Special Representations. Any eligibility representations with respect to a Financing Fund set forth in Column H of Schedule XII. [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. SCHEDULE II THE COLLECTION ACCOUNT, THE SUPPLEMENTAL RESERVE ACCOUNT, THE LIQUIDITY RESERVE ACCOUNT, THE SAP LOCKBOX ACCOUNT, THE SAP REVENUE ACCOUNT, THE TAKEOUT TRANSACTION ACCOUNT AND THE BORROWER’S ACCOUNT Collection Account Bank Name: [***] ABA No.: [***] Account No.: [***] Account Name: [***] FFC: [***] Supplemental Reserve Account Bank Name: [***] ABA No.: [***] Account No.: [***] Account Name: [***] FFC: [***] Liquidity Reserve Account Bank Name: [***] ABA No.: [***] Acct: [***] Account Name: [***] FFC: [***] SAP Lockbox Account Bank Name: [***] ABA No.: [***] Account No.: [***] Account Name: [***] FFC: [***] SAP Revenue Account Bank Name: [***] ABA No.: [***] Account No.: [***] Account Name: [***] FFC: [***] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. Takeout Transaction Account Bank Name: [***] ABA No.: [***] Account No.: [***] Account Name: [***] FFC: [***] Borrower’s Account Bank Name: [***] ABA No.: [***] Account No.: [***] Account Name: [***] Reference: [***] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. SCHEDULE III [RESERVED] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. SCHEDULE IV SCHEDULED HEDGED SREC PAYMENTS [On file with the Administrative Agent] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. SCHEDULE V SCHEDULED HOST CUSTOMER PAYMENTS [On file with the Administrative Agent] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. SCHEDULE VI SCHEDULED PBI PAYMENTS [On file with the Administrative Agent] [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. SCHEDULE VII SCHEDULED MANAGING MEMBER DISTRIBUTIONS...
Special Representations. Any eligibility representations with respect to a Financing Fund set forth in Column H of Schedule XII.
Special Representations. The representations and warranties contained in each of Section 3.17 (Employee Matters) and Section 3.18 (Intellectual Property) (collectively, the “Xxxxx Special Representations”) shall each survive the Closing until the expiration of the statute of limitations under applicable federal or state law for claims by third parties against the Indemnifying Party on each such matter (the “Special Survival Period(s)”). The parties acknowledge that the statute of limitations under applicable federal or state law on each matter may be different and therefore each matter relating to a Xxxxx Special Representation may each have a separate and different Special Survival Period.
Special Representations. (a) Each of NS and PRR hereby represents and warrants that (i) it has examined the Ruling Documents (including, without limitation, the representations to the extent that they relate to the plans, proposals, intentions, and policies of NS and its Subsidiaries and PRR and its Subsidiaries, the NS business and the PRR business, and the NS affiliated group of corporations and the PRR Group) and (ii) to the extent descriptive of NS and PRR their respective Subsidiaries, the NS business and the PRR business, and the PRR Group, the facts presented and the representations made therein are true and correct, except to the extent that any such facts or representations:
Special Representations. The Buyer shall have received from ----------------------- Seller, a special representation, acceptable to the Buyer. to the effect that:
Special Representations. The Special Representations shall be true and correct in all material respects (except for such representations and warranties that are qualified by their terms by a reference to materiality or Material Adverse Effect, which representations and warranties as so qualified shall be true and correct in all respects) on and as of the Agreement Date and on and as of the Closing Date as though such representations and warranties were made on and as of such dates (except for representations and warranties that address matters only as to a specified date or dates, which representations and warranties shall be true and correct with respect to such specified date or dates).
Special Representations. Franchise Owner (and each owner of an Equity Interest in Franchise Owner if Franchise Owner is a legal entity) hereby represents as follows:
Special Representations. Gxxx understands that the Notes are being offered pursuant to an exemption from registration contained in the Securities Act of 1933, as amended (the “Securities Act”), based in part upon Gxxx’x representations contained in this Agreement, including, without limitation, that Gxxx is an “accredited investor” within the meaning of Regulation D under the Securities Act. Gxxx has received or has had full access to all the information it considers necessary or appropriate to make an informed investment decision with respect to the Notes to be assigned to it under this Agreement and the securities acquired by it upon the conversion of the Notes.
Special Representations. Each Loan Party hereby represents and warrants that: (i) there is no pending or threatened action which may materially adversely affect its financial condition or business or which purports to affect the validity or enforceability of any Letter of Credit or any transaction related to any Letter of Credit; and (ii) neither the granting of any collateral security for the Obligations, nor the issuance of any Letter of Credit, nor the making of any payment thereunder or the use of any proceeds thereof, constitutes or will constitute, or be part of, a preferential or fraudulent transfer or conveyance to any one (including the Bank and the beneficiary of any Letter of Credit) under any applicable law, including Section 544, 547, 548 or 550 of the United States Bankruptcy Code. Each request by Borrower for a Letter of Credit shall constitute the representation and warranty of the Loan Parties that the foregoing statements are true and correct as if made on the date of such request.
Special Representations. 9.5(a)(i) Taxes. . . . . . . . . . . . . 4.15(b) Tax Return . . . . . . . . . . 4.15(b) Termination Date . . . . . . . 8.1
