Common use of Representations Concerning the Collateral Clause in Contracts

Representations Concerning the Collateral. Each Borrower represents and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each Borrower owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Lender's favor and (B) Permitted Liens; (b) none of the Collateral is subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; and (c) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable Borrower's or ADC's part to make such Receivables or ADC Receivables payable by the Customers, (ii) to the best of each Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent xxxx and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of any Borrower.

Representations Concerning the Collateral. Each Borrower represents and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each all the Collateral: (i) is owned by such Borrower owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) ), except (A) those in Lender's favor and (B) Permitted Liens; ; and (bii) none of the Collateral is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; and; (cb) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable such Borrower's or ADC's part to make such Receivables or ADC Receivables payable by the Customers, except for Receivables whereby such Borrower estimates its time spent and bills Receivables on such basis, (ii) to the best of each such Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaimscounterclaims (other than allowances, accommodations, compromises or adjustments made in the ordinary course of business or which have the effect of reducing availability under this Agreement), and (iii) do not represent xxxx bill and hold sales, consignment sales, guaranteed sales, sale or return rxxxxn or other similar understandings or obligations of any Affiliate or Subsidiary of any such Borrower.

Representations Concerning the Collateral. Each Borrower represents and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each Borrower owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in LenderAccess Capital's favor and (B) Permitted Liens; (b) none of the Collateral is subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interestinterest (other than as set forth on Exhibit 7(b) attached hereto); and (c) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable Borrower's or ADC's part to make such Receivables or ADC Receivables payable by the CustomersCustomers (other than the providing of cable and/or other telecommunication services contracted for by such Borrower pursuant to a bona fide contract executed by such Customer and the applicable Borrower in the ordinary course of business), (ii) to the best of each Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaimscounter-claims, and (iii) do not represent xxxx and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings under- standings or obligations of any Affiliate (other than Cacomm and Xxxxxxxx Xxxxxxxxxxx, Xx.) or Subsidiary of any Borrower.

Representations Concerning the Collateral. Each Borrower represents ----------------------------------------- and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each all the Collateral (i) is owned by Borrower owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Lender's favor and (B) Permitted Liens; Liens and (bii) none of the Collateral is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; and (cb) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable Borrower's or ADC's part to make such Receivables or ADC Receivables payable by the Customers, (ii) to the best of each Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent xxxx and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of any Borrower.

Representations Concerning the Collateral. Each Borrower represents and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each all the Collateral: (i) is owned by such Borrower owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) ), except (A) those in Lender's favor and (B) Permitted Liens; ; and (bii) none of the Collateral is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; and; (cb) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable such Borrower's or ADC's part to make such Receivables or ADC Receivables payable by the Customers, except for Receivables whereby such Borrower estimates its time spent and bills Receivables on such basis, (ii) to the best of each such Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaimscounterclaims (other than allowances, accommodations, compromises or adjustments made in the ordinary course of business or which have the effect of reducing availability under this Agreement), and (iii) do not represent xxxx and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of any such Borrower.

Representations Concerning the Collateral. Each Borrower represents ----------------------------------------- and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each all the Collateral (i) is owned by Borrower owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Lender's favor and (B) Permitted Liens; Liens and (bii) none of the Collateral is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; and; (cb) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable Borrower's or ADC's part to make such Receivables or ADC Receivables payable by Customers excepting, only , furnishing the Customersinvoice therefor to customer on or before the fifth Business Day following the last day of the month in which the services related to such invoice have been performed, (ii) to the best of each Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, Disputes and (iii) do not represent xxxx and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of any Borrower.

Representations Concerning the Collateral. Each Borrower Borrower, ESPC and ADI represents and warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder): (a) each Borrower Borrower, EPSC and ADI owns its respective Collateral free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Lender's favor and (B) Permitted Liens; (b) none of the Collateral is subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; and (c) all Receivables and ADC Receivables (i) represent complete bona fide transactions which require no further act under any circumstances on the applicable Borrower's, EPSC's or ADC's part to make such Receivables or ADC Receivables payable by the Customers, (ii) to the best of each Borrower's, EPSC's and ADI's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent xxxx bill and hold sales, consignment xxxsignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of any Borrower, EPSC or ADI." (e) Paragraph 8 is amended in its entirety to provide as follows: