Common use of Representations True; No Default Clause in Contracts

Representations True; No Default. The Borrower represents and warrants that: (a) this First Amendment has been duly authorized, executed and delivered on its behalf, and the Existing Revolving Credit Agreement, as amended or otherwise modified by this First Amendment, and the other Loan Documents to which it is a party, constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally and by general principles of equity; (b) the representations and warranties of the Borrower contained in Article V of the Revolving Credit Agreement are true and correct in all material respects on and as of the date hereof as though made on and as of the date hereof (other than (i) the representations and warranties set forth in Sections 5.7 and 5.9 of the Revolving Credit Agreement, which shall only be made on the Closing Date, (ii) those representations and warranties that expressly relate to a specific earlier date, which representations and warranties were true and correct in all material respects as of such earlier date and (iii) those representations and warranties that are by their terms subject to a materiality qualifier, which representations and warranties are true and correct in all respects); and (c) immediately after giving effect to this First Amendment, no Default or Event of Default under the Revolving Credit Agreement has occurred and is continuing.

Representations True; No Default. The Borrower represents and warrants that: (a) this First Amendment has been duly authorized, executed and delivered on its behalf, and the Existing Revolving Credit Term Loan Agreement, as amended or otherwise modified by this First Amendment, and the other Loan Documents to which it is a party, constitute the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with their terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally and by general principles of equity; (b) the representations and warranties of the Borrower contained in Article V of the Revolving Credit Term Loan Agreement are true and correct in all material respects on and as of the date hereof as though made on and as of the date hereof (other than (i) the representations and warranties set forth in Sections 5.7 and 5.9 of the Revolving Credit Term Loan Agreement, which shall only be made on the Closing Date, (ii) those representations and warranties that expressly relate to a specific earlier date, which representations and warranties were true and correct in all material respects as of such earlier date and (iii) those representations and warranties that are by their terms subject to a materiality qualifier, which representations and warranties are true and correct in all respects); and (c) immediately after giving effect to this First Amendment, no Default or Event of Default under the Revolving Credit Term Loan Agreement has occurred and is continuing.

Representations True; No Default. The Borrower Each Amendment Party represents and warrants that: : (a) this First Amendment has been duly authorized, executed and delivered on its behalf, and the Existing Revolving Credit Agreement, as amended or otherwise modified by this First Amendment, and the other Loan Documents to which it is a party, constitute the legal, valid and binding obligations of the Borrowersuch Amendment Party, enforceable against the Borrower such Amendment Party in accordance with their terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ ' rights generally and by general principles of equity; ; (b) the representations and warranties of the Borrower such Amendment Party contained in Article V IV of the Revolving Credit Agreement are true and correct in all material respects on and as of the date hereof as though made on and as of the date hereof (other than (i) the representations and warranties set forth in Sections 5.7 and 5.9 of the Revolving Credit Agreement, which shall only be made on the Closing Date, (ii) those representations and warranties that expressly relate to a specific earlier date, which representations and warranties were true and correct in all material respects as of such earlier date and (iiiii) those representations and warranties that are by their terms subject to a materiality qualifier, which representations and warranties are true and correct in all respects); and and (c) immediately after giving effect to this First Amendment, no Default or Event of Default under the Revolving Credit Agreement has occurred and is continuing. Section 3.

Representations True; No Default. The Borrower Each of the Borrowers represents and warrants that: (a) this First Amendment Agreement has been duly authorized, executed and delivered on its behalf, and the Existing Revolving Credit Agreement, as amended or otherwise modified by this First AmendmentAgreement, and the other Loan Documents to which it is a party, constitute the legal, valid and binding obligations of the such Borrower, enforceable against the such Borrower in accordance with their terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, reorganization, moratorium or similar law affecting creditors’ rights generally and by general principles of equity; (b) the representations and warranties of the such Borrower contained in Article V IV of the Revolving Credit Agreement are true and correct in all material respects on and as of the date hereof as though made on and as of the date hereof (other than (i) the representations and warranties set forth in Sections 5.7 and 5.9 of the Revolving Credit Agreement, which shall only be made on the Closing Date, (ii) those representations and warranties that expressly relate to a specific earlier date, which representations and warranties were true and correct in all material respects as of such earlier date date; provided, that the representations and warranties contained in clauses (a) and (iiib) of Section 4.04 of the Credit Agreement shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (b) and (a), respectively, of Section 5.01 of the Credit Agreement and (ii) those representations and warranties that are by their terms subject to a materiality qualifier, which representations and warranties are true and correct in all respects); and (c) immediately after giving effect to this First AmendmentAgreement, no Default or Event of Default under the Revolving Credit Agreement has occurred and is continuing.