Representations Relating to Accounts. Borrower represents and warrants to Silicon as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower's business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.
Representations Relating to Accounts. Borrower represents and warrants to Agent and Lenders as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.
Representations Relating to Accounts. Borrower represents and warrants to PFG as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.
Representations Relating to Accounts. Each Obligor hereby represents and warrants that (a) each Account of such Obligor is based on an actual and bona fide sale and delivery of goods or rendition of services to customers, made by such Obligor in the ordinary course of its business; (b) the goods and inventory being sold and the Accounts created are the exclusive property of such Obligor and are not and shall not be subject to any lien, consignment arrangement, encumbrance, security interest or financing statement whatsoever, other than the Permitted Encumbrances; (c) the invoices evidencing such Accounts are in the name of such Obligor; and (d) the customers of such Obligor have accepted the goods or services, owe and are obligated to pay the full amounts stated in the invoices according to their terms, without dispute, offset, defense, counterclaim or contra, except for disputes and other matters arising in the ordinary course of business of which such Obligor has advised the Agent pursuant to Section 3.07. Each Obligor confirms to the Lenders that any and all taxes or fees relating to its business, its sales, the Accounts of such Obligor or goods relating thereto, are its sole responsibility and that same will be paid by such Obligor or when due and that none of said taxes or fees represent a lien on or claim against the Accounts. Each Obligor also warrants and represents that it is a duly and validly existing corporation and is qualified in all states and provinces where the failure to so qualify would have an adverse effect on the business of such Obligor or the ability of such Obligor to enforce collection of Accounts due from customers residing in such locations. Each Obligor agrees to maintain such books and records regarding Accounts as the Agent may reasonably require and agrees that the books and records of such Obligor will reflect the Lenders' interest in the Accounts of such Obligor. All of the books and records of such Obligor will be available to the Agent and the Lenders at normal business hours, including any records handled or maintained for such Obligor by any other company or entity.
Representations Relating to Accounts. Borrower represents and warrants to Silicon as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and per Borrower’s contracts, the deemed acceptance of goods (which Borrower sends FOB point of shipping) or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.
Representations Relating to Accounts. Borrower represents and warrants to ORIX as follows: Each Account with respect to which Loans are requested by Borrower shall, on the date each Loan is requested and made, (i) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (ii) meet the Minimum Eligibility Requirements set forth in Section 8 below.
Representations Relating to Accounts. Each Account with respect to which Advances are requested by Borrower represents, on the date each Advance is requested and made, an undisputed bona fide existing unconditional obligation of the account debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business. Borrower has no notice of any actual or imminent Insolvency Proceeding of any account debtor whose accounts are an Eligible Account.
Representations Relating to Accounts. Borrower represents and warrants to Bank as follows: Each Account with respect to which Advances are requested by Borrower shall, on the date each Advance is requested and made (a) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business, and (b) meet the Minimum Domestic Eligibility Requirements or Minimum Foreign Eligibility Requirements, as the case may be, set forth in Section 8 below.
Representations Relating to Accounts. Borrower represents and warrants to Bank as follows: Each Account with respect to which Advances are requested by Borrower shall, on the date each Advance is requested and made, (a) represent an undisputed bona fide existing unconditional obligation of the Account Debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower's business, and (b) meet the Minimum Eligibility Requirements set forth in Section 8 below.
Representations Relating to Accounts. Each Account with respect to which Advances are requested by Borrowers represents, on the date each Advance is requested and made, an undisputed (to the best of the relevant Borrower’s Knowledge) bona fide existing unconditional obligation of the account debtor created by the sale, delivery, and acceptance of goods or the rendition of services, or the non-exclusive licensing of Intellectual Property, in the ordinary course of Borrower’s business. No Borrower has Knowledge of any actual or imminent Insolvency Proceeding of any of its account debtors whose accounts are an Eligible Account in any Borrowing Base Certificate.
