REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each Guarantor represents and warrants to each Holder that:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each Guarantor represents and warrants as follows:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each of the Guarantors separately represents and warrants that:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each Guarantor represents and warrants to the Administrative Agent and each Secured Party that:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. The Guarantor hereby represents and warrants to Lender (if the Guarantor is more than one party, said representations and warranties are made only with respect to the particular party) that:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each Guarantor represents and warrants to the Company that it is acquiring the Warrants, and will, upon exercise thereof, acquire the Warrant Shares, for its own account for purpose of investment and not with a view to or for sale in connection with any distribution thereof. Each Guarantor further represents that it understands (i) that neither the Warrants nor the Warrant Shares have been registered under the Securities Act of 1933, as amended (the "Securities Act"), by reason of their issuance in transactions exempt from the registration requirements of the Securities Act pursuant to Section 4(2) thereof, (ii) the Warrants and, upon exercise thereof, the Warrant Shares must be held indefinitely unless a subsequent disposition thereof is registered under the Securities Act or is otherwise exempt from such registration, (iii) the Warrants and the Warrant Shares will bear a legend to such effect and (iv) the Company will make a notation on its transfer books to such effect. Each Guarantor further understands that the exemption from registration afforded by Rule 144 under the Securities Act depends on the satisfaction of various conditions and that, if applicable, affords the basis of sales of the Warrants and/or the Warrant Shares in limited amounts under certain conditions. Each Guarantor (i) acknowledges that it has had a full opportunity to request from the Company to review and has received all information deemed relevant in making a decision to enter into this Agreement and consummate the transactions contemplated thereby and (ii) will comply with the restrictions on transferability of the Warrants and Warrant Shares contained in the Warrant. Each Guarantor is an "Accredited Investor" within the meaning of Rule 501(a) of the Securities Act.
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each Guarantor hereby represents and warrants to the Company that:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each of the Guarantors hereby severally represents and warrants to the Borrower that such Guarantor paid to the Banks, pursuant to such Guarantor's Term Guaranty, all amounts demanded by the Banks from such Guarantor as payment in full of the Loans and all other amounts due under the Term Credit Agreement.
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. The Guarantors represents and warrants to the Company that:
REPRESENTATIONS AND WARRANTIES OF THE GUARANTORS. Each of the parties hereto hereby represents and warrants to each of the other parties hereto as follows and acknowledges that each of the other parties is relying upon such representations and warranties in connection with the matters contemplated by this Agreement:
