Common use of REPRESENTATIONS AND WARRANTIES OF BORROWER CONCERNING COLLATERAL Clause in Contracts

REPRESENTATIONS AND WARRANTIES OF BORROWER CONCERNING COLLATERAL. Xxxxxxxx represents and warrants to the Bank, as of the date hereof and as of the date of each Advance hereunder, the following: (a) Borrower owns and has good and marketable title to the Collateral free and clear of any and all liens, claims, or encumbrances and has the right and authority to grant a security interest in the Collateral and to subject all of the Collateral to this Agreement. (b) The information contained in any status report, schedule, or other documents required hereunder and any other information given from time to time by Borrower as to each item of Collateral is true, accurate, and complete in all material respects. (c) All of the Collateral meets the standards and requirements with respect thereto from time to time established by the Bank, the Act, and the Regulations. (d) To the best of Xxxxxxxx's knowledge and belief, no part of any real property or interest in real property that is the subject of mortgages included in the Collateral contains or is subject to the effects of toxic or hazardous materials or other hazardous substances (including those defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sec. 1801, et. seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sec. 6901, et. seq.; and in the regulations adopted and publications promulgated pursuant to said laws, as such laws, regulations, and publications may be amended, reformed, or otherwise modified from time to time) the presence of which could subject the Bank or its successors and assigns to any liability under applicable state or Federal law or local ordinance either at any time that such property is pledged to the Bank or upon the enforcement by the Bank of its security interest therein. Xxxxxxxx hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from the presence or effects of any such toxic or hazardous substances or materials in, on, under, or emanating from any real property or interest in real property that is subject to or included in the Collateral or any other property in which the Borrower has granted a security interest in favor of the Bank. (e) The exact legal name of Xxxxxxxx, the type and jurisdiction of organization of Borrower, and the location of Xxxxxxxx’s chief executive office, each as stated in the first paragraph of this Agreement is true, accurate, and complete. Except with thirty days’ prior written notice to the Bank, Borrower will not change its name, its type and jurisdiction of organization, or the location of its chief executive office. (f) Borrower is in compliance with all laws, rules, regulations, and ordinances applicable to or binding upon Borrower or the Collateral, including, without limitation, the Truth in Lending Act and the Home Ownership and Equity Protection Act (and Regulation Z promulgated thereunder), Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Credit Transactions Act, Xxxxx-Xxxxx-Xxxxxx Financial Privacy Act, anti-discrimination and fair lending laws, and all other federal and state laws, regulations, orders, directives, or similar requirements intended for the protection of consumers in connection with the extension of consumer credit, except to the extent that the failure to comply therewith would not be reasonably expected to (i) subject the Bank or its successors and assigns to any liability under applicable state or federal law or local ordinance at any time that Borrower grants a security interest in such property in favor of the Bank, upon the enforcement by the Bank of its security interest therein, or at any other time or (ii) have a material adverse effect on (A) the condition (financial or otherwise), operations, business, assets, or liabilities of Borrower, (B) the ability of Borrower to perform any material obligation under this Agreement, or (C) the material rights and remedies of the Bank under this Agreement. Xxxxxxxx hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from Borrower’s failure to comply with any laws, rules, regulations, or ordinances applicable to or binding upon Borrower or the Collateral.

REPRESENTATIONS AND WARRANTIES OF BORROWER CONCERNING COLLATERAL. Xxxxxxxx Borrower represents and warrants to the Bank, as of the date hereof and as of the date of each Advance hereunder, the following: (a) Borrower owns and has good and marketable title to the Collateral free and clear of any and all liens, claims, or encumbrances and has the right and authority to grant a security interest in the Collateral and to subject all of the Collateral to this Agreement. (b) The information contained in any status report, schedule, or other documents required hereunder and any other information given from time to time by Borrower as to each item of Collateral is true, accurate, and complete in all material respects. (c) All of the Collateral meets the standards and requirements with respect thereto from time to time established by the Bank, the Act, and the Regulations. (d) To the best of Xxxxxxxx's Borrower’s knowledge and belief, no part of any real property or interest in real property that is the subject of mortgages included in the Collateral contains or is subject to the effects of toxic or hazardous materials or other hazardous substances (including those defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sec. 1801, et. seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sec. 6901, et. seq.; and in the regulations adopted and publications promulgated pursuant to said laws, as such laws, regulations, and publications may be amended, reformed, or otherwise modified from time to time) the presence of which could subject the Bank or its successors and assigns to any liability under applicable state or Federal law or local ordinance either at any time that such property is pledged to the Bank or upon the enforcement by the Bank of its security interest therein. Xxxxxxxx Borrower hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from the presence or effects of any such toxic or hazardous substances or materials in, on, under, or emanating from any real property or interest in real property that is subject to or included in the Collateral or any other property in which the Borrower has granted a security interest in favor of the Bank. (e) The exact legal name of XxxxxxxxBorrower, the type and jurisdiction of organization of Borrower, and the location of XxxxxxxxBorrower’s chief executive office, each as stated in the first paragraph of this Agreement is true, accurate, and complete. Except with thirty days’ prior written notice to the Bank, Borrower will not change its name, its type and jurisdiction of organization, or the location of its chief executive office. (f) Borrower is in compliance with all laws, rules, regulations, and ordinances applicable to or binding upon Borrower or the Collateral, including, without limitation, the Truth in Lending Act and the Home Ownership and Equity Protection Act (and Regulation Z promulgated thereunder), Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Credit Transactions Act, Xxxxx-Xxxxx-Xxxxxx Financial Privacy Act, anti-discrimination and fair lending laws, and all other federal and state laws, regulations, orders, directives, or similar requirements intended for the protection of consumers in connection with the extension of consumer credit, except to the extent that the failure to comply therewith would not be reasonably expected to (i) subject the Bank or its successors and assigns to any liability under applicable state or federal law or local ordinance at any time that Borrower grants a security interest in such property in favor of the Bank, upon the enforcement by the Bank of its security interest therein, or at any other time or (ii) have a material adverse effect on (A) the condition (financial or otherwise), operations, business, assets, or liabilities of Borrower, (B) the ability of Borrower to perform any material obligation under this Agreement, or (C) the material rights and remedies of the Bank under this Agreement. Xxxxxxxx Borrower hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from Borrower’s failure to comply with any laws, rules, regulations, or ordinances applicable to or binding upon Borrower or the Collateral.

REPRESENTATIONS AND WARRANTIES OF BORROWER CONCERNING COLLATERAL. Xxxxxxxx Borrower represents and warrants to the Bank, as of the date hereof and as of the date of each Advance hereunder, the following: (a) Borrower owns and has good and marketable title to the Collateral free and clear of any and all liens, claims, or encumbrances and has the right and authority to grant a security interest in the Collateral and to subject all of the Collateral to this Agreement. (b) The information contained in any status report, schedule, or other documents required hereunder and any other information given from time to time by Borrower as to each item of Collateral is true, accurate, and complete in all material respects. (c) All of the Collateral meets the standards and requirements with respect thereto from time to time established by the Bank, the Act, and the Regulations. (d) To the best of XxxxxxxxBorrower's knowledge and belief, no part of any real property or interest in real property that is the subject of mortgages included in the Collateral contains or is subject to the effects of toxic or hazardous materials or other hazardous substances (including those defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sec. 1801, et. seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sec. 6901, et. seq.; and in the regulations adopted and publications promulgated pursuant to said laws, as such laws, regulations, and publications may be amended, reformed, or otherwise modified from time to time) the presence of which could subject the Bank or its successors and assigns to any liability under applicable state or Federal law or local ordinance either at any time that such property is pledged to the Bank or upon the enforcement by the Bank of its security interest therein. Xxxxxxxx Borrower hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from the presence or effects of any such toxic or hazardous substances or materials in, on, under, or emanating from any real property or interest in real property that is subject to or included in the Collateral or any other property in which the Borrower has granted a security interest in favor of the Bank. (e) The exact legal name of XxxxxxxxBorrower, the type and jurisdiction of organization of Borrower, and the location of XxxxxxxxBorrower’s chief executive office, each as stated in the first paragraph of this Agreement is true, accurate, and complete. Except with thirty days’ prior written notice to the Bank, Borrower will not change its name, its type and jurisdiction of organization, or the location of its chief executive office. (f) Borrower is in compliance with all laws, rules, regulations, and ordinances applicable to or binding upon Borrower or the Collateral, including, without limitation, the Truth in Lending Act and the Home Ownership and Equity Protection Act (and Regulation Z promulgated thereunder), Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Credit Transactions Act, Xxxxx-Xxxxx-Xxxxxx Financial Privacy Act, anti-discrimination and fair lending laws, and all other federal and state laws, regulations, orders, directives, or similar requirements intended for the protection of consumers in connection with the extension of consumer credit, except to the extent that the failure to comply therewith would not be reasonably expected to (i) subject the Bank or its successors and assigns to any liability under applicable state or federal law or local ordinance at any time that Borrower grants a security interest in such property in favor of the Bank, upon the enforcement by the Bank of its security interest therein, or at any other time or (ii) have a material adverse effect on (A) the condition (financial or otherwise), operations, business, assets, or liabilities of Borrower, (B) the ability of Borrower to perform any material obligation under this Agreement, or (C) the material rights and remedies of the Bank under this Agreement. Xxxxxxxx Borrower hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from Borrower’s failure to comply with any laws, rules, regulations, or ordinances applicable to or binding upon Borrower or the Collateral.

REPRESENTATIONS AND WARRANTIES OF BORROWER CONCERNING COLLATERAL. Xxxxxxxx Borrower represents and warrants to the Bank, as of the date hereof and as of the date of each Advance hereunder, the following: (a) Borrower owns and has good and marketable title to the Collateral free and clear of any and all liens, claims, or encumbrances and has the right and authority to grant a security interest in the Collateral and to subject all of the Collateral to this Agreement. (b) The information contained in any status report, schedule, or other documents required hereunder and any other information given from time to time by Borrower as to each item of Collateral is true, accurate, and complete in all material respects. (c) All of the Collateral meets the standards and requirements with respect thereto from time to time established by the Bank, the Act, and the Regulations. (d) To the best of Xxxxxxxx's Borrower’s knowledge and belief, no part of any real property or interest in real property that is the subject of mortgages included in the Collateral contains or is subject to the effects of toxic or hazardous materials or other hazardous substances (including those defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, 42 U.S.C. sec. 9601, et. seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sec. 1801, et. seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sec. 6901690 1, et. seq.; and in the regulations adopted and publications promulgated pursuant to said laws, as such laws, regulations, and publications may be amended, reformed, or otherwise modified from time to time) the presence of which could subject the Bank or its successors and assigns to any liability under applicable state or Federal law or local ordinance either at any time that such property is pledged to the Bank or upon the enforcement by the Bank of its security interest therein. Xxxxxxxx Borrower hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from the presence or effects of any such toxic or hazardous substances or materials in, on, under, or emanating from any real property or interest in real property that is subject to or included in the Collateral or any other property in which the Borrower has granted a security interest in favor of the Bank. (e) The exact legal name of XxxxxxxxBorrower, the type and jurisdiction of organization of Borrower, and the location of XxxxxxxxBorrower’s chief executive office, each as stated in the first paragraph of this Agreement is true, accurate, and complete. Except with thirty days’ prior written notice to the Bank, Borrower will not change its name, its type and jurisdiction of organization, or the location of its chief executive office. (f) Borrower is in compliance with all laws, rules, regulations, and ordinances applicable to or binding upon Borrower or the Collateral, including, without limitation, the Truth in Lending Act and the Home Ownership and Equity Protection Act (and Regulation Z promulgated thereunder), Equal Credit Opportunity Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Fair and Accurate Credit Transactions Act, XxxxxGxxxx-Xxxxx-Xxxxxx Financial Privacy Act, anti-discrimination and fair lending laws, and all other federal and state laws, regulations, orders, directives, or similar requirements intended for the protection of consumers in connection with the extension of consumer credit, except to the extent that the failure to comply therewith would not be reasonably expected to (i) subject the Bank or its successors and assigns to any liability under applicable state or federal law or local ordinance at any time that Borrower grants a security interest in such property in favor of the Bank, upon the enforcement by the Bank of its security interest therein, or at any other time or (ii) have a material adverse effect on (A) the condition (financial or otherwise), operations, business, assets, or liabilities of Borrower, (B) the ability of Borrower to perform any material obligation under this Agreement, or (C) the material rights and remedies of the Bank under this Agreement. Xxxxxxxx Borrower hereby agrees to indemnify and hold the Bank harmless against all costs, claims, expenses, damages, and liabilities resulting in any way from Borrower’s failure to comply with any laws, rules, regulations, or ordinances applicable to or binding upon Borrower or the Collateral.