Common use of Representation & Warranties Clause in Contracts

Representation & Warranties. Borrower and Guarantors (including TMCI) hereby represent and warrant, which representations and warranties shall survive until all Obligations are paid and satisfied in full, as follows: (A) All representations and warranties of Borrower and Guarantors set forth in the Loan Documents are true and complete in all material respects as of the date hereof. Borrower and Guarantors will certify and deliver to Agent revised Schedules to the Loan Documents on or before May 5, 2000 reflecting any new or revised facts or circumstances. Borrower and Guarantors represent and warrant to Lenders that all of such revised facts and circumstances have been previously disclosed to Lenders verbally by Borrower and in no way are likely to result in any Material Adverse Change. (B) Upon the execution of this Amendment, no condition or event exists or has occurred which would constitute an event of default under the Loan Documents or under any other agreement between Borrower, any Guarantor and any other third party (or would, upon the giving of notice or the passage of time, or both constitute an event of default). (C) Borrower has not received any notice of default or event of default from any other lender, trustee or lessor with respect to any other loan, financing or lease agreement. (D) The execution and delivery of this Amendment by Borrower and Guarantors and all documents and agreements to be executed and delivered pursuant to the terms hereof: (I) have been duly authorized by all requisite corporate action by Borrower and by each Guarantor; (II) will not conflict with or result in the breach of or constitute a default (upon the passage of time, delivery of notice or both) under Borrower's or any Guarantor's Articles of Incorporation, By-Laws or any applicable statute, law, rule, regulation or ordinance or any indenture, mortgage, loan or other document or agreement to which Borrower or any Guarantor is a party or by which any of them is bound or affected; and (III) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Borrower or any Guarantor, except liens in favor of the Agent or as permitted hereunder or under the Loan Documents.

Representation & Warranties. Borrower Borrowers and Guarantors (including TMCI) hereby represent and warrant, which representations and warranties shall survive until all Obligations are paid and satisfied in full, as follows: (Aa) All representations and warranties of Borrower and Guarantors set forth in the Loan Documents are true and complete in all material respects as of the date hereof. Borrower and Guarantors will certify and deliver to Agent revised Schedules to the Loan Documents on or before May 5, 2000 reflecting any new or revised facts or circumstances. Borrower and Guarantors represent and warrant to Lenders that all of such revised facts and circumstances have been previously disclosed to Lenders verbally by Borrower and in no way are likely to result in any Material Adverse Change. (Bb) Upon the execution of this Amendment, no No condition or event exists or has occurred which would constitute an event of default under the Loan Documents or under any other agreement between Borrower, any Guarantor and any other third party (or would, upon the giving of notice or the passage of time, or both constitute an event of default). (Cc) Borrower has not received any notice of default or event of default from any other lender, trustee or lessor with respect to any other loan, financing or lease agreement. (Dd) The execution and delivery of this Amendment Agreement by Borrower and Guarantors and all documents and agreements to be executed and delivered pursuant to the terms hereof: (Ii) have been duly authorized by all requisite corporate action by Borrower and by each Guarantor; (IIii) will not conflict with or result in the breach of or constitute a default (upon the passage of time, delivery of notice or both) under Borrower's or any Guarantor's Articles of Incorporation, By-Laws or any applicable statute, law, rule, regulation or ordinance or any indenture, mortgage, loan or other document or agreement to which Borrower or any Guarantor is a party or by which any of them is bound or affected; and (IIIiii) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Borrower or any Guarantor, except liens in favor of the Agent or as permitted hereunder or under the Loan Documents.*

Representation & Warranties. Borrower and Guarantors (including TMCI) hereby represent and warrant, which representations and warranties shall survive until all Obligations are paid and satisfied in full, as follows: (A) All representations and warranties of Borrower and Guarantors set forth in the Loan Documents are true and complete in all material respects as of the date hereof. Borrower and Guarantors will certify and deliver to Agent revised Schedules to the Loan Documents on or before May 5, 2000 reflecting any new or revised facts or circumstances. Borrower and Guarantors represent and warrant to Lenders that all of such revised facts and circumstances have been previously disclosed to Lenders verbally by Borrower and in no way are likely to result in any Material Adverse Change. (B) Upon the execution of this Amendment, no condition or event exists or has occurred which would constitute an event of default under the Loan Documents or under any other agreement between Borrower, any Guarantor and any other third party (or would, upon the giving of notice or the passage of time, or both constitute an event of default). (C) Borrower has not received any notice of default or event of default from any other lender, trustee or lessor with respect to any other loan, financing or lease agreement. (D) The execution and delivery of this Amendment by Borrower and Guarantors and all documents and agreements to be executed and delivered pursuant to the terms hereof: (I) have been duly authorized by all requisite corporate action by Borrower and by each Guarantor; (II) will not conflict with or result in the breach of or constitute a default (upon the passage of time, delivery of notice or both) under Borrower's or any Guarantor's Articles of Incorporation, By-Laws or any applicable statute, law, rule, regulation or ordinance or any indenture, mortgage, loan or other document or agreement to which Borrower or any Guarantor is a party or by which any of them is bound or affected; and (III) will not result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or assets of Borrower or any Guarantor, except liens in favor of the Agent or as permitted hereunder or under the Loan Documents.