Representations and Warranties of Borrower and Guarantor. In order to induce Bank to enter into this Modification, Borrowers and Guarantors hereby represent and warrant to Bank that:
Representations and Warranties of Borrower and Guarantor. Borrower and Guarantor hereby represent and warrant to Purchaser and Seller as follows:
Representations and Warranties of Borrower and Guarantor. To induce FINOVA to --------------------------------------------------------- execute and deliver this Agreement, each of Borrower and Guarantor represent and warrant that:
Representations and Warranties of Borrower and Guarantor. Each Borrower and each Guarantor each hereby represents and warrants to Agent and Lender that (i) no consents are necessary from any third parties in connection with its execution, delivery or performance of the Amendment Documents to which it is a party, (ii) the Amendment Documents to which it is a party constitute the legal, valid and binding obligations of it, enforceable against it in accordance with their terms, except to the extent that the enforceability thereof against it may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or similar laws affecting the enforceability of creditors' rights generally or by equitable principles of general application (whether considered in an action at law or in equity), (iii) except as disclosed on the disclosure schedule attached to the Loan Agreement as Exhibit 11 and the disclosure schedule attached to this Amendment as Exhibit 4, all of the representations and warranties contained in Section 11, as amended by this Amendment, are true and correct in all material respects with the same force and effect as if made on and as of the date of this Amendment, except that with respect to the representations and warranties made regarding financial data in Section 11.11, such representations and warranties are hereby made with respect to the most recent Financial Statements and other financial data (in the form required by the Loan Agreement) delivered by Borrower as required by the Loan Agreement, and (iv) there exists no Default or Event of Default under the Loan Agreement, as amended by this Amendment.
Representations and Warranties of Borrower and Guarantor. Borrower and Guarantor represent and warrant that, except as disclosed in the Guarantor’s filings with the SEC, the following are true as of the date of this Agreement:
Representations and Warranties of Borrower and Guarantor. For the purposes of this Article VI, the term FC Entity shall not mean or include any FC Diversified Subsidiary; provided that Borrower will provide notice to Bank of any event, occurrence, action, breach, or failure to act by any such FC Diversified Subsidiary (or any REO Affiliate of such entity) that would otherwise constitute a breach of this Article VI (assuming such FC Diversified Subsidiary (or REO Affiliate of such entity) was an FC Entity) and Bank may elect to require a Reserve with respect to any such event, occurrence or action by any such FC Diversified Subsidiary (or any REO Affiliate of such entity) if such event, occurrence, action, breach or failure to act would, in the opinion of Bank, adversely affect the Net Cash Flow from Pledged Equity Interests to be received from such FC Diversified Subsidiary.
Representations and Warranties of Borrower and Guarantor. Each of Guarantor and Borrower hereby represents and warrants, as of the date of this Agreement, on each Borrowing Date, on each Remittance Date and on the first day of each Fixed Period, as follows:
Representations and Warranties of Borrower and Guarantor. The Borrower and the Guarantor hereby represent and warrant as follows:
Representations and Warranties of Borrower and Guarantor. To induce Administrative Agent, Collateral Agent and Lenders to execute and deliver this Agreement, each of Borrower and Guarantor represents and warrants that:
Representations and Warranties of Borrower and Guarantor. Borrower and Guarantor represent and warrant, as of the date this Agreement is executed, that:
