giving effect to this Amendment (i) the representations and warranties contained in the Loan Documents are true, accurate and complete in all material respects as of the date hereof (except to the extent such representations and warranties relate to an earlier date, in which case they are true and correct as of such xxxx), and (ii) no Event of Default has occurred and is continuing with respect to which Borrower has not been notified in writing by Lenders.
Representations and Warranties; Defaults. Each of the Borrowers and the Guarantors affirms the following:
(a) all necessary action to authorize the execution, delivery and performance of this Agreement has been taken;
(b) after giving effect to this Agreement, the representations and warranties set forth in the Credit Agreement and the other Credit Documents are true and correct in all material respects as of the date hereof (except those which expressly relate to an earlier period);
(c) before and after giving effect to this Agreement, no Default or Event of Default shall exist; and
(d) the liens and security interests created and granted in the Credit Documents remain in full force and effect, and this Agreement is not intended to adversely affect or impair such liens and security interests in any manner.
Representations and Warranties; Defaults. Each of the Borrowers and the Guarantors affirms the following:
(a) all necessary action to authorize the execution, delivery and performance of this Agreement has been taken;
(b) after giving effect to this Agreement, the representations and warranties set forth in the Credit Agreement and the other Loan Documents are true and correct in all respects as of the date hereof (except those which expressly relate to an earlier period); and
(c) before and after giving effect to this Agreement, no Default or Event of Default shall exist.
Representations and Warranties; Defaults. The representations and warranties of Borrower contained in this Agreement and the other Loan Documents shall be true and correct in all material respects on and as of the related Subsequent Advance Closing Date with respect to Borrower and the Properties with the same effect as if made on and as of such date, no Default or Event of Default shall have occurred and be continuing and Borrower shall be in compliance in all material respects with all terms and conditions set forth in this Agreement and in each Loan Document on Borrower's part to be observed or performed. Lender shall have received an Officer's Certificate confirming the foregoing and the representations and warranties set forth herein with respect to Borrower and the Loan Document in connection with such Subsequent Advance, such certificate to be in form and substance satisfactory to Lender.
Representations and Warranties; Defaults. Both before and after giving effect to the funding of the Second Lien Term Loan, (i) the representations and warranties of the Credit Parties contained herein or in any other Loan Document shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) except to the extent that such representation or warranty expressly relates to an earlier date (in which event such representations and warranties shall be true and correct as of such earlier date) and (ii) no Default or Event of Default shall have occurred and be continuing.
