Common use of Representations, Warranties and Covenants of the Borrowers Clause in Contracts

Representations, Warranties and Covenants of the Borrowers. Each Borrower hereby represents and warrants that as of the date of this Amendment and after giving effect hereto (a) no event has occurred and is continuing which, after giving effect to this Amendment, constitutes a Default or an Event of Default, (b) the representations and warranties of such Borrower contained in the Loan Agreement and the other Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct in all material respects as of such earlier date, (c) the execution and delivery by such Borrower of this Amendment and the performance by such Borrower of the Loan Agreement, as amended by this Amendment, are within such Borrower’s corporate powers and have been duly authorized by all necessary action, (d) this Amendment and the Loan Agreement, as amended by this Amendment, are legal, valid, and binding obligations of such Borrower enforceable against such Borrower in accordance with their terms, and (e) the execution and delivery by such Borrower of this Amendment and the performance by such Borrower of the Loan Agreement, as amended by this Amendment, do not require the consent of any Person (other than that which has been obtained) and do not contravene the terms of such Borrower’s Organic Documents, any Restrictive Agreement or any other indenture, agreement, or undertaking to which such Borrower is a party or by which such Borrower or any of its property is bound.

Representations, Warranties and Covenants of the Borrowers. Each Borrower hereby represents and warrants that as of the date of this Amendment Agreement and after giving effect hereto (a) no event has occurred and is continuing which, after giving effect to this AmendmentAgreement, constitutes a Default or an Event of Default, (b) the representations and warranties of such Borrower contained in the Loan Agreement and the other Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct in all material respects as of such earlier date, (c) the execution and delivery by such Borrower of this Amendment Agreement and the performance by such Borrower of the Loan Agreement, as amended modified by this AmendmentAgreement, are within such Borrower’s corporate powers and have been duly authorized by all necessary action, (d) this Amendment Agreement and the Loan Agreement, as amended modified by this AmendmentAgreement, are legal, valid, and binding obligations of such Borrower enforceable against such Borrower in accordance with their terms, except as enforceability may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally, and (e) the execution and delivery by such Borrower of this Amendment Agreement and the performance by such Borrower of the Loan Agreement, as amended modified by this AmendmentAgreement, do not require the consent of any Person (other than that which has been obtained) and do not contravene the terms of such Borrower’s Organic Documents, any Restrictive Agreement or any other indenture, agreement, or undertaking to which such Borrower is a party or by which such Borrower or any of its property is bound.

Representations, Warranties and Covenants of the Borrowers. Each Borrower The Borrowers hereby represents represent and warrants warrant that as of the date of this Amendment and after giving effect hereto (a) no event has occurred and is continuing which, after giving effect to this Amendment, constitutes a Default or an Event of Default, (b) the representations and warranties of such Borrower the Obligors contained in the Loan Agreement and the other Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on CH\1005392.6 and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct in all material respects as of such earlier date, (c) the execution and delivery by such Borrower the Borrowers of this Amendment and the performance by such Borrower the Obligors of the Loan Agreement, as amended by this Amendment, are within such Borrower’s their respective corporate powers and have been duly authorized by all necessary action, (d) this Amendment and the Loan Agreement, as amended by this Amendment, are legal, valid, and binding obligations of such Borrower the Obligors enforceable against such Borrower the Obligors in accordance with their terms, and (e) the execution and delivery by such Borrower the Borrowers of this Amendment and the performance by such Borrower the Obligors of the Loan Agreement, as amended by this Amendment, do not require the consent of any Person (other than that which has been obtained) and do not contravene the terms of such Borrowerany Obligor’s Organic Documents, any Restrictive Agreement or any other indenture, agreement, or undertaking to which such Borrower any Obligor is a party or by which such Borrower any Obligor or any of its property is bound.