BORROWER'S REPRESENTATION Clause Samples

BORROWER'S REPRESENTATION. (1) If the Borrower attaches export L/C or export collection files to apply for loan, it shall entrust the Bank to handle export negotiation or export collection formalities of abovementioned L/C, and agree that the money obtained therefrom or from other exports will be used to repay the principal and interest of the loan first. (2) If the Borrower attaches the foreign order or export contract to apply for loan, it shall agree, upon receipt of the order and letter of credit under the contract or preparing export collection files, to submit the files immediately to the Bank, and handle the ▇▇▇▇ purchased or export collection or other settlement procedures to the Bank in the loan term. The export payment will be used to repay the principal and interest of the loan first. (3) If the Borrower attaches the order or contract of the domestic traders purchasing export products or documents for export cooperation or contract of accepting the processing and export to apply for allocation of loan, the Bank shall require the Borrower to sign the letter of commitment with the domestic payer of above files paying the payables directly to the Bank. The Borrower shall also agree to use the payment to liquidate the principal and interest of the loan first. (4) If the Borrower does not attach export L/C, export collection files, orders, contracts and agreements to apply for allocation of loan, it shall agree to use the payment from export negotiation, export collection or other exports handled in the Bank during loan term to repay the principal and interest of the loan first.

BORROWER'S REPRESENTATION. Each time the Borrowers direct the Offshore Account Holder or the Onshore Account Holder to make a transfer or withdrawal from an Account, they shall be deemed to represent and warrant for the benefit of the Lender that such transfer or withdrawal is being made in an amount, and shall be applied solely for the purposes, permitted by this Agreement. The Offshore Account Holder and the Onshore Account Holder may conclusively rely on, and shall incur no liability in so relying on, any such direction.

BORROWER'S REPRESENTATION. Borrower hereby represents and warrants that it has the requisite power and authority to acknowledge this Agreement, and its acknowledgment does not and will not conflict with or result in a breach of any term or condition of the Loan Agreement.

BORROWER'S REPRESENTATION. In the case where the Borrower accepts a Commitment from an EJV Party, Mezzanine Lender, Preferred Equity Source, and/or any other Lending Source, then Borrower shall indemnify, defend and hold ▇▇▇▇▇▇▇ and its shareholders, directors, officers, contractors and employees harmless from and against any liability, cost, claim, damage or expense resulting from incorrect or incomplete information supplied by Borrower, and the provisions of this sentence shall survive the termination or expiration of this Agreement. The undersigned signatories represent and warrant that they are duly authorized to execute this Agreement on behalf of the undersigned Borrower.

BORROWER'S REPRESENTATION. Borrowers hereby make the following repre▇▇▇▇▇▇▇▇ns and warranties to the Lender and acknowledge that Lender is relying on such representations in making the loan: (a) Borrowers shall have good and marketable title to the Property free and clear of any security interests, liens or encumbrances other than (i) the deed of trust in favor of Bank of America Mortgage Company, as beneficiary, securing the Bank of America Note, and (ii) the deed of trust in favor of Lender, securing this Note; (b) The consent of no other per▇▇▇ ▇▇ entity is required to grant to Lender the security interest in the Property evidenced by the Second Deed of Trust. (c) There are no actions, proceedings, claims or disputes pending or, to the Borrowers' knowledge, threatened against or affecting the Borrowers or the Property. (d) Borrowers have delivered to Lender true, correct and complete copies of all First Loan Documents.

BORROWER'S REPRESENTATION. Each of the Borrowers hereby represents and warrants that, other than as described in this Omnibus Agreement, no Default or Event of Default has occurred and is continuing.

BORROWER'S REPRESENTATION. Each of the Borrowers hereby represents and warrants that the copies of Governmental Approvals previously provided to the Administrative Agent and the copies of Governmental Approvals provided to the Administrative Agent concurrently with the Second Request Letter constitute all of the Governmental Approvals required to be delivered in connection with all previous Borrowings under the Credit Agreement.

BORROWER'S REPRESENTATION