Representations Incorporated by Reference. HSBC Bank, HSBC Trust and HSBC TFS each represent and warrant, with respect to itself only, to BFC that each representation and warranty made by it in Article IV of the Retail Distribution Agreement is true and correct, each and all of which are made as of the date hereof and (except the representations and warranties in Section 4.6 of the Retail Distribution Agreement) as of each day during the term of this Participation Agreement.
Representations Incorporated by Reference. Each HSBC Company that is a party to this Servicing Agreement represents and warrants, with respect to itself only, to each of the Block Companies that is a party to this Servicing Agreement that each representation and warranty made by it in Article IV of the Retail Distribution Agreement is true and correct, each and all of which are made as of the date hereof and (except the representations and warranties in Section 4.6 of the Retail Distribution Agreement) as of each day during the term of this Servicing Agreement.
Representations Incorporated by Reference. In addition to the representations and warranties otherwise set forth herein, all representations and warranties of the Company, Zoom Telephonics, Inc., a corporation incorporated in the State of Delaware ("Zoom Telephonics"), Gold Lion and TCB Digital Ever Leader contained in that certain Share Exchange Agreement dated as of January 28, 2009, by and among the Company, Zoom Telephonics, Lei Gu, Gold Lion and TCB Digital are hereby incorporated by reference for the benefit of the Purchasers as if such representations and warranties were repeated herein and addressed to the Purchasers.
Representations Incorporated by Reference. Each HSBC Company that is a party to this Digital Distribution Agreement represents and warrants, with respect to itself only, to each of the Block Companies that is a party to this Digital Distribution Agreement, that each representation and warranty made by it in Article IV of the Retail Distribution Agreement is true and correct.
Representations Incorporated by Reference. Borrower hereby makes each and every representation and warranty made by it in Article IV of the Loan Agreement to the same extent as if each such representation and warranty had been set forth in full herein, and each such representation and warranty is hereby incorporated by reference in this Section 4.
Representations Incorporated by Reference. The provisions of, and related definitions used in, Article III of the Credit Agreement are incorporated herein by reference in their entirety, but with the definitions used therein being construed in accordance with the remaining provisions of this Section. All references in the provisions incorporated herein by reference to Article III of the Credit Agreement to (a) the “Loan Parties” shall be deemed to be references to the Company and its Subsidiaries, (b) “Holdings” shall be deemed to be references to the Company, (c) the “Transactions” shall be deemed to be include the transactions contemplated hereunder, (d) “the date hereof” or “the date of this Agreement” shall be deemed to be references to the date of this Agreement, (e) “hereafter” shall be deemed to be references to after the date of this Agreement and (f) “this Agreement”, “hereof” or “hereunder” shall be deemed to be references to this Agreement. All references herein to any Section of the Credit Agreement incorporated by reference herein shall be deemed to be a reference to such Section as so incorporated. The provisions of the Sections of the Credit Agreement incorporated by reference herein shall remain in effect as incorporated on the date hereof (or as amended in accordance with the terms of this Agreement) notwithstanding the termination of or any amendment to the Credit Agreement. [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION.
Representations Incorporated by Reference. The representations and warranties made by the Borrower in Sections 4.4 through 4.10, Sections 4.13 through 4.15 and Section 4.17 of the Syndicated Credit Agreement (including all schedules attached thereto that are referenced therein) shall be incorporated into this Agreement by reference and shall be deemed made on and as of the Effective Date as if set forth herein; provided, that any references to “Material Adverse Effect” in such incorporated provisions shall mean a “Material Adverse Effect” as defined herein.
Representations Incorporated by Reference. The Borrower and each Guarantor hereby makes each and every representation and warranty made by it in Article V of the Loan Agreement to the same extent as if each such representation and warranty had been set forth in full herein, and each such representation and warranty is hereby incorporated by reference in this Section 4. In addition, SBP-RTS hereby makes each and every representation and warranty contained in Section 4 of the Loan Agreement to the same extent as if SBP-RTS was a party to the Loan Agreement and as if each such representation and warranty had been set forth in full herein. Each such representation and warranty is hereby incorporated by reference in this Section 4.
Representations Incorporated by Reference. Except for Section 3.2(f), Section 3.2(i), Section 3.2(j), Section 3.2(k), Section 3.2(n), Section 3.2(p), Section 3.2(q), Section 3.2(s), Section 3.2(t), Section 3.2(u), and Section 3.2(y), Section 3.2 of this Agreement is incorporated by reference in its entirety, in this Section 3.3 as if such representations and warranties were repeated in this section and made by the Trust Vendors to the Purchaser, except that any references to “Corporation” in such provisions shall be replaced with references to “Numberco”, and the phrase “knowledge of the Vendors” shall be replaced with the phrase, “knowledge of the Trust Vendors”.
Representations Incorporated by Reference. In addition to the representations and warranties otherwise set forth herein, all representations and warranties of the Company and Ever Leader contained in (i) that certain Placement Agreement dated as of October 17, 2006, by and among the Company, Ever Leader and Xxxxxxx Securities, LLC and (ii) the Exchange Agreement are hereby incorporated by reference for the benefit of the Buyers as if such representations and warranties were repeated herein and addressed to the Buyers.
