Representations and Warranties Relating to the Borrower Clause Samples
The 'Representations and Warranties Relating to the Borrower' clause sets out specific statements and assurances made by the borrower regarding their legal status, authority, financial condition, and other relevant facts at the time of entering into the agreement. Typically, this clause requires the borrower to confirm that they are duly organized, have the power to enter into the contract, and that there are no undisclosed liabilities or legal issues that could affect the agreement. Its core function is to provide the lender with confidence in the borrower's reliability and to allocate risk by making the borrower responsible for the truthfulness of these statements.
Representations and Warranties Relating to the Borrower. As of the Effective Date and each Certification Date, the Borrower represents and warrants to the Lender and the Hedge Counterparty that:
Representations and Warranties Relating to the Borrower. 29 Section 6.02 Representations and Warranties of TFC ................................... 34
Representations and Warranties Relating to the Borrower. As of the Effective Date and each Certification Date, each of TFC and the Borrower represents and warrants to the Lender, the Hedge Counterparty and the Insurer that:
Representations and Warranties Relating to the Borrower. Section 6.02 Representations and Warranties of LEAF ..........................29 Section 6.03 Representations and Warranties of the Servicer ..................34 Article VII COVENANTS
Representations and Warranties Relating to the Borrower. Borrower represents and warrants to Buyer that the representations and warranties of Borrower contained in this Section 3 shall be true, correct, and complete in all material respects as of the Effective Date, the Closing Date and as of each applicable Milestone Closing, except for such representations and warranties that speak to an earlier date, which shall remain true and correct as of such earlier date. Except for the listing of this Agreement, any other Transaction Documents, any Joint Venture Agreements or the Termination, Surrender and Release Agreement, nothing in the Borrower Disclosure Schedule shall be deemed adequate to disclose an exception to a representation or warranty made herein unless the Borrower Disclosure Schedule identifies the exception with reasonable particularity and describes the relevant facts in reasonable detail. Without limiting the generality of the foregoing, except for the listing of this Agreement, any other Transaction Documents, any Joint Venture Agreements or the Prior Development Agreements, the mere listing (or inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made herein (unless the representation or warranty has to do with the existence of the document or other item itself). The Borrower Disclosure Schedule will be arranged in paragraphs corresponding to the numbered paragraphs contained in this Section 3.