Representations and Warranties of Sponsor. Sponsor, without limiting the representations and warranties provided in the Loan Facility Agreement, represents and warrants to the Participants and the Servicer as follows: (a) The execution, delivery and performance by Sponsor of this Amendment are within Sponsor's corporate powers, have been duly authorized by all necessary corporate action (including any necessary shareholder action) and do not and will not (a) violate any provision of any law, rule or regulation, any judgment, order or ruling of any court or governmental agency, the articles of incorporation or by-laws of Sponsor or any indenture, agreement or other instrument to which Sponsor is a party or by which Sponsor or any of its properties is bound or (b) be in conflict with, result in a breach of, or constitute with notice or lapse of time or both a default under any such indenture, agreement or other instrument. (b) This Amendment constitutes the legal, valid and binding obligations of Sponsor, enforceable against Sponsor in accordance with their respective terms. (c) No Unmatured Credit Event or Credit Event has occurred and is continuing as of the Effective Date.
Appears in 3 contracts
Samples: Loan Facility Agreement (Aaron Rents Inc), Loan Facility Agreement (Aaron Rents Inc), Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)
Representations and Warranties of Sponsor. Sponsor, without limiting the representations and warranties provided in the Loan Facility Servicing Agreement, represents and warrants to the Participants and the Servicer as follows:
(a) The execution, delivery and performance by Sponsor of this Amendment are within Sponsor's ’s corporate powers, have been duly authorized by all necessary corporate action (including any necessary shareholder action) and do not and will not (a) violate any provision of any law, rule or regulation, any judgment, order or ruling of any court or governmental agency, the articles of incorporation or by-laws of Sponsor or any indenture, agreement or other instrument to which Sponsor is a party or by which Sponsor or any of its properties is bound or (b) be in conflict with, result in a breach of, or constitute with notice or lapse of time or both a default under any such indenture, agreement or other instrument.
(b) This Amendment constitutes the legal, valid and binding obligations of Sponsor, enforceable against Sponsor in accordance with their respective terms.
(c) No Unmatured Credit Event or Credit Event has occurred and is continuing as of the Effective Date.
Appears in 1 contract
Representations and Warranties of Sponsor. Sponsor, without limiting the representations and warranties provided in the Loan Facility Agreement, represents and warrants to the Participants and the Servicer as follows:
(a) 1. The execution, delivery and performance by Sponsor of this Second Amendment are within Sponsor's corporate powers, have been duly authorized by all necessary corporate action (including any necessary shareholder action) and do not and will not (a) violate any provision of any law, rule or regulation, any judgment, order or ruling of any court or governmental agency, the articles of incorporation or by-laws of Sponsor or any indenture, agreement or other instrument to which Sponsor is a party or by which Sponsor or any of its properties is bound or (b) be in conflict with, result in a breach of, or constitute with notice or lapse of time or both a default under any such indenture, agreement or other instrument.
(b) 2. This Second Amendment constitutes the legal, valid and binding obligations of Sponsor, enforceable against Sponsor in accordance with their respective terms.
(c) 3. No Unmatured Credit Event or Credit Event has occurred and is continuing as of the Effective Date.
Appears in 1 contract
Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)
Representations and Warranties of Sponsor. Sponsor, without limiting the representations and warranties provided in the Loan Facility Agreement, represents and warrants to the Participants and the Servicer as follows:
(a) A. The execution, delivery and performance by Sponsor of this Third Amendment are within Sponsor's corporate powers, have been duly authorized by all necessary corporate action (including any necessary shareholder action) and do not and will not (a) violate any provision of any law, rule or regulation, any judgment, order or ruling of any court or governmental agency, the articles of incorporation or by-laws of Sponsor or any indenture, agreement or other instrument to which Sponsor is a party or by which Sponsor or any of its properties is bound or (b) be in conflict with, result in a breach of, or constitute with notice or lapse of time or both a default under any such indenture, agreement or other instrument.
(b) B. This Third Amendment constitutes the legal, valid and binding obligations of Sponsor, enforceable against Sponsor in accordance with their respective terms.
(c) C. No Unmatured Credit Event or Credit Event has occurred and is continuing as of the Effective Date.
Appears in 1 contract
Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)
Representations and Warranties of Sponsor. Sponsor, without limiting the representations and warranties provided in the Loan Facility Agreement, represents and warrants to the Participants and the Servicer as follows:
(a) 1. The execution, delivery and performance by Sponsor of this Amendment are within Sponsor's corporate powers, have been duly authorized by all necessary corporate action (including any necessary shareholder action) and do not and will not (a) violate any provision of any law, rule or regulation, any judgment, order or ruling of any court or governmental agency, the articles of incorporation or by-laws of Sponsor or any indenture, agreement or other instrument to which Sponsor is a party or by which Sponsor or any of its properties is bound or (b) be in conflict with, result in a breach of, or constitute with notice or lapse of time or both a default under any such indenture, agreement or other instrument.
(b) 2. This Amendment constitutes the legal, valid and binding obligations of Sponsor, enforceable against Sponsor in accordance with their respective terms.
(c) 3. No Unmatured Credit Event or Credit Event has occurred and is continuing as of the Effective Date.
Appears in 1 contract
Samples: Loan Facility Agreement and Guaranty (Aaron Rents Inc)
Representations and Warranties of Sponsor. Sponsor, without limiting the representations and warranties provided in the Loan Facility Agreement, represents and warrants to the Participants and the Servicer as follows:
(a) 1. The execution, delivery and performance by Sponsor of this Second Amendment are within Sponsor's corporate powers, have been duly authorized by all necessary corporate action (including any necessary shareholder action) and do not and will not (a) violate any provision of any law, rule or regulation, any judgment, order or ruling of any court or governmental agency, the articles of incorporation or by-laws of Sponsor or any indenture, agreement or other instrument to which Sponsor is a party or by which Sponsor or any of its properties is bound or (b) be in conflict with, result in a breach of, or constitute with notice or lapse of time or both a default under any such indenture, agreement or other instrument.
(b) 2. This Second Amendment constitutes the legal, valid and binding obligations of Sponsor, enforceable against Sponsor in accordance with their respective terms.
(c) 3. After giving effect to this Amendment, all of the representations and warranties set forth in Article V of the Loan Facility Agreement are true and correct in all material respects.
4. No Unmatured Credit Event or Credit Event has occurred and is continuing as of the Effective Second Amendment Date.
Appears in 1 contract
Samples: Loan Facility Agreement and Guaranty (Ruby Tuesday Inc)