Common use of Representations and Warranties of the Borrower and Servicer Clause in Contracts

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this First Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this First Amendment. (ii) This First Amendment has been duly executed and delivered by such Person and each of this First Amendment and the Agreement, as amended by this First Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or first party is required in connection with the execution, delivery or performance by such Person of this First Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes a Event of Default or an Unmatured Event of Default.

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this First Second Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this First Second Amendment. (ii) This First Second Amendment has been duly executed and delivered by such Person and each of this First Second Amendment and the Agreement, as amended by this First Second Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or first party is required in connection with the execution, delivery or performance by such Person of this First Second Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes a an Event of Default or an Unmatured Event of Default.

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this First Third Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this First Third Amendment. (ii) This First Third Amendment has been duly executed and delivered by such Person and each of this First Third Amendment and the Agreement, as amended by this First Third Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or first third party is required in connection with the execution, delivery or performance by such Person of this First Third Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes a Event of Default or an Unmatured Event of Default.

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this First Third Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this First Third Amendment. (ii) This First Third Amendment has been duly executed and delivered by such Person and each of this First Third Amendment and the Agreement, as amended by this First Third Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or first third party is required in connection with the execution, delivery or performance by such Person of this First Third Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes a an Event of Default or an Unmatured Event of Default.