Representations and Warranties of Obligors. Each of the Obligors represents and warrants to Administrative Agent, Issuing Bank and Lenders, with full knowledge that Administrative Agent, Issuing Bank, and Lenders are relying on the following representations and warranties in executing this Amendment, as follows:
Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that:
Representations and Warranties of Obligors. Each of the Obligors represents and warrants as follows:
Representations and Warranties of Obligors. Each Obligor represents and warrants that (a) no Default or Event of Default exists under the Loan Documents, except for the Stipulated Defaults that are in existence on the date hereof; (b) subject to the existence of the Stipulated Defaults, the representations and warranties of Borrower contained in the Loan Documents were true and correct in all material respects when made and continue to be true and correct in all material respects on the date hereof; (c) the execution, delivery and performance by Obligors of this Agreement and the consummation of the transactions contemplated hereby are within the corporate powers of Obligors and have been duly authorized by all necessary corporate action on the part of Obligors, do not require any approval or consent, or filing with, any governmental agency or authority, do not violate any provisions of any law, rule or regulation or any provision of any order, writ, judgment, injunction, decree, determination or award presently in effect in which either Obligor is named or any provision of the charter documents of either Obligor and do not result in a breach of or constitute a default under any agreement or instrument to which either Obligor is a party or by which it or any of its properties are bound; (d) this Agreement constitutes the legal, valid and binding obligation of each Obligor, enforceable against such Obligor in accordance with its terms; (e) each Obligor is entering into this Agreement freely and voluntarily with the advice of legal counsel of his or its own choosing; and (f) each Obligor has freely and voluntarily agreed to the releases, waivers and undertakings set forth in this Agreement.
Representations and Warranties of Obligors. To induce Bank One to execute and deliver this Agreement, Obligors jointly and severally represent and warrant that:
Representations and Warranties of Obligors. On each Funding Date, all representations and warranties of each Borrower and of the Guarantor set forth in Article IV hereof shall be true and correct in all material respects on and as of such Funding Date, both before and after giving effect to any Borrowing to be made on such date and to the application of the proceeds therefrom as though made on and as of such date (except to the extent such representations and warranties by their terms expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date).
Representations and Warranties of Obligors. Each of the Obligors represents and warrants to each of the Holders, jointly and severally, as follows:
Representations and Warranties of Obligors. In order to induce ------------------------------------------ Lender to enter into this Amendment, each Obligor represents and warrants to Lender that:
Representations and Warranties of Obligors. To induce the LENDER to enter into this AGREEMENT and to provide the OBLIGORS with the accommodations described herein, the OBLIGORS make the representations and warranties set forth below and acknowledge the LENDER’S justifiable right to rely upon these representations and warranties.
Representations and Warranties of Obligors. Each Obligor represents and warrants that (a) no Default exists under the Agreement; (b) the representations and warranties of Borrower contained in the Agreement were true and correct in all material respects when made and continue to be true and correct in all material respects on the date hereof; (c) the execution, delivery and performance by Borrower of this Amendment and the consummation of the transactions contemplated hereby are within the corporate power of Borrower and have been duly authorized by all necessary corporate action on the part of Borrower, do not require any approval or consent, or filing with, any governmental agency or authority, do not violate any provisions of any law, rule or regulation or any provision of any order, writ, judgment, injunction, decree, determination or award presently in effect in which Borrower is named or any provision of the charter documents of Borrower and do not result in a breach of or constitute a default under any agreement or instrument to which Borrower is a party or by which it or any of its properties are bound; (d) this Amendment constitutes the legal, valid and binding obligation of Obligors, enforceable against Obligors in accordance with its terms; (e) all payroll taxes required to be withheld from the wages of Borrower's employees have been paid or deposited when due; (f) each Obligor is entering into this Amendment freely and voluntarily with the advice of legal counsel of his or its own choosing; (g) each has freely and voluntarily agreed to the releases, waivers and undertakings set forth in this Amendment; (h) each understands that this increase in the Original Borrowing Base is temporary and that the Borrowing Base will automatically revert to the Original Borrowing Base on January 1, 2009; and (i) each understands that any amounts outstanding, due and owing to Lender in excess of the Original Borrowing Base on January 1, 2009 shall be immediately due and payable to Lender.
