Representations of each Lender. Effective as of the date of execution hereof, as of each Closing Date and as of each Funding Date, each Lender represents and warrants to the Lessor and to the Lessees as follows:
Representations of each Lender. (a) No Lender Covered Entity is a Sanctioned Person and (b) the funds used to fund Advances, to the extent received from such Lender, are not derived from any unlawful activity. Each Lender covenants and agrees that it shall promptly notify the Servicer in writing upon obtaining actual knowledge of the occurrence of a Reportable Compliance Event with respect to any Lender Covered Entity, except to the extent such notice is prohibited by Applicable Law. SECTION 4.05
Representations of each Lender. Each Lender, severally and not jointly, hereby represents and warrants to the Parent and the Borrower as follows:
Representations of each Lender. As of the Closing ------------------------------ Date, the Lender represents and warrants to the Lessor and to the Lessee as follows:
Representations of each Lender. Effective as of the date of execution hereof, as of each Closing Date and as of each Funding Date, each B Lender represents and warrants to the Lessor and to the Lessees as follows:
Representations of each Lender. Effective as of the date of execution hereof, as of each Closing Date and as of each Funding Date, each Lender represents and warrants to the Lessor and to the Lessee as follows: (ai Securities Act. The interest being acquired or to be acquired by such Lender in the Funded Amounts is being acquired for its own account, without any view to the distribution thereof or any interest therein, provided that such Lender shall be entitled to assign, convey or transfer its interest in accordance with Section 6.2. Such Lender is an accredited investor as that term is defined in Rule 501(a) under the Securities Act. (bi Employee Benefit Plans. Such Lender is not and will not be making its investment hereunder, and is not performing its obligations under the Operative Documents, with the assets of an "employee benefit plan" (as defined in Section 3(3) of ERISA) which is subject to Title I of ERISA, or "plan" (as defined in Section 4975(e)(1)) of the Code.
Representations of each Lender. Each Lender hereby represents to each Loan Party that with respect to each Advance either (a) no portion of the assets used by such Lender for such Advance constitutes Plan Assets or (b) the Advance satisfies the requirements of a Department of Labor prohibited transaction class exemption.
Representations of each Lender. Each Lender, individually and severally, hereby makes the following representations and warranties to the Company:
Representations of each Lender. Each Lender severally represents to Holdings (solely as to itself and not as to any other Lender) as follows:
Representations of each Lender. The Lender represents and warrants to ENDV that: (i) it is the sole holder of the note(s) set forth as its note(s) on referred to below its signature; (ii) that the principal and interest as set forth on the signature page hereof is true and correct as of the date hereof; (iii) that the note(s) set forth as such Lender’s note(s) on the signature page hereof are either not in default as of the date hereof or any prior default is hereby irrevocably waived by Lender; and (iv) the execution and delivery of this agreement has been duly authorized by it and upon execution and delivery it will be duly bound hereby.
