Representations, Warranties and Covenant. 15.1 Each Party hereby represents and warrants to the other Party that this Agreement constitutes a legal, valid and binding obligation of such Party, enforceable against such Party in accordance with its terms except to the extent that its enforceability may be limited by bankruptcy, insolvency, moratorium or other similar laws affecting the rights of creditors generally and by general principles of equity; and
Representations, Warranties and Covenant. (GENERAL REPRESENTATIONS, WARRANTIES AND COVENANNTS)
Representations, Warranties and Covenant. Each Borrower hereby represents, warrants and covenants to the Agent and each Lender that:
Representations, Warranties and Covenant. Section 4.1 Representations and Warranties of the ARC Funds 11 Section 4.2 Representations and Warranties of the Company 11
Representations, Warranties and Covenant. The two parties make the following representations, warranties and covenants and sign this agreement accordingly:
Representations, Warranties and Covenant. The Borrowers hereby certify to the Lenders that as of the date of this Amendment and as of the Effective Date (after giving effect to this Amendment) all of the Borrowers’ representations and warranties contained in the Credit Agreement and each of the Loan Documents are true, accurate and complete, and no “Default” or “Event of Default” exists under (and as defined in) the Credit Agreement or any of the Loan Documents. Without limiting the generality of the foregoing, each Borrower represents and warrants that (i) the execution and delivery of this Amendment has been authorized by all necessary action on the part of such Borrower, (ii) the person executing this Amendment on behalf of such Borrower is duly authorized to do so, and (iii) this Amendment constitutes the legal, valid, binding and enforceable obligation of such Borrower, enforceable against such Borrower in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law. On or prior to September 30, 2009, Borrowers shall deliver or cause to be delivered to the Agents and the Lenders a favorable written opinion (addressed to the Agents and the Lenders and dated the Effective Date) of Rassers Advocaten en Notarissen, Dutch counsel for the Loan Parties, covering such matters relating to the Loan Parties and this Amendment as the Agents shall reasonably request and in form and substance reasonably satisfactory to the Agents.
Representations, Warranties and Covenant. TEPPCO shall have performed, satisfied, and complied with, in all material respects, all covenants and agreements required by this Agreement to be performed, satisfied, or complied with by it on or before the date of Closing. All representations and warranties of TEPPCO attached as Exhibit K to this Agreement or in any certificate, delivered to Dreyfus by or on behalf of TEPPCO under this Agreement shall be true and correct, in all material respects, on and as of the date of Closing with the same force and effect as though they had been made on such date. Dreyfus shall have received a certificate, dated as of the date of Closing, signed by the President or Vice President of the general partner of TEPPCO certifying the matters set forth in this subsection.
Representations, Warranties and Covenant. For any and all purposes solely under this Italian Supplement, Section 3 of the Pledge Agreement shall be deleted in its entirety and replaced with the following text:
Representations, Warranties and Covenant. The Guarantor represents and warrants to the Beneficiary, with respect to the matters set forth in Sections 3.01 through 3.05, and covenants to the Beneficiary as set forth in Section 3.06, that:
Representations, Warranties and Covenant. The Pledgor acknowledges and agrees that the Secured Party is relying on the representations, warranties and covenants in the Loan Documents as a condition precedent to the Secured Party's extension of the Loan and that all such representations, warranties and covenants shall survive the execution and delivery of the Loan Documents, and any bankruptcy, insolvency or similar proceedings. The Pledgor hereby represents and warrants to the Secured Party and covenants for the benefit of the Secured Party as follows:
