Representations of Obligors. Each Obligor represents that:
(a) Existence, power and authority: it is incorporated, has full power to enter into and comply with its obligations under the Loan Agreement and/or the Security Documents and has taken all corporate and other action and obtained all consents needed to enable it to do so;
(b) Obligations enforceable: its obligations under the Loan Agreement and/or the Security Documents are legal, valid, binding and enforceable in accordance with their respective terms, subject to equitable principles and insolvency laws of general application;
Representations of Obligors. Each Obligor hereby represents and warrants to Agent and Noteholders as of the execution date of this Amendment as follows: (A) it is duly incorporated, validly existing and in good standing under the laws of its jurisdiction of incorporation; (B) the execution, delivery and performance by it of this Amendment and all other Note Purchase Documents executed and delivered in connection herewith are within its powers, have been duly authorized, and do not contravene (i) its articles of incorporation, bylaws or other organizational documents, or (ii) any applicable law; (C) no consent, license, permit, approval or authorization of, or registration, filing or declaration with any Governmental Authority or other Person, is required in connection with the execution, delivery, performance, validity or enforceability of this Amendment or any other Note Purchase Documents executed and delivered in connection herewith by or against it; (D) this Amendment and all other Note Purchase Documents executed and delivered in connection herewith have been duly executed and delivered by it; (E) this Amendment and all other Note Purchase Documents executed and delivered in connection herewith constitute its legal, valid and binding obligation enforceable against it in accordance with their terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by general principles of equity; (F) it is not in default under the Agreement or any other Note Purchase Documents and no Event of Default exists, has occurred and is continuing or would result by the execution, delivery or performance of this Amendment; and (G) the representations and warranties contained in the Agreement and the other Note Purchase Documents are true and correct in all material respects as of the execution date of this Amendment as if then made, except for such representations and warranties limited by their terms to a specific date.
Representations of Obligors. Effective as of the date of --------------------------- execution hereof, as of the Closing Date and as of each Funding Date, each Obligor represents and warrants to each of the other parties hereto as follows:
Representations of Obligors. Each Obligor listed on the signature pages hereof represents and warrants that (i) the representations and warranties of such Obligor set forth in Article 6 of the Credit Agreement are true in all material respects on and as of the date hereof and (ii) no Default has occurred and is continuing on the date hereof.
Representations of Obligors. The Company and each Guarantor represent and warrant that (i) this Supplemental Indenture has been duly authorized, executed and delivered and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms and (ii) the Liens in favor of the Collateral Agent, for the ratable benefit of the Holders, granted pursuant to the Security Documents continue to be valid, enforceable and perfected.
Representations of Obligors. 3.1 Each Obligor:
(a) acknowledges that this Amendment is a Loan Document and the representations and warranties made in Section 6.1 of the Existing Credit Agreement, except those expressly stated to be made as of a specific date (in which case such representations and warranties were true and correct as of said date) or those already qualified by materiality (in which case, such representations and warranties are true and correct in all respects), are true and correct in all material respects on and as of the date of this Amendment with the same force and effect as if the representations and warranties had been made on and as of the date of this Amendment;
(b) represents that as of the date hereof, no Event of Default or Default has occurred and is continuing and no Event of Default or Default will result from entering this Amendment; and
(c) represents that there are no consents or other agreements required from third parties to avoid this Amendment causing a breach or default under any other Contract to which the Obligor is a party.
Representations of Obligors. The Obligors represent and warrant to the Lender Parties and the Collateral Agent as follows:
Representations of Obligors. The Obligors represent and --------------------------- warrant to the Bank as follows:
Representations of Obligors. The Obligors acknowledge that this agreement is a Loan Document and that all of their representations and warranties concerning Loan Documents that are contained in the Existing Credit Agreement apply to this agreement and are deemed to be repeated on their execution of this agreement as if set out in full in this agreement. The Obligors also represent that there are no consents or other agreements required from third parties to avoid this agreement causing a breach or default under any other agreement to which any Obligor is a party.
Representations of Obligors. The Obligors represent and warrant that (a) the representations and warranties of the Obligors set forth in Article 4 of the Facility Agreement will be true on and as of the Amendment Effective Date, and (b) no Event of Default will have occurred and be continuing on such date.
