Common use of Confirmation of Representations and Warranties Clause in Contracts

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date), and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 9 contracts

Samples: Loan and Security Agreement (Allion Healthcare Inc), Loan and Security Agreement (Allion Healthcare Inc), Loan and Security Agreement (Allion Healthcare Inc)

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Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)correct, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity, except as identified in Schedule 1.39 and Schedule 4.19 to the Loan Agreement, each as updated, and as otherwise permitted pursuant to the Loan Agreement.

Appears in 6 contracts

Samples: Loan and Security Agreement (Ensign Group, Inc), Loan and Security Agreement (Ensign Group, Inc), Loan and Security Agreement (Ensign Group, Inc)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)all material respects, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 4 contracts

Samples: Loan and Security Agreement (Correctional Services Corp), Loan and Security Agreement (Correctional Services Corp), Loan and Security Agreement (Correctional Services Corp)

Confirmation of Representations and Warranties. Each Borrower of the Continuing Borrowers hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)Continuing Borrowers, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 2 contracts

Samples: Mortgage Loan Agreement (Sunlink Health Systems Inc), Loan and Security Agreement (Sunlink Health Systems Inc)

Confirmation of Representations and Warranties. Each of the entities comprising Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)Borrower, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 2 contracts

Samples: Mortgage Loan Agreement (Sunlink Health Systems Inc), Mortgage Loan Agreement (Sunlink Health Systems Inc)

Confirmation of Representations and Warranties. Each entity comprising Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)entity, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien (other than Permitted Liens) or security interest in favor of any other person or entity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lasersight Inc /De), Loan and Security Agreement (Lasersight Inc /De)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)entity, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Allion Healthcare Inc), Loan and Security Agreement (Allion Healthcare Inc)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are continue to be true and correct with respect to such entity (as of the date hereof, except to the extent such representation or warranty relates representations and warranties by their terms expressly relate only to a particular date, prior date (in which case, case such confirmation relates to representations and warranties shall be true and correct as of such prior date), and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 2 contracts

Samples: Loan Documents (Nimblegen Systems Inc), Loan Documents (Nimblegen Systems Inc)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)correct, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity, except as identified in Schedule 1.38 and Schedule 4.19 to the Loan Agreement, each as updated, and as otherwise permitted pursuant to the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Confirmation of Representations and Warranties. Each entity comprising Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)Borrower, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entityentity other than Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Trizetto Group Inc)

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Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)correct, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Correctional Services Corp)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to as of the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)date hereof, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Digirad Corp)

Confirmation of Representations and Warranties. Each entity comprising Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)entity, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Lasersight Inc /De)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)correct, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity, except as identified in Schedule 1.39 and Schedule 4.19 to the Loan Agreement, and as otherwise permitted pursuant to the Loan Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms ----------------------------------------------- that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to as of the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)date hereof, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity.

Appears in 1 contract

Samples: Loan and Security Agreement (Gish Biomedical Inc)

Confirmation of Representations and Warranties. Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date)Borrower, and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its respective Collateral, free and clear of any lien or security interest in favor of any other person or entity, except for Permitted Liens.

Appears in 1 contract

Samples: Loan and Security Agreement (Idx Systems Corp)

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