Common use of Representations, Warranties, Covenants of Borrower Clause in Contracts

Representations, Warranties, Covenants of Borrower. The Borrower -------------------------------------------------- hereby represents and warrants that as of the date of this Consent Agreement and after giving effect thereto (a) no event has occurred and is continuing which, after giving effect to this Consent Agreement, constitutes a Default or an Event of Default, (b) the representations and warranties of the Borrower contained in the Loan Agreement and the other Financing Agreements are true and correct on and as of the date hereof to the same extent as though made on and as of the Effective Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct as of such earlier date, (c) the execution and delivery by the Borrower of this Consent Agreement and the performance by the Borrower of the Loan Agreement are within its corporate power and have been duly authorized by all necessary corporate action, (d) this Consent Agreement and the Loan Agreement are legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms and (e) the execution and delivery by the Borrower of this Consent Agreement and the performance by the Borrower of the Loan Agreement do not require the consent of any Person and do not contravene the terms of the Borrower's Articles of Incorporation or By-Laws or any indenture, agreement or undertaking to which the Borrower is a party or by which the Borrower or any of its property is bound. The Borrower covenants and agrees that, as of the effective time of any repurchase of any Senior Subordinated Notes, each such repurchase as contemplated by this Agreement will be in compliance with all applicable laws and regulations and will not be prohibited by the Indenture.

Representations, Warranties, Covenants of Borrower. The Borrower -------------------------------------------------- hereby represents and warrants that as of the date of this Consent Agreement Amendment and after giving effect thereto (a) no event has occurred and is continuing which, after giving effect to this Consent AgreementAmendment, constitutes a Default or an Event of Default, (b) the representations and warranties of the Borrower contained in the Loan Agreement and the other Financing Agreements are true and correct on and as of the date hereof to the same extent as though made on and as of the Effective Datedate hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct as of such earlier date, (c) the execution and delivery by the Borrower of this Consent Agreement Amendment and the performance by the Borrower of the Loan Agreement Agreement, as amended by this Amendment, are within its corporate power and have been duly authorized by all necessary corporate action, (d) this Consent Agreement Amendment and the Loan Agreement Agreement, as amended by this Amendment, are legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms and (e) the execution and delivery by the Borrower of this Consent Agreement Amendment and the performance by the Borrower of the Loan Agreement Agreement, as amended by this Amendment, do not require the consent of any Person and do not contravene the terms of the Borrower's Articles of Incorporation or By-Laws or any indenture, agreement or undertaking to which the Borrower is a party or by which the Borrower or any of its property is bound. The Borrower covenants and agrees that, as of the effective time of any repurchase of any Senior Subordinated Notes, each such repurchase as contemplated by this Agreement will be in compliance with all applicable laws and regulations and will not be prohibited by the Indenture.

Representations, Warranties, Covenants of Borrower. The Borrower -------------------------------------------------- hereby represents and warrants that as of the date of this Consent Agreement Amendment and after giving effect thereto (a) no event has occurred and is continuing which, after giving effect to this Consent AgreementAmendment, constitutes a Default or an Event of Default, (b) the representations and warranties of the Borrower contained in the Loan Agreement and the other Financing Agreements are true and correct on and as of the date hereof to the same extent as though made on and as of the Effective Datedate hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct as of such earlier date, (c) the execution and delivery by the Borrower of this Consent Agreement Amendment and the performance by the Borrower of the Loan Agreement Agreement, as amended by this Amendment, are within its corporate power and have been duly authorized by all necessary corporate action, (d) this Consent Agreement Amendment and the Loan Agreement Agreement, as amended by this Amendment, are legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms and (e) the execution and delivery by the Borrower of this Consent Agreement Amendment and the performance by the Borrower of the Loan Agreement Agreement, as amended by this Amendment, do not require the consent of any Person and do not contravene the terms of the Borrower's Articles of Incorporation or By-Laws or any indenture, agreement or undertaking to which the Borrower is a party or by which the Borrower or any of its property is bound. The Borrower covenants and agrees that, as of the effective time of any repurchase of any Senior Subordinated Notes, each such repurchase as contemplated by this Agreement will be in compliance with all applicable laws and regulations and will not be prohibited by the Indenture.

Representations, Warranties, Covenants of Borrower. The Borrower -------------------------------------------------- hereby represents and warrants that as of the date of this Consent Agreement Amendment and after giving effect thereto (a) no event has occurred and is continuing which, after giving effect to this Consent AgreementAmendment, constitutes a Default or an Event of Default, (b) the representations and warranties of the Borrower contained in the Loan Agreement and the other Financing Agreements are true and correct on and as of the date hereof to the same extent as though made on and as of the Effective Datedate hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case they are true and correct as of such earlier date, (c) the execution and delivery by the Borrower of this Consent Agreement Amendment and the performance by the Borrower of the Loan Agreement Agreement, as amended by this Amendment, are within its corporate power and have been duly authorized by all necessary corporate action, (d) this Consent Agreement Amendment and the Loan Agreement Agreement, as amended by this Amendment, are legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their terms and (e) the execution and delivery by the Borrower of this Consent Agreement Amendment and the performance by the Borrower of the Loan Agreement Agreement, as amended by this Amendment, do not require the consent of any Person and do not contravene the terms of the Borrower's Articles of Incorporation or By-Laws or any indenture, agreement or undertaking to which the Borrower is a party or by which the Borrower or any of its property is bound. The Borrower covenants and agrees that, as of the effective time of any repurchase of any Senior Subordinated Notes, each such repurchase as contemplated by this Agreement will be in compliance with all applicable laws and regulations and will not be prohibited by the Indenture.