Representations and Warranties of Borrower and Guarantors. To induce the Administrative Agent and the Lenders to enter into this Amendment, the Borrower and the Guarantors hereby represent and warrant to the Administrative Agent and the Lenders that, as of the date hereof, (a) after giving effect to this Amendment, the representations and warranties set forth in Section 5 of the Credit Agreement and in the other Loan Documents, including this Amendment, are and shall remain true and correct (or, in the case of any representation or warranty not qualified as to materiality, true and correct in all material respects), except to the extent the same expressly relate to an earlier date (and in such case shall be true and correct (or, in the case of any representation or warranty not qualified as to materiality, true and correct in all material respects) as of such earlier date), (b) no Default or Event of Default exists or shall result after giving effect to this Amendment, and (c) the Borrower and each Guarantor has the power and authority to execute, deliver, and perform this Amendment and have taken all necessary action to authorize their execution, delivery, and performance of this Amendment.
Representations and Warranties of Borrower and Guarantors. Each Credit Party represents and warrants to Lender as of the date of this Agreement as follows: (a) Each entity of Borrower is duly organized, validly existing and in good standing under the laws of its state of formation with all power and authority necessary to own, lease and operate Borrower’s properties and carry on its business as now conducted and to execute, deliver and perform this Agreement; (b) all necessary action has been taken on its part to authorize the execution, delivery and performance of this Agreement and this Agreement has been duly executed and delivered by each Credit Party; (c) there are no suits, actions, proceedings or investigations pending or, to the best of each Credit Party’s knowledge, threatened against or involving it before any court, arbitrator or administrative or governmental body which might reasonably result in a material adverse change in its contemplated business, condition, worth or operations; (d) the authorization, execution, delivery and performance of this Agreement will not result in any breach or default under any other document, instrument or agreement to which any Credit Party is a party or by which it is subject or bound; (e) the authorization, execution, delivery and performance of this Agreement will not violate any applicable law, statute, regulation, rule, ordinance, code or order; (f) this Agreement and each of the Loan Documents constitutes the legal, valid and binding obligation of each Credit Party, enforceable against each Credit Party in accordance with its terms; (g) each lien and security interest on the Collateral continues to be duly and properly perfected and constitutes a first priority lien; (h) no consent, license, permit, approval or authorization of any person, entity or governmental authority is required in connection with its execution, delivery and performance of this Agreement; (i) the representations and warranties made by each Credit Party in each of the Credit Documents to which it is a party are true and correct as of the date of the execution and delivery of this Agreement by such Credit Party. All representations and warranties of each of Borrower and Guarantors made in this Agreement shall survive the execution and delivery of this Agreement.
Representations and Warranties of Borrower and Guarantors. Each of the Borrower and the Guarantors, as applicable, represents and warrants as follows:
Representations and Warranties of Borrower and Guarantors. Each of the Borrower and the Guarantors represents and warrants that: (a) it has the requisite corporate power and authority to execute, deliver and perform this Third Modification and any related documents; (b) it is duly authorized to, and has been authorized by all necessary corporate action, to execute, deliver and perform this Third Modification and any related documents; (c) the representations and warranties contained in the Loan Documents are, subject to the limitations set forth therein, true and correct in all material respects on and as of the date hereof as though made on and as of such date (except for those which expressly relate to an earlier date); (d) this Third Modification does not violate any law, rule, regulation, contract or agreement otherwise enforceable by or against it; and (e) other than the Acknowledged Events of Default, no default or Event of Default exists under the Loan Documents on and as of the date hereof.
Representations and Warranties of Borrower and Guarantors. 1. Borrower represents and warrants to Lenders and Agent that as of the Execution Date and as of the time of disbursement of an Individual Loan (or, with respect to Item 6 below, as of the time of receipt by Lenders of the Reports and the Timely Disclosure Materials (or, after the delisting, the Financial Statements)), the following matters are true and correct:
Representations and Warranties of Borrower and Guarantors. In order to induce Lender to enter into this Agreement and to make the Loan for which provision is made herein, the Borrower and each of the Guarantors represents and warrants to Lender that:
Representations and Warranties of Borrower and Guarantors. To induce the Bank to enter into this Agreement and to make the Loan, the Borrower and the Guarantors warrant and represent to the Bank that:
Representations and Warranties of Borrower and Guarantors. Borrower and Guarantors hereby represent and warrant to the Administrative Agent and the Lenders as follows:
Representations and Warranties of Borrower and Guarantors. Borrower and Guarantors hereby represent and warrant as follows (each request by Borrower for an advance constituting an affirmation on the part of Borrower that the representations and warranties contained herein are true and correct as of the time of such request):
