Common use of Representations and Warranties of Obligors Clause in Contracts

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. It has the power and authority to enter into and to perform this Second Waiver, to execute and deliver all documents relating to this Second Waiver, and or incur the obligations provided for in this Second Waiver, all of which have been duly authorized and approved in accordance with its corporate documents; ii. This Second Waiver, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Waiver and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. As of the date hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. As of the date hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. (a) It has the power and authority to enter into and to perform this Second WaiverAmendment, to execute and deliver all documents relating to this Second WaiverAmendment, and or incur the obligations provided for in this Second WaiverAmendment, all of which have been duly authorized and approved in accordance with its corporate documents; ii. (b) This Second WaiverAmendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Waiver Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. (e) As of the date hereofSecond Amendment Date, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. (f) As of the date hereofSecond Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. (1) It has the power and authority to enter into and to perform this Second First Waiver, to execute and deliver all documents relating to this Second First Waiver, and or incur the obligations provided for in this Second First Waiver, all of which have been duly authorized and approved in accordance with its corporate documents; ii. (2) This Second First Waiver, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. (3) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. (4) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second First Waiver and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. (5) As of the date hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. (6) As of the date hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. (a) It has the power and authority to enter into and to perform this Second WaiverFourth Amendment, to execute and deliver all documents relating to this Second WaiverFourth Amendment, and or incur the obligations provided for in this Second WaiverFourth Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; ii. (b) This Second WaiverFourth Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Waiver Fourth Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. (e) As of the date hereofFourth Amendment Date, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. (f) As of the date hereofFourth Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. (a) It has the power and authority to enter into and to perform this Second WaiverFirst Amendment, to execute and deliver all documents relating to this Second WaiverFirst Amendment, and or incur the obligations provided for in this Second WaiverFirst Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; ii. (b) This Second WaiverFirst Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Waiver First Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. (e) As of the date hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. (f) As of the date hereofFirst Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. (a) It has the power and authority to enter into and to perform this Second First Waiver, to execute and deliver all documents relating to this Second First Waiver, and or incur the obligations provided for in this Second First Waiver, all of which have been duly authorized and approved in accordance with its corporate documents; ii. (b) This Second First Waiver, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second First Waiver and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. (e) As of the date hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. (f) As of the date hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. (a) It has the power and authority to enter into and to perform this Second WaiverFirst Amendment, to execute and deliver all documents relating to this Second WaiverFirst Amendment, and or incur the obligations provided for in this Second WaiverFirst Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; ii. (b) This Second WaiverFirst Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Waiver First Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. (e) As of the date hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. (f) As of the date hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists, except in relation to Borrower's continuing compliance with Sections 5.21 and 5.24 of the Credit Agreement as they relate to Borrower's Fiscal Quarter ending closest to December 31, 1998; which Default Conditions and Events of Default have not been waived by Lenders, and are not being waived hereby by Lenders, but shall continue, together with Lenders' full reservation after all rights and remedies deriving therefrom, notwithstanding this Amendment.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: i. It has the power and authority to enter into and to perform this Second WaiverAmendment, to execute and deliver all documents relating to this Second WaiverAmendment, and or incur the obligations provided for in this Second WaiverAmendment, all of which have been duly authorized and approved in accordance with its corporate documents; ii. This Second WaiverAmendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; iii. All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; iv. Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Waiver Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; v. As of the date hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and vi. As of the date hereofSecond Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.