Common use of Representations by Borrower Clause in Contracts

Representations by Borrower. Each Borrower represents: (a) that the execution and delivery of this note and the performance of the obligations it imposes do not violate any law, conflict with any agreement by which it is bound, or require the consent or approval of any governmental authority or any third party; (b) that this note is a valid and binding agreement, enforceable according to its terms; and (c) that all balance sheets, profit and loss statements, and other financial statements furnished to the Bank are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, other than a natural person, further represents: (a) that it is duly organized, existing and in good standing pursuant to the laws under which it is organized; and (b) that the execution and delivery of this note and the performance of the obligations it imposes (i) are within its powers and have been duly authorized by all necessary action of its governing body; and (ii) do not contravene the terms of its articles of incorporation or organization, its by laws, or any partnership, operating or other agreement governing its affairs.

Appears in 6 contracts

Samples: Credit Authorization Agreement (Perceptron Inc/Mi), Credit Authorization Agreement (Interface Systems Inc), Credit Authorization Agreement (Interface Systems Inc)

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Representations by Borrower. Each Borrower representsrepresents that: (a) that the execution and delivery of this note Note and the performance of the obligations it imposes do not violate any law, conflict with any agreement by which it is bound, or require the consent or approval of any governmental authority or any other third party; (b) that this note Note is a valid and binding agreement, enforceable according to its terms; and (c) that all balance sheets, profit and loss statements, and other financial statements furnished to the Bank in connection with the Liabilities are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, other than a natural person, further representsrepresents that: (a) that it is duly organized, existing and in good standing pursuant to the laws under which it is organized; and (b) that the execution and delivery of this note Note and the performance of the obligations it imposes (i) are within its powers and have been duly authorized by all necessary action of its governing body; , and (ii) do not contravene the terms of its articles of incorporation or organization, its by by-laws, or any partnership, operating or other agreement governing its affairs.

Appears in 4 contracts

Samples: Credit Agreement (Taser International Inc), Logo) Credit Agreement (Taser International Inc), Credit Agreement (Taser International Inc)

Representations by Borrower. Each Borrower representsrepresents that: (a) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose do not violate any law, conflict with any agreement by which it is bound, or require the consent or approval of any governmental authority or any third party; (b) that this note is a agreement and the Notes are valid and binding agreementagreements, enforceable according to its their terms; and (c) that all balance sheets, profit and loss income statements, and other financial statements furnished to the Bank are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, if other than a natural person, further representsrepresents that: (a) that it is duly organized, existing and in good standing pursuant to under the laws of the jurisdiction under which it is was organized; and (b) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose (i) are within its powers powers; (ii) and have been duly authorized by all necessary action of its governing body; , and (iiiii) do not contravene the terms of its articles of incorporation or organization, its by laws, or any partnership, operating or other agreement agreements governing its affairs.

Appears in 3 contracts

Samples: Credit Authorization Agreement (National Techteam Inc /De/), Perceptron Inc/Mi, Syntel Inc

Representations by Borrower. Each Borrower represents: represents that (a) that the execution and delivery of this note Agreement and the Note, and the performance of the obligations it imposes they impose, do not violate any law, conflict with any agreement by which it Borrower is bound, or require the consent or approval of any governmental authority or any other third party; (b) that this note is a Agreement and the Note are valid and binding agreementagreements, enforceable according to its their terms; and (c) that all balance sheets, profit and loss statements, and other financial statements furnished to the Bank Lender are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, other than a natural person, Borrower further representsrepresents that: (ax) that it is duly organized, existing and in good standing pursuant to the laws under which it is organized; and (by) that the execution and delivery of this note Agreement and the Note and the performance of the obligations it imposes they impose (i) are within its powers and powers, (ii) have been duly authorized by all necessary action of its governing body; , and (iiiii) do not contravene the terms of its articles of incorporation or organization, its by by-laws, or any partnership, operating or other agreement governing its affairs.

Appears in 1 contract

Samples: Line of Credit Agreement (Neopharm Inc)

Representations by Borrower. Each Borrower represents: represents that (a) that the execution and delivery of this note agreement and the Notes, and the performance of the obligations it imposes they impose, do not violate any law, conflict with any agreement by which it the Borrower is bound, or require the consent or approval of any governmental authority or any other third party; (b) that this note is a agreement and the Notes are valid and binding agreementagreements, enforceable according to its in accordance with their terms; and (c) that all balance sheets, profit and loss income statements, and other financial statements furnished to the Bank are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, if other than a natural person, further representsrepresents that: (a) that it is duly organized, existing and in good standing pursuant to under the laws of the jurisdiction under which it is organized; and (b) that the execution and delivery of this note agreement and the Notes, and the performance of the obligations it imposes they impose (i) are within its powers and (ii) have been duly authorized by all necessary action of its governing body; , and (iiiii) do not contravene the terms of its articles of incorporation or organization, its by by-laws, or any partnership, operating or other agreement governing its affairs.

Appears in 1 contract

Samples: Term Loan Agreement (Northern Radio Network Corp)

Representations by Borrower. Each Borrower represents: represents that (a) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose do not violate any law, conflict with any agreement by which it is bound, or require the consent or approval of any governmental authority or any third party; (b) that this note is a agreement and the Notes are valid and binding agreementagreements, enforceable according to its their terms; and (c) that all balance sheets, profit and loss income statements, and other financial statements furnished to the Bank are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, if other than a natural person, further representsrepresents that: (a) that it is duly organized, existing and in good standing pursuant to under the laws of the jurisdiction under which it is was organized; and (b) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose (i) are within its powers powers; (ii) and have been duly authorized by all necessary action of its governing body; , and (iiiii) do not contravene the terms of its articles of incorporation or organization, its by lawsbylaws, or any partnership, operating or other agreement agreements governing its affairs.

Appears in 1 contract

Samples: Credit Authorization Agreement (Northern Radio Network Corp)

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Representations by Borrower. Each Borrower representsrepresents that: (a) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose do not violate any law, conflict with any agreement agreements by which it is bound, or require the consent or approval of any governmental authority or any third party; (b) that this note is a agreement and the Notes are valid and binding agreementagreements, enforceable according to its their terms; and (c) that all balance sheets, profit and loss income statements, and other financial statements furnished to the Bank are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, if other than a natural person, further representsrepresents that: (a) that it is duly organized, existing and in good standing pursuant to under the laws of the jurisdiction under which it is was organized; and (b) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose (i) are within its powers powers; (ii) and have been duly authorized by all necessary action of its governing body; , and (iiiii) do not contravene the terms of its articles of incorporation or organization, its by lawsit bylaws, or any partnership, operating or other agreement agreements governing its affairs.

Appears in 1 contract

Samples: Credit Authorization Agreement (Bixby Carl L)

Representations by Borrower. Each Borrower representsrepresents that: (a) that the execution and delivery of this note Note and the performance of the obligations it imposes do not violate any law, conflict with any agreement by which it is bound, or require the consent or approval of any governmental authority or any other third party; (b) that this note Note is a valid and binding agreement, enforceable according to its terms; and (c) that all balance sheets, profit and loss statements, and other financial statements furnished to the Bank are in connection with the Liabilities are, to the best of our knowledge, accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, other than a natural person, further representsrepresents that: (a) that it is duly organized, existing and in good standing pursuant to the laws under which it is organized; and (b) that the execution and delivery of this note Note and the performance of the obligations it imposes (i) are within its powers and have been duly authorized by all necessary action of its governing body; , and (ii) do not contravene the terms of its articles of incorporation or organization, its by by-laws, or any partnership, operating or other agreement governing its affairs.

Appears in 1 contract

Samples: Credit Agreement (Interphase Corp)

Representations by Borrower. Each Borrower represents: (a) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose do not violate any law, conflict with any agreement by which it is bound, or require the consent or approval of any governmental authority or any other third party; (b) that this note is a agreement and the Notes are valid and binding agreementagreements, enforceable according to its their terms; and (c) that all balance sheets, profit and loss statements, and other financial statements furnished to the Bank are accurate and fairly reflect the financial condition of the organizations and persons to which they apply on their effective dates, including contingent liabilities of every type, which financial condition has not changed materially and adversely since those dates. Each Borrower, other than a natural person, further represents: (a) that it is duly organized, existing and in good standing pursuant to the laws under which it is organized; and (b) that the execution and delivery of this note agreement and the Notes and the performance of the obligations it imposes they impose (i) are within its powers and have been duly authorized by all necessary action of its governing body; , and (ii) do not contravene the terms of its articles of incorporation or organization, its by by-laws, or any partnership, operating or other agreement governing its affairs.

Appears in 1 contract

Samples: Term Loan Agreement (Made2manage Systems Inc)

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