Representations and Warranties of Timken. In order to induce the parties hereto to enter into this Amendment, Timken represents and warrants that: (a) The representations and warranties of the Servicer and the Originator set forth in Section 5.1 of the RPA, as hereby amended, are true, correct and complete on the date hereof as if made on and as of the date hereof and, upon the effectiveness of this Amendment, there exists no Amortization Event, Potential Amortization Event, Termination Event or Potential Termination Event on the date hereof, provided that in the case of any representation or warranty in Section 5.1 of the RPA that expressly relates to facts in existence on an earlier date, the reaffirmation thereof under this Section 6(a) shall be made as of such earlier date. (b) The execution and delivery by Timken of this Amendment has been duly authorized by proper corporate proceedings of Timken and this Amendment, and the RPA, as amended by this Amendment, constitutes the legal, valid and binding obligation of Timken, enforceable against Timken in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of general applicability affecting the enforcement of creditors’ rights generally.
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Representations and Warranties of Timken. In order to induce the parties hereto to enter into this Amendment, Timken represents and warrants that:
(a) The representations and warranties of the Servicer and the Originator set forth in Section 5.1 of the RPARPA and Section 2.1 of the RSA, in each case, as hereby amended, are true, correct and complete on the date hereof as if made on and as of the date hereof and, upon the effectiveness of this Amendment, and there exists no Amortization Event, Potential Amortization Event, Termination Event or Potential Termination Event on the date hereof, provided that in the case of any representation or warranty in Section 5.1 of the RPA or Section 2.1 of the RSA that expressly relates to facts in existence on an earlier date, the reaffirmation thereof under this Section 6(a5(a) shall be made as of such earlier date.
(b) The execution and delivery by Timken of this Amendment has been duly authorized by proper corporate proceedings of Timken and this Amendment, and the RPAeach Agreements, as amended by this Amendment, constitutes the legal, valid and binding obligation of Timken, enforceable against Timken in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of general applicability affecting the enforcement of creditors’ rights generally.
Appears in 1 contract
Representations and Warranties of Timken. In order to induce the parties hereto to enter into this Amendment, Timken represents and warrants that:
(a) The representations and warranties of the Servicer and the Originator set forth in Section 5.1 of the RPA, as hereby amended, are true, correct and complete on the date hereof as if made on and as of the date hereof and, upon the effectiveness of this Amendment, and there exists no Amortization Event, Potential Amortization Event, Termination Event or Potential Termination Event on the date hereof, provided that in the case of any representation or warranty in Section 5.1 of the RPA that expressly relates to facts in existence on an earlier date, the reaffirmation thereof under this Section 6(a7(a) shall be made as of such earlier date.
(b) The execution and delivery by Timken of this Amendment has been duly authorized by proper corporate proceedings of Timken and this Amendment, and the RPA, as amended by this Amendment, constitutes the legal, valid and binding obligation of Timken, enforceable against Timken in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of general applicability affecting the enforcement of creditors’ rights generally.
Appears in 1 contract
Representations and Warranties of Timken. In order to induce the parties hereto to enter into this Amendment, Timken represents and warrants that:
(a) The representations and warranties of the Servicer and the Originator set forth in Section 5.1 of the RPARPA and Section 2.1 of the RSA, in each case, as hereby amended, are true, correct and complete on the date hereof as if made on and as of the date hereof and, upon the effectiveness of this Amendment, and there exists no Amortization Event, Potential Amortization Event, Termination Event or Potential Termination Event on the date hereof, provided that in the case of any representation or warranty in Section 5.1 of the RPA or Section 2.1 of the RSA that expressly relates to facts in existence on an earlier date, the reaffirmation thereof under this Section 6(a) shall be made as of such earlier date.
(b) The execution and delivery by Timken of this Amendment has been duly authorized by proper corporate proceedings of Timken and this Amendment, and the RPAeach Agreements, as amended by this Amendment, constitutes the legal, valid and binding obligation of Timken, enforceable against Timken in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of general applicability affecting the enforcement of creditors’ rights generally.
Appears in 1 contract
Representations and Warranties of Timken. In order to induce the parties hereto to enter into this Amendment, Timken represents and warrants that:
(a) The representations and warranties of the Servicer and the Originator set forth in Section 5.1 of the RPARPA and Section 2.1 of the RSA, as hereby amendedin each case, after giving effect to this Amendment, are true, correct and complete on the date hereof as if made on and as of the date hereof and, upon the effectiveness of this Amendment, and there exists no Amortization Event, Potential Amortization Event, Termination Event or Potential Termination Event on the date hereof, provided that in the case of any representation or warranty in Section 5.1 of the RPA or Section 2.1 of the RSA that expressly relates to facts in existence on an earlier date, the reaffirmation thereof under this Section 6(a5(a) shall be made as of such earlier date.
(b) The execution and delivery by Timken of this Amendment has been duly authorized by proper corporate proceedings of Timken and this Amendment, and the RPAeach Agreements, as amended by this Amendment, constitutes the legal, valid and binding obligation of Timken, enforceable against Timken in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of general applicability affecting the enforcement of creditors’ rights generally.
Appears in 1 contract
Representations and Warranties of Timken. In order to induce the parties hereto to enter into this Amendment, Timken represents and warrants that:
(a) The representations and warranties of the Servicer and the Originator set forth in Section 5.1 of the RPARPA and Section 2.1 of the RSA, in each case, as hereby amended, are true, correct and complete on the date hereof as if made on and as of the date hereof and, upon the effectiveness of this Amendment, and there exists no Amortization Event, Potential Amortization Event, Termination Event or Potential Termination Event on the date hereof, provided that in the case of any representation or warranty in Section 5.1 of the RPA or Section 2.1 of the RSA that expressly relates to facts in existence on an earlier date, the reaffirmation thereof under this Section 6(a5(a) shall be made as of such earlier date.
(b) The execution and delivery by Timken of this Amendment has been duly authorized by proper corporate proceedings of Timken and this Amendment, and the RPAeach Agreement, as amended by this Amendment, constitutes the legal, valid and binding obligation of Timken, enforceable against Timken in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws of general applicability affecting the enforcement of creditors’ rights generally.
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