Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that it, acting for its own account, in the aggregate owns and invests on a discretionary basis, not less than $25,000,000 in investments. Notwithstanding any provision herein to the contrary, the parties hereto intend that the Advances made hereunder shall constitute a “loan” and not a “security” for purposes of Section 8-102(15) of the UCC.
Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that it is (a) either a Qualified Institutional Buyer under Rule 144A of the Securities Act or an institutional “Accredited Investor” as defined in Rule (1)-501(a)(1)-(3) or (7) under the Securities Act and (b) a “qualified purchaser” under the 1940 Act.
Representations and Warranties of each Lender. Each Lender hereby represents and warrants to the Company that:
Representations and Warranties of each Lender. Each Lender (for itself, and not for any other Lender) represents and warrants to the L/C Issuers, the Co-Obligors and the Co-Obligors’ Agent:
(a) Purchase for Investment. Such Lender is an institutional “accredited investor” within the meaning of subparagraphs (1), (2), (3) or (7) of Rule 501(a) promulgated under the Securities Act. Such Lender represents that it is purchasing its Participation in this Agreement, its Credit-Linked Note and its Term Notes, if any, for its own account or for one or more separate accounts maintained by it or for the account of one or more pension or trust funds and not with a view to the distribution thereof, provided that the disposition of its or their property shall at all times be within its or their control. Such Lender understands that the Credit-Linked Notes and Term Notes have not been registered under the Securities Act and may be resold only if registered pursuant to the provisions of the Securities Act or if an exemption from registration is available, except under circumstances where neither such registration nor such an exemption is required by law, and that the L/C Issuers, the Administrative Agent, the Co-Obligors and the Company are not required to register the Credit-Linked Notes and Term Notes.
Representations and Warranties of each Lender. Each Lender represents and warrants, severally and only as to itself, to each of the other parties hereto as follows:
Representations and Warranties of each Lender. Each Lender hereby represents and warrants that such Lender, in good faith, has not relied upon Margin Stock as collateral for the Obligations of the Obligors hereunder and under the other Loan Documents.
Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that (i) it is either a “qualified institutional buyer” under Rule 144A of the Securities Act or an institutional “Accredited Investor” as defined in Rule 501(a)(1)-(3) or (7) under the Securities Act and (ii) it is acquiring the Variable Funding Notes for investment for its own account and not with a view to any distribution of such Variable Funding Notes (but without prejudice to its right at all times to sell or otherwise dispose of the Variable Funding Notes in accordance herewith).
Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that it is a “qualified purchaser” under the 1940 Act.
Representations and Warranties of each Lender. (a) [Reserved].
Representations and Warranties of each Lender. Each Lender hereby individually represents and warrants, as to itself, that it is an Approved Lender.
