Common use of The Assignor Clause in Contracts

The Assignor. The Assignor represents and warrants that (i) it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof the amount of its Revolving Commitment and outstanding Revolving Loans is as set forth in Item 4 of Annex I, (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, and (v) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto, and (vi) makes no representation or warranty and assumes no responsibility with respect to the financial condition of the Consolidated Entities or the performance or observance by the Consolidated Entities of any of their respective obligations under the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto.

The Assignor. The Assignor (i) represents and warrants that as of the date hereof its Commitment (iwithout giving effect to assignments thereof which have not yet become effective) is $______________ [and its Maximum Canadian Commitment Amount is $___________]9 / and the aggregate outstanding principal amount (including the face amount of Acceptances) of Advances owing to it (without giving effect to assignments thereof which have not yet become effective is $_____________; (ii) represents and warrants that it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) hereunder and that such interest is free and clear of any lien, encumbrance or other adverse claim, ; (iii) as of the date hereof the amount of its Revolving Commitment and outstanding Revolving Loans is as set forth in Item 4 of Annex I, (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, and (v) except as set forth in clauses (i)-(iv) above, makes make no representation or warranty and assumes no responsibility with respect to any statements, warranties warranties, or representations made in or in connection with the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto Agreement or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Document Agreement or any other instrument or document furnished pursuant thereto, and ; (viiv) makes no representation or warranty and assumes no responsibility with respect to the financial condition of the Consolidated Entities Company or the Canadian Borrowers or the performance or observance by the Consolidated Entities Company or the Canadian Borrowers of any of their respective obligations under the Credit Agreement, any other Credit Document Agreement or any other instrument or document furnished pursuant thereto.

The Assignor. The Assignor represents and warrants that (i) it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof its [Lender] [Certificate Holder] Commitment (without giving effect to assignments thereof which have not yet become effective) is $[_____________], and the amount outstanding aggregate principal balance of its Revolving Commitment and outstanding Revolving Loans [Loans] [Certificate Holder Amounts] (without giving effect to assignments thereof which have not yet become effective) is as set forth in Item 4 of Annex I, (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, $_____________] and (vb) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility (i) with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished pursuant thereto or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto, except that it represents and warrants that it is the legal and beneficial owner of the interests being assigned by it hereunder and that such interests are free and clear of adverse claims, and (viii) makes no representation or warranty and assumes no responsibility with respect to the financial condition position of the Consolidated Entities Lessee or the Guarantor or the performance or observance by the Consolidated Entities Lessee or the Guarantor of any of their respective obligations under the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto.

The Assignor. The Assignor (a) represents and warrants that (i) it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof its [Lender][Lessor] Commitment (without giving effect to assignments thereof which have not yet become effective) is $[_______], and the amount outstanding aggregate principal balance of its Revolving Commitment and outstanding Revolving Loans [Loans][Lessor Amounts] (without giving effect to assignments thereof which have not yet become effective) is as set forth in Item 4 of Annex I, (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, $[_______] and (vb) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility (i) with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished pursuant thereto or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto, except that it represents and warrants that it is the legal and beneficial owner of the interests being assigned by it hereunder and that such interests are free and clear of adverse claims, and (viii) makes no representation or warranty and assumes no responsibility with respect to the financial condition position of the Consolidated Entities Representative, Lessee or any Guarantor or the performance or observance by the Consolidated Entities Representative, any Lessee or any Guarantor of any of their 122 respective obligations under the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto.

The Assignor. The Assignor (a) represents and warrants that (i) it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof its [Lender] [Lessor] Commitment (without giving effect to assignments thereof which have not yet become effective) is $[___________ ], and the amount outstanding aggregate principal balance of its Revolving Commitment and outstanding Revolving Loans [Loans] [Lessor Amounts] (without giving effect to assignments thereof which have not yet become effective) is as set forth in Item 4 of Annex I, (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, $ _____________] and (vb) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility (i) with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished pursuant thereto or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto, except that it represents and warrants that it is the legal and beneficial owner of the interests being assigned by it hereunder and that such interests are free and clear of adverse claims, and (viii) makes no representation or warranty and assumes no responsibility with respect to the financial condition position of the Consolidated Entities Lessee or the Guarantor or the performance or observance by the Consolidated Entities Lessee or the Guarantor of any of their respective obligations under the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto.

The Assignor. The Assignor (i) represents and warrants that as of the date hereof its Commitment (iwithout giving effect to assignments thereof which have not yet become effective) is $_____; and the aggregate outstanding principal amount of Loans owing to it (without giving effect to assignments thereof which have not yet become effective) is $______; (ii) represents and warrants that it is duly authorized to execute this Assignment and Acceptance (iii) represents and warrants that it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) hereunder and that such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof the amount of its Revolving Commitment and outstanding Revolving Loans is as set forth in Item 4 of Annex I, ; (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, and (v) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto Agreement or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto, ; and (viv) makes no representation or warranty and assumes no responsibility with respect to the financial condition of the Consolidated Entities Company or the performance or observance by the Consolidated Entities Company of any of their respective its obligations under the Credit Agreement, any other Credit Document Agreement or any other instrument or document furnished pursuant thereto.

The Assignor. The Assignor represents and warrants that (i) it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof its [Lender] [Certificate Holder] Commitment (without giving effect to assignments thereof which have not yet become effective) is $[_____________], and the amount outstanding aggregate principal balance of its Revolving Commitment and outstanding Revolving Loans [Loans] [Certificate Holder Amounts] (without giving effect to assignments thereof which have not yet become effective) is as set forth in Item 4 of Annex I, (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, $_____________] and (vb) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility (i) with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished pursuant thereto or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto, except that it represents and warrants that it is the legal and beneficial owner of the interests being assigned by it hereunder and that such interests are free and clear of adverse claims, and (viii) makes no representation or warranty and assumes no responsibility with respect to the financial condition position of the Consolidated Entities Lessee or any Guarantor or the performance or observance by the Consolidated Entities Lessee or any Guarantor of any of their respective obligations under the Credit Agreement, any other Credit Operative Document or any other instrument or document furnished thereunder or pursuant thereto.

The Assignor. The Assignor (i) represents and warrants that as of the date hereof its Commitment (iwithout giving effect to assignments thereof which have not yet become effective) is $_____; and the aggregate outstanding principal amount of Loans owing to it (without giving effect to assignments thereof which have not yet become effective) is $______; (ii) represents and warranties that it is duly authorized to execute this Assignment and Acceptance; (iii) represents and warrants that it is the legal and beneficial owner of the interest being assigned by it hereunder, (ii) hereunder and that such interest is free and clear of any lien, encumbrance or other adverse claim, (iii) as of the date hereof the amount of its Revolving Commitment and outstanding Revolving Loans is as set forth in Item 4 of Annex I, ; (iv) it has full power and authority, and has taken all action necessary, to execute and deliver this Assignment and Assumption and to consummate the transactions contemplated hereby, and (v) except as set forth in clauses (i)-(iv) above, makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto Agreement or the execution, legality, validity, enforceability, genuineness, sufficiency or value of the Credit Agreement, any other Credit Document or any other instrument or document furnished pursuant thereto, ; and (viv) makes no representation or warranty and assumes no responsibility with respect to the financial condition of the Consolidated Entities Company or the performance or observance by the Consolidated Entities Company of any of their respective its obligations under the Credit Agreement, any other Credit Document Agreement or any other instrument or document furnished pursuant thereto.