Common use of Representations and Warranties; No Default Clause in Contracts

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 5 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Second Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 5 shall be true and correct on and as of the Second Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Existing Credit Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the First Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the First Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On As of the Amendment Effective Datedate of this Amendment, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 of this Amendment shall be true and correct on and as of the date of this Amendment Effective Date as though made on and as of such date; and (ii) There exist no Default or Events of Default or events that with the passage of time would result in an Event of Default.; and

Representations and Warranties; No Default. On As of the Amendment Effective Datedate of this Amendment, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 of this Amendment shall be true and correct on and as of the date of this Amendment Effective Date as though made on and as of such date; and (ii) There exist no Default or Events of Default or events that with the passage of time would result in an Event of Default.; and

Representations and Warranties; No Default. On the Fourth Amendment Effective Date, after giving effect to the waivers under and amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 of this Fourth Amendment shall be true and correct on and as of the Fourth Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Third Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the Third Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Second Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the Second Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Second Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Second Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist exists no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 3 Effective Date, immediately after giving effect to the amendment of the Existing Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 3 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 5 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.. US-DOCS\111344766.8

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.. (iii)

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; andand DMS 17711499.9 (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 6 Effective Date, immediately after giving effect to the amendment of the Existing Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 6 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 1 Effective Date, immediately after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 1 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that solely with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On As of the Amendment Effective Datedate of this Amendment, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby::  (i) The representations and warranties contained in Section 4 of this Amendment shall be true and correct on and as of the date of this Amendment Effective Date as though made on and as of such date; andand  (ii) There exist exists no Events of Default or events that with the passage of time would result in an Event of Default.; and 

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 7 Effective Date, immediately after giving effect to the amendment of the Existing Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 7 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of DefaultDefault other than as disclosed by Xxxxxxxx in writing.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.. ​

Representations and Warranties; No Default. On the Fifth Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the Fifth Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 5 Effective Date, immediately after giving effect to the amendment of the Existing Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 5 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 4 Effective Date, immediately after giving effect to the amendment of the Existing Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 4 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On As of the Amendment Effective Datedate of this Amendment, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby::  (i) The representations and warranties contained in Section 4 of this Amendment shall be true and correct on and as of the date of this Amendment Effective Date as though made on and as of such date; and (ii) There exist no Default or Events of Default or events that with the passage of time would result in an Event of Default.; and 

Representations and Warranties; No Default. On the Fourth Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement and Fee Letter contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Fourth Amendment Effective Date as though made on and as of such date; and (ii) There exist no Defaults or Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment No. 2 Effective Date, immediately after giving effect to the amendment of the Existing Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment No. 2 Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 5 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist exists no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the First Amendment Effective Date, after giving effect to the amendment amendments of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the First Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 of this Amendment shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Default or Events of Default or events that with the passage of time would result in an Event of Default.; and

Representations and Warranties; No Default. On the First Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the First Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: : (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.. SECTION 4Representations

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan Securities Purchase Agreement and Security Agreement the Debenture of each Holder contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Fourth Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 shall be true and correct in all material respects on and as of the Fourth Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement and the limited waiver contemplated hereby: (i) The representations and warranties contained in Section 4 6 herein shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There shall exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 5 shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.Defau

Representations and Warranties; No Default. On the Fourth Amendment Effective Date, and after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 of this Amendment shall be true and correct on and as of the Fourth Amendment Effective Date as though made on and as of each such date; and (ii) There exist no Events of Default or events that with the passage of time would result in an Event of Default.

Representations and Warranties; No Default. On the Amendment Effective Date, after giving effect to the amendment of the Loan and Security Agreement contemplated hereby: (i) The representations and warranties contained in Section 4 herein shall be true and correct on and as of the Amendment Effective Date as though made on and as of such date; and (ii) There shall exist no Events of Default or events that with the passage of time would result in an Event of Default.