Representations by the Borrower. The Borrower represents and warrants that:
Representations by the Borrower. Each Borrower represents that: (a) the execution and delivery of this agreement and the Notes, and the performance of the obligations 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 other third party, (b) this agreement and the Notes are valid and binding agreements, enforceable according to their terms, (c) all balance sheets, profit and loss statements, and other financial statements and other information 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, (d) no litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against the Borrower is pending or threatened, and no other event has occurred which may in any one case or in the aggregate materially adversely affect the Borrower's financial condition and properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by the Bank in writing, (e) all of the Borrower's tax returns and reports that are or were required to be filed, have been filed, and all taxes, assessments and other governmental charges have been paid in full, except those presently being contested by the Borrower in good faith and for which adequate reserves have been provided, (f) the Borrower is not a "holding company" or a company "controlled" by an "investment company", within the meaning of the Investment Company Act of 1940, as amended, (g) the Borrower is not a "holding company", or a "subsidiary company" of a "holding company" or an "affiliate" of a "holding company" or of a "subsidiary company" of a "holding company" within the meaning of the Public Utility Holding Company Act of 1935, as amended, (h) there are no defenses or counterclaims, offsets or adverse claims, demands or actions of any kind, personal or otherwise, that the Borrower could assert with respect to this agreement or the Credit Facilities, (i) the Borrower owns, or is licensed to use, all trademarks, trade names, copyrights, technology, know-how and processes necessary for the conduct of its business as currently conducted, and (j) no part of the proceeds of the Credit Facilities wi...
Representations by the Borrower. The Borrower makes the following representations as the basis for the undertakings on its part herein contained:
Representations by the Borrower. The Borrower represents and covenants that:
Representations by the Borrower. The Borrower represents that:
Representations by the Borrower. The Borrower makes the following representations and warranties, and covenants and agrees as follows, as of and from the date of the execution and delivery of this Loan Agreement as the basis for the undertakings on its part herein contained:
Representations by the Borrower. In borrowing hereunder, the Borrower represents and warrants to the Bank that all information that has been furnished to the Bank prior to this Agreement being issued is true and accurate and the Borrower has not failed to disclose any information of a material nature regarding its business or financial condition and further that there is no litigation, investigation or proceeding pending or threatened against the Borrower or any other person liable to the Bank for the repayment of this loan which may, in any way, adversely affect the financial condition, operation or prospects of the Borrower or such person. Advance Procedure: Advances on this loan will be made under individual notes or letter of credit applications signed by an authorized representative of the Borrower.
Representations by the Borrower. The following representations shall be deemed to be made by the Borrower on the date of each Utilisation Request (by reference to the facts and circumstances then existing).
Representations by the Borrower. As an inducement to the Commission to make the Forgivable Loan to the Borrower, the Borrower makes the following representations, warranties and covenants:
Representations by the Borrower. The Borrower confirms as of the date hereof the representations contained in Section 2.2 of the Original Loan Agreement and makes the following representations as of the date of execution of this Agreement:
