Common use of Representations and Warranties Generally Clause in Contracts

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document will be true and correct on the date of this Agreement and as otherwise provided herein with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document will be true and correct (a) on the date of this Agreement Agreement, (b) as of the date of the Disbursement, and (c) as otherwise specifically provided herein with the same force and effect as if made on each such dateherein. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender Lenders by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by each Lender notwithstanding a Lender’s review of any documents or materials delivered by Borrower to a Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender Lenders or on its their behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereundereach Lender) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations to a Lender hereunder or under any of the other Loan DocumentsSubordinated Notes.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement Agreement, (b) as of the date of the Disbursement, and (c) as otherwise specifically provided herein with the same force and effect as if made on each such dateherein. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its their behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Facility and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Facility and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct in all material respects (where not already qualified by materiality, otherwise in all respects subject to the expressly provided materiality qualification(s)) (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date (except for a representation and warranty that by its terms is made only as of an earlier date, which representation and warranty shall remain true and correct in all material respects (where not already qualified by materiality, otherwise in all respects subject to the expressly provided materiality qualification(s)) as of such earlier date). All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Loan and continue in full force and effect with respect to the date as of which they were made as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document will be true and correct on the date of this Agreement and at the dates of all disbursements of the Loan and each request for funding submitted by Borrower hereunder shall constitute an affirmation by Borrower that such representations and warranties are true and correct as otherwise provided herein of the date of such request for funding with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under of the Loans Loan and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement Agreement, (b) as otherwise expressly provided herein, and (c) as otherwise provided herein in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date (except for a representation and warranty that by its terms is made only as of an earlier date, which representation and warranty shall remain true and correct as of such earlier date). All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Loan and continue in full force and effect as long as there remains unperformed unpaid any obligations to Lender hereunder or under any of the other Loan DocumentsBorrower Liabilities.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date except to the extent such representations and warranties relate to an earlier date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Loan and continue in full force and effect as long as there remains unperformed any obligations of Borrower to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document are true and correct as of the date hereof and will be true and correct on as of the date of this Agreement the Disbursement and as otherwise specifically provided herein with the same force and effect as if made on each such dateherein. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender Lenders by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by each Lender notwithstanding a Lender’s review of any documents or materials delivered by Borrower to a Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender Lenders or on its their behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereundereach Lender) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations to a Lender hereunder or under any of the other Loan DocumentsSubordinated Notes.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document will be are true and correct on the date of this Agreement and as otherwise provided herein with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender the Bank by or on behalf of the Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender the Bank notwithstanding Lender’s the review by the Bank of any documents or materials delivered by the Borrower to Lender the Bank pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender the Bank or on its behalf (and the Borrower hereby acknowledges such reliance by Lender Bank in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations to Lender the Bank hereunder or under any of the other Loan Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Loan and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any the other Loan Transaction Document will be true and correct (a) on the date of this Agreement Agreement, (b) as of the date of the Disbursement, and (c) as otherwise specifically provided herein with the same force and effect as if made on each such dateherein. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower or Bank pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower or Bank to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its their behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Facility and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Facility and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance 27 certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date except to the extent such representations and warranties relate to an earlier date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations of Borrower to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as of the date of the Disbursement, (c) as otherwise provided herein herein, and (d) as of the date of the quarterly compliance certificate delivered pursuant to Section 6.4 with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Facility and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Facility and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Facility and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Facility and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document will be true and correct in all material respects on the date of this Agreement and as otherwise provided herein with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Documents.

Representations and Warranties Generally. The Except as otherwise provided in the compliance certificate delivered pursuant to Section 6.4, the representations and warranties set forth in this Agreement or in any other Loan Debt Document will be true and correct on the date of this Agreement and as otherwise provided herein with the same force and effect as if made on each such dateAgreement. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Debt and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Debt and continue in full force and effect effect, but only as of the date made, as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Debt Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Document will be true and correct on the date of this Agreement and as otherwise provided herein with the same force and effect as if made on each such date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date except to the extent such representations and warranties relate to an earlier date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Loan and continue in full force and effect as long as there remains unperformed any obligations of Borrower to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date except to the extent such representations and warranties relate to an earlier date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations of Borrower to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date except to the extent such representations and warranties relate to an earlier date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Loan and all disbursements Disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Disbursements and continue in full force and effect as long as there remains unperformed any obligations of Borrower to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and (b) as otherwise provided herein of the date of the Initial Disbursement with the same force and effect as if made on each such date. In addition, certain of the representations and warranties as reflected in the compliance certificate contemplated in Section 6.4 shall continue to be true and correct as of the date of each such compliance certificate. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s 's review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans Facility and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans Facility and continue in full force and effect as long as there remains unperformed any obligations to Lender hereunder or under any of the other Loan Transaction Documents.

Representations and Warranties Generally. The representations and warranties set forth in this Agreement or in any other Loan Transaction Document will be true and correct (a) on the date of this Agreement and Agreement, (b) as otherwise provided herein herein, and (c) as otherwise provided in the quarterly compliance certificates delivered pursuant to Section 6.3 with the same force and effect as if made on each such date except to the extent such representations and warranties relate to an earlier date. All representations, warranties, covenants and agreements made in this Agreement or in any certificate or other document delivered to Lender by or on behalf of Borrower pursuant to or in connection with this Agreement shall be deemed to have been relied upon by Lender notwithstanding Lender’s review of any documents or materials delivered by Borrower to Lender pursuant to the terms hereof and notwithstanding any investigation heretofore or hereafter made by Lender or on its behalf (and Borrower hereby acknowledges such reliance by Lender in making the Loans and all disbursements thereunder) and, furthermore, shall survive the making of any or all of the disbursements of proceeds under the Loans and continue in full force and effect as long as there remains unperformed any obligations of Borrower to Lender hereunder or under any of the other Loan Transaction Documents.