Representations and Warranties of each Borrower. Each Borrower represents and warrants as follows:
Representations and Warranties of each Borrower. In order to induce the Agents and Lenders to enter into this Agreement and to make each Advance to be made thereby, each Borrower represents and warrants, as to itself and each Subsidiary owned by it (each, a “Related Borrower Subsidiary” and, together with such Borrower, a “Related Borrower Party”) to each Agent and each Lender, on the Loan Document Effective Date and each Credit Date, as applicable, that the following statements are true and correct:
Representations and Warranties of each Borrower. Each Borrower represents and warrants to the Lender that throughout the term of this Agreement (except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case, such representation or warranty shall have been true or correct as of such date):
Representations and Warranties of each Borrower. Each Borrower hereby represents and warrants to Administrative Agent and the Lenders that (i) Borrower’s execution of this Agreement has been duly authorized by all requisite actions of each Borrower; (ii) no consents are necessary from any third parties for any Borrower’s execution, delivery or performance of this Agreement, (iii) this Agreement, the Original Credit Agreement, and each of the other Loan Documents, constitute the legal, valid and binding obligations of each Borrower enforceable against each such Borrower in accordance with their terms, except to the extent that the enforceability thereof against Borrowers may be limited by bankruptcy, insolvency or other laws affecting the enforceability of creditors rights generally or by equity principles of general application, (iv) except as disclosed on the supplemental disclosure schedule attached hereto as Exhibit B and the disclosure schedule attached to the Original Credit Agreement, all of the representations and warranties contained in Section 11 of the Credit Agreement are true and correct with the same force and effect as if made on and as of the date of this Agreement, (v) except for the Existing Defaults, there is no Default or no Event of Default Exists, (vi) the execution, delivery and performance of this Agreement by such Borrower does not violate, contravene, or conflict with any statute, rule, regulation, agreement or instrument or order binding upon such Borrower; and (vii) the unpaid principal balance of, and accrued interest on, the Loans, as of February 28, 2006 is as follows: (A) Aggregate Revolving Loan (including any Swingline Advances), $33,626,540.06 in principal and $188,922.34 in accrued, but unpaid interest, and (B) Aggregate Floorplan Loan (including any Interim Floorplan Loan Advances), $14,571,295.86 in principal (the “Outstanding Debt”).
Representations and Warranties of each Borrower. In order to induce the Agents and Lenders to enter into this Agreement and to make each Advance to be made thereby, each Borrower represents and warrants to each Agent and each Lender that the following statements are true and correct, on (i) the Effective Date and (ii) on each Credit Date (subject to on each Credit Date any applicable materiality qualifiers with respect thereto as contemplated by Section 6.2.9 of this Agreement, but in no case including the Eligibility Representations):
Representations and Warranties of each Borrower. Each Borrower represents and warrants as follows with respect to itself only on the date hereof, and at such other times as specified herein:
Representations and Warranties of each Borrower. The Borrower represents and warrants that:
Representations and Warranties of each Borrower. Each Borrower represents and warrants that the execution, delivery and performance by each Borrower of this Amendment has been duly authorized by all necessary corporate action required on its part and this Amendment is a legal, valid and binding obligation of each Borrower enforceable against each Borrower in accordance with its terms except as the enforcement thereof may be subject to (i) the effect of any applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting creditors’ rights generally and (ii) general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law).
Representations and Warranties of each Borrower. Each Borrower andº Guarantor, as applicable, represents and warrants to the Lender that throughout the term of this Agreement (except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case, such representation or warranty shall have been true or correct as of such date):
Representations and Warranties of each Borrower. . . . . . . 62
