Representations and Warranties of GE Capital. GE Capital represents and warrants to the Borrower as follows:
Representations and Warranties of GE Capital. GE Capital represents and warrants to Compound as follows:
Representations and Warranties of GE Capital. GE CAPITAL hereby represents, warrants and covenants to ASPEN, its successors and assigns, as of the date hereof, of the related Application and throughout the term of any Transaction, that: (a) GE CAPITAL is a duly organized and validly existing corporation and has full power to enter into this Agreement and to carry out the transactions contemplated hereby, (b) The execution and delivery of this Agreement and the performance by GE CAPITAL of the transactions contemplated hereby have been duly authorized by all necessary corporate action, (c) This Agreement constitutes a legal, valid and binding obligation of GE CAPITAL enforceable in accordance with its terms, (d) Neither the execution of this Agreement nor the consummation of the transactions contemplated hereby will constitute (i) a violation or default of any statute, rule, or decree of any court, administrative agency or governmental body to which GE CAPITAL is or may be subject, or (ii) a material default with respect to any indenture, loan agreement or other agreement to which GE CAPITAL is bound, (e) All documents relating to a Transaction to which GE CAPITAL is a party or by which it is bound will be genuine, legal, valid and binding obligations of GE CAPITAL, enforceable in accordance with their terms, (f) GE CAPITAL will honor any agreements made by GE CAPITAL with any Customer in connection with any Transaction, (g) There are no suits or proceedings pending or, to the knowledge of GE CAPITAL, threatened in any court or before any regulatory commission, or other administrative or governmental agency against or affecting GE CAPITAL which could materially impair GE CAPITAL's ability to perform its obligations hereunder or in connection with any Transaction, (h) The consolidated financial statements of GE CAPITAL fairly present the financial position of GE CAPITAL as of the dates thereof and the results of operations of GE CAPITAL for the periods covered thereby, all in conformity with generally accepted accounting principles applied on a consistent basis, and since the date of the latest such financial statements, there has been no Material Adverse Change in the financial condition of GE CAPITAL.
Representations and Warranties of GE Capital. GE Capital hereby represents and warrants to Provider, as of the date hereof:
Representations and Warranties of GE Capital. GE Capital hereby represents and warrants to Subordinated Creditor that as of the date hereof: (a) GE Capital is a corporation duly formed and validly existing under the laws of the State of Delaware; (b) GE Capital has the power and authority to enter into, execute, deliver and carry out the terms of this Agreement, all of which have been duly authorized by all proper and necessary action; (c) the execution of this Agreement by GE Capital will not violate or conflict with the organizational documents of GE Capital, any material agreement binding upon GE Capital or any law, regulation or order or require any consent or approval which has not been obtained; and (d) this Agreement is the legal, valid and binding obligation of GE Capital, enforceable against GE Capital in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles.
Representations and Warranties of GE Capital. GE Capital hereby represents and warrants to Regent, as of the date hereof, as follows:
Representations and Warranties of GE Capital. 4.1 GE Capital hereby represents and warrants to NMHG, as of the Effective Date and throughout the Term, that:
