WARRANTIES AND REPRESENTATIONS OF BORROWER AND SUBORDINATED LENDER Sample Clauses

WARRANTIES AND REPRESENTATIONS OF BORROWER AND SUBORDINATED LENDER. Borrower and Subordinated Lender each hereby severally represents and warrants to the Senior Lender that the Senior Lender has been furnished with a true and correct copy of all instruments and securities evidencing or pertaining to the Subordinated Indebtedness. Borrower hereby represents and warrants to the Senior Lender that this Agreement has been duly executed and delivered by Borrower and constitutes a legal, valid and binding obligation of Borrower enforceable in accordance with its terms except to the extent that the enforceability thereof may be limited by any applicable bankruptcy insolvency, reorganization, moratorium or similar laws from time to time in effect affecting generally the enforcement of creditors' rights and remedies and general principles of equity. Subordinated Lender represents and warrants to the Senior Lender: (A) that this Agreement has been duly executed and delivered by Subordinated Lender and constitutes a legal, valid and binding Obligation of Subordinated Lender enforceable against the Subordinated Lender in accordance with its terms, except to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency; reorganization, moratorium or similar laws from, time to time in effect affecting generally the enforcement of creditors' rights and remedies and general principles of equity; (B) that Subordinated Lender is a Delaware corporation having its chief executive office at the address set forth below his name on the signature page hereto; (C) that Subordinated Lender is acquiring the Subordinated Indebtedness for its [his or her] own account and not with a view to the distribution thereof and has no present intention of distributing the Subordinated Indebtedness; (D) that Subordinated Lender has not relied and shall not rely on any representation or information of any nature made by or received from Senior Lender relative to Borrower in deciding to execute this Agreement or to permit it to continue in effect.
Sample 1
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Related to WARRANTIES AND REPRESENTATIONS OF BORROWER AND SUBORDINATED LENDER

  • REPRESENTATIONS AND WARRANTIES OF THE CREDIT PARTIES To induce the Administrative Agent and Lenders to enter into this Agreement and to induce the Lenders to make Extensions of Credit, the Credit Parties hereby represent and warrant to the Administrative Agent and the Lenders both before and after giving effect to the transactions contemplated hereunder, which representations and warranties shall be deemed made on the Closing Date and as otherwise set forth in Section 6.2, that:

  • Representations and Warranties of Borrowers Each Borrower represents and warrants to the Agent and the Lenders as follows:

  • Representations and Warranties of Borrower Borrower represents and warrants as follows:

  • Representations of Borrower The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article 4 of the Credit Agreement will be true on and as of the Amendment Effective Date and (ii) no Default will have occurred and be continuing on such date.

  • Representations and Warranties of Credit Parties Each of the Credit Parties represents and warrants as follows:

  • Representations and Warranties of the Loan Parties Each Loan Party represents and warrants as follows:

  • Representations and Warranties of Loan Parties Each of the Loan Parties represents and warrants as follows:

  • Representations and Warranties of the Collateral Agent The Collateral Agent in its individual capacity and as Collateral Agent represents and warrants as follows:

  • Representations and Warranties of Lenders Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments or Loans, as the case may be, represents and warrants as of the Closing Date or as of the effective date of the applicable Assignment and Assumption that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments, loans or investments such as the Commitments and Loans; and (iii) it will make or invest in its Commitments and Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments and Loans within the meaning of the Securities Act or the Exchange Act, or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Commitments and Loans or any interests therein shall at all times remain within its exclusive control).

  • Representations and Warranties of the Lenders In connection with the transactions provided for herein, each Lender hereby represents and warrants to the Company that:

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