The Lender’s Representations and Warranties. The Lender represents and warrants to the Borrower as follows:
The Lender’s Representations and Warranties. The Lender represents and warrants to the Borrowers, and agrees, that all of the representations and warranties of the Lender in Section 2 of the NPA are true and correct as of the TMA Closing Date as though made at that time (except for representations and warranties that speak as of a specific date), with (i) the term “Note” therein being expanded to include the Note, the Warrant and the Warrant Shares and (ii) the term “Closing Documents” therein being expanded to include the TMA Closing Documents. The foregoing notwithstanding, the Lender’s representations and warranties in Section 2(f) of the NPA are qualified to take into account the potential transfer or resale of the Warrant Shares pursuant to the Registration Rights Agreement.
The Lender’s Representations and Warranties. As of the Effective Date and the date of each Funding (a “Funding Date”), the Lender represents and warrants to the Company, and agrees, as follows:
The Lender’s Representations and Warranties. As of the Closing, the Lender represents and warrants to the Company, and agrees, as follows:
The Lender’s Representations and Warranties. Lender represents and warrants: (a) It is legal for it to make the Loan, and the making of such Loan complies with laws applicable to it; (b) It has made, its own independent review (including any desired investigations and inspections) of, and it accepts and approves, the Loan, this Agreement and the associated documents and all other matters and information which it deems pertinent. It acknowledges that the Loan Documents and the Subsidiary Documents are a complete statement of all understandings and respective rights and obligations between and among the Lender, Subsidiaries and Borrower regarding the Loan; (c) Lender has not made any express or implied representation or warranty to any other lender with respect to this transaction; (d) It will, independently and without reliance upon any other lender, and based upon such documents and information as it shall deem appropriate at the time, continue to make its own credit analysis, appraisals and decisions in taking or not taking action under this Agreement, and will make such investigation as it deems necessary to inform itself as to the Loan, the Loan Documents, the Subsidiary Documents, Borrower and any collateral; provided, however, nothing contained in this Section shall limit Lender’s obligation to provide the Lender with the information and documents Lender is expressly required to deliver under this Agreement; (f) The Loan Documents executed by the Lender are valid and binding obligations of the Lender. Section 10.02
The Lender’s Representations and Warranties. As of the Closing Date, the Lender represents and warrants to each of the Borrowers as follows:
