Year 2000 Review. (a) To the knowledge of the Company, the Company and the Subsidiaries will not be materially adversely affected by (i) any failure of the Company's and the Subsidiaries computer hardware, software, firmware or embedded chip technology to be Year 2000 Compliant (as defined in Article X); or (ii) the cost and/or disruption to normal activities caused by work to be carried out to ensure such computer hardware, software or embedded chip technology is year 2000 Compliant; provided, however, Section 3.38(a) of the Company Disclosure Schedule lists any computer hardware, software or embedded chip technology that is not year 2000 Compliant.
Year 2000 Review. The Administrative Agent shall have received and completed the review, with results reasonably satisfactory to the Agents and Lenders, of information confirming that (a) the Borrower and its Subsidiaries are taking all necessary and appropriate steps to ascertain the extent of, and successfully address, business and financial risks facing the Borrower and its Subsidiaries as a result of what is commonly referred to as the "Year 2000 Problem" (i.e., the inability of certain computer applications to recognize correctly and perform date-sensitive functions involving certain dates prior to and after December 31, 1999), including risks resulting from the failure of key vendors and customers of the Borrower and its Subsidiaries to successfully address the Year 2000 Problem, and (b) the Borrower's and its Subsidiaries' material computer applications and those of its key vendors and customers will, on a timely basis, adequately address the Year 2000 Problem in all material respects.
Year 2000 Review. Borrower has reviewed its business and operations and has developed a plan to address on a timely basis the risk that computer applications used by it in performing date sensitive functions and involving dates prior to December 31, 1999 and thereafter might fail to perform such functions properly which failure would reasonably be expected to have a Materially Adverse Effect.
Year 2000 Review. (a) The Company and the Subsidiaries will not, to the Company's knowledge, be materially adversely affected by (i) any failure of the Company's and the Subsidiaries' computer hardware, software, firmware or embedded chip technology to be Year 2000 Compliant (as defined in Article X); or (ii) the cost and/or disruption to normal activities caused by work to be carried out to ensure such computer hardware, software or embedded chip technology is Year 2000 Compliant.
Year 2000 Review. On the basis of a comprehensive review and assessment undertaken by Borrower of Borrower's computer applications and inquiry made of Borrower's material suppliers, vendors and customers Borrower reasonably believes that the "Year 2000 problem" (that is, the risk that computer applications used by any person may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999) will not result in a material adverse change in the operations, business, properties, or condition (financial or otherwise) of the Borrower.
Year 2000 Review. Each Borrower and Subsidiary has taken, or will take, in a timely manner, and in all events on or before December 31, 1999, all necessary action to assure that each such Borrower or Subsidiary will be Year 2000 Compliant. As used in this Agreement, "Year 2000 Compliant" shall mean, in regard to any entity, that all software, hardware, firmware, equipment, goods or systems utilized by or material to the business operations or financial condition of such entity, will properly perform date-sensitive functions before, during and after the year 2000. The Bank shall have received, with respect to Eltrax, Nordata and Four Corners, an internally-prepared assessment of Year-2000 risk and a compliance plan, which addresses hardware, software and telecom inventories, customer and vendor communication, vendor preparedness, status of new hardware and software for Borrowers' own critical systems including financial and managerial accounting systems and internal communications, together with a budget and timeline for the installation of any new software or hardware to be acquired in respect of any Year-2000 problem. The Bank shall have received, with respect to Encore, GSS and Five Star, an assessment of Year-2000 risk and a compliance plan prepared by a third-party consultant, which assesses each proprietary software product, associated software tools whether owned or licensed by Encore and their respective hardware platforms and is accompanied by evidence that each such product has been thoroughly tested and found to work properly in an environment which accurately simulates a post-December 31, 1999 environment.
Year 2000 Review. Guarantor has reviewed its business and ---------------- operations and has developed a plan to address on a timely basis the risk that computer applications used by it in performing date sensitive functions and involving dates prior to December 31, 1999 and thereafter might fail to perform such functions properly which failure could reasonably be expected to have a Materially Adverse Effect.
Year 2000 Review. Borrower represents and warrants to the Lender that (a) it and its Subsidiaries have reviewed the effect of the Year 2000 Issue on the computer software, hardware, and firmware systems and equipment containing embedded microchips owned or operated by or for Borrower and its Subsidiaries or used or relied upon in the conduct of their business (including systems and equipment supplied by others or with which such computer systems of Borrower and its Subsidiaries interface) and (b) the costs to Borrower and its Subsidiaries of any reprogramming required as a result of the Year 2000 Issue to permit the proper functioning of such systems and equipment and the proper processing of data, and the testing of such reprogramming, and of the reasonably foreseeable consequences of the Year 2000 Issue to Borrower or any of its subsidiaries (including reprogramming errors and the failure of systems or equipment supplied by others), are not reasonably expected to result in a Default or Event of Default or to have a material adverse effect on the business, assets, operations, prospects, or condition (financial or otherwise) of Borrower or its Subsidiaries.
