Representations Warranties and Certain Agreements. The Company represents and warrants to, and agrees with, the Placement Agent that:
Representations Warranties and Certain Agreements. (a) Debtor represents and warrants as follows:
Representations Warranties and Certain Agreements. (A) Each of the Company and the Guarantor represents and warrants to the Dealer Manager, and agrees with the Dealer Manager, as follows:
Representations Warranties and Certain Agreements. Except as set forth under the corresponding section of the Disclosure Schedules which Disclosure Schedules shall be deemed a part hereof, the Company hereby makes the representations and warranties set forth below to the Placement Agent.
Representations Warranties and Certain Agreements. Each Fund hereby represents and warrants to Parent that (a) it has all requisite power and authority to execute, deliver and perform this Agreement, (b) the execution, delivery and performance of this Agreement by such Fund has been duly and validly authorized and approved by all necessary action by it and no other proceedings on its of his behalf are necessary therefor, (c) this Agreement has been duly and validly executed and delivered by it and (assuming due execution and delivery of this Agreement, the Merger Agreement and the Limited Guarantee by all the other parties hereto and thereto) constitutes a legal, valid and binding obligation of such Fund, enforceable against such Fund in accordance with its terms, (d) such Fund has, and will have at all times during which this Agreement is in effect, available funds or uncalled capital commitments in an amount not less than its Commitment Amount hereunder, (e) the execution, delivery and performance by such Fund of this Agreement do not violate any applicable Law or such Fund’s organizational documents, and (f) other than any filing by it with the SEC as required by Sections 13(d) or 16(a) of the Exchange Act, none of the execution and delivery of this Agreement by it, the consummation by it of the transactions contemplated hereby or compliance by it with any of the provisions hereof: (i) requires any consent or other permit of, or filing by it with or notification to, any Governmental Entity or any other Person by it except as contemplated by the Merger Agreement, or (ii) results in a violation or breach of, or constitutes (with or without notice or lapse of time or both) a default (or gives rise to any third party right of termination, cancellation, material modification or acceleration) under any of the terms, conditions or provisions of any contract to which it is a party, other than, in each case in this clause (f), any matter which would not adversely affect in any material respect the ability of such Fund to perform its obligations hereunder or consummate the transactions contemplated hereby. Each Fund hereby agrees that it will not cause or permit the redemption or repurchase by Parent or Merger Sub of any securities of Parent or Merger Sub (or any dividend or distribution by Parent or Merger Sub) so long as this Agreement is in effect.
Representations Warranties and Certain Agreements. (a) Pledgor represents and warrants as follows:
Representations Warranties and Certain Agreements. Section 3.1 Representations and Warranties of the Owner Trustee and the Trust Company. Except as set forth in the last sentence of this Section 3.1, the Trust Company, in its individual capacity, represents and warrants that, as of the date hereof:
Representations Warranties and Certain Agreements. The Company represents and warrants to you, and agrees with you, that:
Representations Warranties and Certain Agreements
