REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each Commitment Party represents and warrants as to itself only (unless otherwise set forth herein, as of the date of this Agreement and as of the Closing Date) as set forth below.
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each of the Commitment Parties severally and not jointly represents and warrants to the Company as set forth below. Each representation, warranty and agreement is made as of the date hereof.
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. 37 Section 5.1 Organization ...............................................................................................37 Section 5.2 Organizational Power and Authority .........................................................37 Section 5.3 Execution and Delivery..............................................................................37 Section 5.4
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each of the Commitment Parties, severally and not jointly, represents and warrants to, and agrees with, the Debtors as set forth below.
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each Commitment Party, in each case severally and not jointly and solely with respect to itself, hereby represents and warrants to the Company Parties as set forth below. Except for representations and warranties that are expressly limited as to a particular date, each representation and warranty is made as of the date hereof and as of the Plan Effective Date:
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. 16 Section 5.1 Organization 16 Section 5.2 Organizational Power and Authority 16 Section 5.3 Execution and Delivery 16 Section 5.4 No Conflict 16 Section 5.5 Consents and Approvals 17 Section 5.6 No Registration 17 Section 5.7 Purchasing Intent 17 Section 5.8 Sophistication; Investigation 18 Section 5.9 No Broker’s Fees 18 Section 5.10 Sufficient Funds 18 ARTICLE VI ADDITIONAL COVENANTS 18 Section 6.1 Orders Generally 18 Section 6.2 Confirmation Order; Plan and Disclosure Statement 19 Section 6.3 Conduct of Business 19 Section 6.4 Access to Information; Confidentiality 20 TABLE OF CONTENTS (cont’d) Page Section 6.5 Commercially Reasonable Efforts 21 Section 6.6 [Reserved] 22 Section 6.7 Blue Sky 22 Section 6.8 DTC Eligibility 22 Section 6.9 Use of Proceeds 22 Section 6.10 [Reserved] 22 Section 6.11 [Reserved] 22 Section 6.12 Securities Laws Disclosure 22 Section 6.13 Reorganized Company as Successor 23 Section 6.14 Financial Statements 23 Section 6.15 Delivery of Offering Memorandum 23
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each Commitment Party represents and warrants, severally and not jointly, as set forth below.
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. 25 Section 5.1 Organization. ..............................................................................................25 Section 5.2 Corporate Power and Authority. ................................................................25 Section 5.3 Execution and Delivery..............................................................................25 Section 5.4 No Conflict.................................................................................................26 Section 5.5 Consents and Approvals. ...........................................................................26 Section 5.6 No Registration. .........................................................................................26 Section 5.7 Purchasing Intent. ......................................................................................26 Section 5.8 Arm’s Length. ............................................................................................27 Section 5.9 No Broker’s Fees. ......................................................................................27
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each Commitment Party, severally and not jointly, hereby represents and warrants to the A.M. Castle Parties as set forth in this Article V. Except for representations and warranties that are expressly limited as to a particular date, each representation and warranty is made as of the Closing Date:
REPRESENTATIONS AND WARRANTIES OF THE COMMITMENT PARTIES. Each Commitment Party and Backstop Party (each a “Subject Party”), severally and not jointly, represents and warrants as to itself only, as of (x) the date hereof, (y) with respect to the Commitment Parties as of the Closing, and (z) with respect to the Backstop Parties as of the 2019 Commitment Closing and the 2020 Commitment Closing, as follows:
