Year 2000 Representation. The Credit Agreement is hereby amended by the addition of the following new Section 4.27:
Year 2000 Representation. All software, firmware, hardware, equipment, microprocessing chips and other data processing devices and services (both as a recipient and as a provider), capabilities and facilities utilized by, and material to the business operations or financial condition of, the Company are or will be able to record and process all calendar dates (whether before, in or after the year 2000) correctly with four-digit year processing and will be able to communicate with other applicable systems to accept two-digit year date data in a manner that resolves any ambiguities as to century in a properly defined manner (collectively, "Year 2000 Compliant").
Year 2000 Representation. (a) The Fund and PFPC acknowledge that the ability of each party to perform its obligations hereunder may depend upon the ability of certain of such party's computer system/applications to recognize and perform properly date-sensitive functions involving dates prior to and after December 31, 1999, including leap year calculations (the "Year 2000 Change"). Each party represents to the others that (i) each is reviewing those operations within such party's organization involved in the Services described herein and which could be adversely affected by the Year 2000 Change and is developing or has developed a program to remediate or replace affected applications/systems on a timely basis, and to test such remediation or replacement on a timely basis and (ii) that based upon the foregoing, to the best of each party's knowledge and belief, the Year 2000 Change will not have a material adverse affect on the ability of such party to perform hereunder.
(b) The Fund and PFPC agree to contact any third-party vendors involved in their respective performance under this Agreement to determine such vendors' strategies and time-lines regarding the Year 2000 Change and to communicate such information to the other parties to this Agreement.
Year 2000 Representation. Any reprogramming required to permit ------------------------ the proper functioning, in and following the year 2000, of (i) the Borrower's and its Subsidiaries' computer systems and (ii) equipment containing embedded microchips (including systems and equipment supplied by others or with which the Borrower's and its Subsidiaries' systems interface) and the testing of all such systems and equipment, as so reprogrammed, will be completed by November 15, 1999, except to the extent the failure to complete such reprogramming would not reasonably be expected to result in a Default, an Event of Default or a Material Adverse Effect. The cost to the Borrower and its Subsidiaries of such reprogramming and testing and of the reasonably foreseeable consequences of year 2000 to the Borrower and its Subsidiaries (including, without limitation, reprogramming errors and the failure of others' systems or equipment) could not reasonably be expected to result in a Default, an Event of Default or a Material Adverse Effect. Except for such of the reprogramming referred to in the preceding sentence as may be necessary, the computer and management information systems of the Borrower and its Subsidiaries are and, with ordinary course upgrading and maintenance, will continue for the term of this Agreement to be, sufficient to permit the Borrower and its Subsidiaries to conduct their respective businesses without a Material Adverse Effect.
Year 2000 Representation. FMFS hereby represents and warrants that it does not anticipate that the "Year 2000 Problem" will have a material impact on its ability to perform its duties under this Agreement. The "Year 2000 Problem" refers to the inability of computer systems to properly process and calculate date- related information and data from and after January 1, 2000.
Year 2000 Representation. Custodian hereby represents and warrants that it does not anticipate that the "Year 2000 Problem" will have a material impact on its ability to perform its duties under this Agreement. The "Year 2000 Problem" refers to the inability of computer systems to properly process and calculate date-related information and data from and after January 1, 2000.
Year 2000 Representation. No technology owned, developed or licensed by the Company or used in connection with the business (including, but not limited to, information systems and technology, commercial and noncommercial hardware and software, firmware, mechanical or electrical products, embedded systems, or any other electro-mechanical or processor-based system, whether as part of a desktop system, office system, building system or otherwise) (collectively, the "TECHNOLOGY") will experience any malfunctions, premature cancellation or expiration of contractual rights or deletion of data, or any other problems in connection with (i) the year 2000 (and all subsequent years) as distinguished from 1900 years, (ii) the date February 29, 2000, and all subsequent leap years, and (iii) the date September 9, 1999, except where such problems, either individually or in the aggregate, would not have a Material Adverse Effect on the Business.
Year 2000 Representation. The Borrower (i) has undertaken a review of the areas within its respective businesses and operations and those of its subsidiaries that could be adversely affected by the Year 2000 Problem, (ii) has developed a plan to address the Year 2000 Problem and (iii) is taking actions necessary to meet the schedule and the goals of its plan to address the Year 2000 Problem and such actions have not had, or could not reasonably be expected to have, a Material Adverse Effect.
Year 2000 Representation. Any reprogramming required to permit the proper functioning, in and following the year 2000, of (i) the Borrower's computer systems and (ii) equipment containing embedded microchips (including systems and equipment supplied by others or with which the Borrower's and its Subsidiaries' systems interface) and the testing of all such systems and equipment, as so reprogrammed, will be completed by January 1, 1999. The cost to the Borrower of such reprogramming and testing and of the reasonably foreseeable consequences of year 2000 to the Borrower (including, without limitation, reprogramming errors and the failure of others' systems or equipment) could not reasonably be expected to have a material adverse effect on the ability of the Credit Parties to perform their respective obligations to the Agents and the Banks or could not reasonably be expected to have a material adverse effect on the business, operations, property, assets, liabilities, condition (financial or otherwise) or prospects of the Borrower or of the Borrower and its Subsidiaries taken as a whole.
Year 2000 Representation. On the basis of a comprehensive review and assessment of Lessee's systems and equipment and inquiry made of Lessee's material suppliers, vendors and customers, Lessee's management is of the view that the "Year 2000 problem" (that is, the inability of computers, as well as embedded microchips in non-computing devices, to perform properly date-sensitive functions with respect to certain dates prior to and after December 31, 1999), including costs of remediation, will not result in a material adverse change in the operations, business, properties, condition (financial or otherwise) of Lessee. Lessee has developed feasible contingency plans adequately to insure uninterrupted and unimpaired business operation in the event of failure of its own or a third party's systems or equipment due to the Year 2000 problem, including those of vendors, customers, and suppliers, as well as a general failure of or interruption in its communications and delivery infrastructure. The parties hereto have executed this Appendix as of the day and year first above written. TRANSIT HOLDING, INC. TAG MEX, INC. By: /s/ [ILLEGIBLE] By: /s/ [ILLEGIBLE] --------------------------- --------------------------- Title: Vice President Title: Chief Operating Officer ------------------------ ------------------------ By: By: --------------------------- --------------------------- Title: Title: ------------------------ ------------------------ Address: 000 Xxxxxxxxxx Xxxxxx, Address: 0000 Xxxxxxxxxx Xxxx. 0xx Xxxxx Xxx Xxxxxxx, XX 00000 Xxx Xxxxxxxxx, XX 00000 Attn: Xxxxxxx Xxxx Attn: Contract Administration Facsimile No.: (000) 000-0000 Facsimile No.: (000) 000-0000 Lease No. 16501 FIRST AMENDMENT TO LEASE entered into as of November 23, 1999 by and between TRANSIT HOLDING, INC., with its principal office at 000 Xxxxxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 ("Lessor") and TAG MEX, INC., a California corporation ("Lessee") with reference to the following: Lessor and Lessee have entered into Appendix No. 1 dated November 3, 1999, to Lease Intended As Security Agreement dated as of November 3, 1999 (together, the "Lease"; all defined terms therein not otherwise defined herein being used with their meanings as defined therein); and Lessor and Lessee now desire to amend the Lease as hereinafter set forth:
