Common use of Representations Upon Purchase and Sale Clause in Contracts

Representations Upon Purchase and Sale. Such purchase and sale shall be expressly made without representation or warranty of any kind by the Revolving Loan Agent or any Revolving Loan Secured Party as to the Revolving Loan Obligations or otherwise and without recourse to the Revolving Loan Secured Parties; except, that, each Revolving Loan Secured Party that is transferring such Revolving Loan Obligations shall represent and warrant, severally as to it: (a) the amount of the Revolving Loan Obligations being purchased from it is as reflected in the books and records of such Revolving Loan Secured Party (but without representation or warranty as to the collectability, validity or enforceability thereof), (b) that such Revolving Loan Secured Party owns the Revolving Loan Obligations being sold by it free and clear of any liens or encumbrances and (c) such Revolving Loan Secured Party has the right to assign the Revolving Loan Obligations being sold by it and the assignment is duly authorized.

Appears in 2 contracts

Samples: Intercreditor Agreement (Seventy Seven Energy Inc.), Intercreditor Agreement

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Representations Upon Purchase and Sale. Such purchase and sale shall be expressly made without representation or warranty of any kind by the Revolving Loan Agent or any Revolving Loan Secured Party Parties as to the Revolving Loan Obligations Debt, the Collateral or otherwise and without recourse to the Revolving Loan Secured Parties; except, that, except that each Revolving Loan Secured Party that is transferring such Revolving Loan Obligations shall represent and warrant, severally severally, as to it: (a) the amount of the Revolving Loan Obligations Debt being purchased from it is are as reflected in the books and records of such Revolving Loan Secured Party (but without representation or warranty as to the collectabilitycollectibility, validity or enforceability thereof), (b) that such Revolving Loan Secured Party owns the Revolving Loan Obligations Debt being sold by it free and clear of any liens or encumbrances encumbrances, and (c) such Revolving Loan Secured Party has the right to assign the Revolving Loan Obligations Debt being sold by it and the assignment is duly authorized.

Appears in 1 contract

Samples: Loan and Security Agreement (Latrobe Specialty Metals, Inc.)

Representations Upon Purchase and Sale. Such purchase and sale shall be expressly made without representation or warranty of any kind by the Revolving Loan Agent or any Revolving Loan Secured Party Parties as to the Revolving Loan Obligations Debt, the Collateral or otherwise and without recourse to the Revolving Loan Secured Parties; except, that, except that each Revolving Loan Secured Party that is transferring such Revolving Loan Obligations shall represent and warrant, severally severally, as to it: (a) the amount of the Revolving Loan Obligations Debt being purchased from it is are as reflected in the books and records of such Revolving Loan Secured Party (but without representation or warranty as to the collectability, validity or enforceability thereof), (b) that such Revolving Loan Secured Party owns the Revolving Loan Obligations Debt being sold by it free and clear of any liens or encumbrances and (c) such Revolving Loan Secured Party has the right to assign the Revolving Loan Obligations Debt being sold by it and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Frederick's of Hollywood Group Inc /Ny/)

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Representations Upon Purchase and Sale. Such purchase and sale shall be expressly made without representation or warranty of any kind by the Revolving Loan Agent or any Revolving Loan Secured Party as to the Revolving Loan Obligations Debt or otherwise and without recourse to the Revolving Loan Agent and the other Revolving Loan Secured Parties; except, that, each Revolving Loan Secured Party that is transferring such Revolving Loan Obligations Debt shall represent and warrant, severally as to it: (a) the amount of the Revolving Loan Obligations Debt being purchased from it is as reflected in the books and records of such Revolving Loan Secured Party (but without representation or warranty as to the collectability, validity or enforceability thereof), (b) that such Revolving Loan Secured Party owns the Revolving Loan Obligations Debt being sold by it free and clear of any liens or encumbrances and (c) such Revolving Loan Secured Party has the right to assign the Revolving Loan Obligations Debt being sold by it and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Hydrofarm Holdings Group, Inc.)

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