Additional Warranties and Representations. To induce Agent and Banks to enter into this Agreement, in addition to the representations and warranties set forth in the Loan Documents and the other instruments, agreements and documents otherwise referred to herein, Company Affiliates severally and collectively represent and warrant to Agent and Banks that: (A) Each Company Affiliate has the corporate power, authority and capacity to enter into and perform its liabilities and obligations under this Agreement and all related instruments, agreements and documents, and to incur the indebtedness herein and therein provided for, and has taken all proper and necessary corporate action to authorize the execution, delivery and performance of this Agreement and related instruments, agreements and documents; (B) This Agreement is valid, binding and enforceable against Company Affiliates in accordance with its terms; and (C) No consent, approval or authorization of, or filing, registration or qualification with, any person or entity (including, without limitation, any shareholder or creditor of any Company Affiliates) is required to be obtained by any Company Affiliate in connection with the execution and delivery of this Agreement or any related instrument, agreement or document, or undertaking or performance of any obligation hereunder or thereunder.
Appears in 1 contract
Sources: Forbearance Agreement (Imagemax Inc)
Additional Warranties and Representations. To induce Agent and Banks to enter into this Agreementinto, in addition to the representations and warranties set forth in the Loan Documents and the other instruments, agreements and documents otherwise referred to herein, Company Affiliates severally and collectively represent and warrant to Agent and Banks that:
(A) Each Company Affiliate has the corporate power, authority and capacity to enter into and perform its liabilities and obligations under this Agreement and all related instruments, agreements and documents, and to incur the indebtedness herein and therein provided for, and has taken all proper and necessary corporate action to authorize the execution, delivery and performance of this Agreement and related instruments, agreements and documents;
(B) This Agreement Amendment is valid, binding and enforceable against Company Affiliates in accordance with its terms; and
(C) No consent, approval or authorization of, or filing, registration or qualification with, any person or entity (including, without limitation, any shareholder or creditor of any Company Affiliates) is required to be obtained by any Company Affiliate in connection with the execution and delivery of this Agreement or any related instrument, agreement or document, or undertaking or performance of any obligation hereunder or thereunder.
Appears in 1 contract
Sources: Forbearance Agreement (Imagemax Inc)