Lender’s Representations. The Lender hereby represents and warrants to the Bank, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a Securities loan hereunder is outstanding, that:
Lender’s Representations. Each Lender represents to the Administrative Agent that, in acquiring its Note, it is acquiring the same for its own account for the purpose of investment and not with a view to selling the same in connection with any distribution thereof, provided that the disposition of each Lender’s own Property shall at all times be and remain within its control.
Lender’s Representations. Each Lender providing a portion of the Term Loan A that was not a Lender prior to the date hereof (a) represents and warrants that it is a commercial lender, other financial institution or other “accredited” investor (as defined in Regulation D as promulgated by the Securities and Exchange Commission) that makes or acquires loans in the ordinary course of business and that it will make its portion of the Term Loan A for its own account in the ordinary course of business; (b) confirms that it has received a copy of the Credit Agreement, together with copies of the financial statements most recently delivered under Sections 10.1.1 and 10.1.2 of the Credit Agreement (as amended by this Amendment to be in the form attached hereto as Exhibit A) and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into this Amendment; (c) agrees that it will, independently and without reliance upon the Administrative Agent or any other Lender, and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under the Credit Agreement; (d) appoints and authorizes each of the Administrative Agent to take such action as agent on its behalf and to exercise such powers and discretion under the Credit Agreement as are delegated to the Administrative Agent by the terms thereof, together with such powers and discretion as are reasonably incidental thereto; (e) agrees that, as of the date hereof, each Lender providing a Term Loan A Commitment shall be (i) a party to the Credit Agreement and the other Loan Documents and (ii) a “Lender” for all purposes of the Credit Agreement and the other Loan Documents; (f) agrees that it will perform all of the obligations that by the terms of the Credit Agreement are required to be performed by it as a “Lender” under the Credit Agreement; (g) agrees that it and each other Lender providing a Term Loan A Commitment shall have the rights and obligations of a Lender under the Credit Agreement and the other Loan Documents; and (h) agrees to waive the borrowing notice provisions of Section 2.2.2 of the Credit Agreement with respect to the advance of the Term Loan A on the date hereof.
Lender’s Representations. Each Lender represents and warrants to ------------------------ the other Lenders that (i) it has been furnished all information it has requested for the purpose of evaluating its proposed participation under this Agreement; and (ii) it has decided to enter into this Agreement on the basis of its independent review and credit analysis of Borrower, this Agreement and the documentation in connection therewith and has not relied for such analysis on any information or analysis provided by any other Lender.
Lender’s Representations. Lender represents and warrants to Borrower as follows:
Lender’s Representations. The Company is issuing the Conversion Shares to Lender in reliance upon the following representations made by Lender:
Lender’s Representations. In order to permit the Advisor and the Subcustodian to make such representations as may be required by the Loan Agreement, the Lender hereby represents and warrants to the Advisor, which representations and warranties shall be deemed to be continuing and to be reaffirmed on any day that a loan under this Agreement is outstanding, that:
Lender’s Representations. 64 9.6. Investigation.......................................... 65 9.7.
Lender’s Representations. The Lender makes the representations and warranties set out in this Clause 7 to the Borrower on the date of this Agreement.
Lender’s Representations. The Lender represents and warrants that:
