Loan Documents Uses in Representations and Warranties of the Borrower Clause

Representations and Warranties of the Borrower from Sale and Servicing Agreement

This Sale and Servicing Agreement is entered into as of May 5, 2016, among Hercules Funding III, LLC, a Delaware limited liability company, as Borrower (in such capacity, the Borrower), Hercules Capital, Inc., a Maryland corporation (Hercules), as Originator (in such capacity, the Originator) and as Servicer (in such capacity, the Servicer), and MUFG Union Bank, N.A., formerly known as Union Bank, N.A., as Agent for Lenders under the Loan Agreement (as hereinafter defined) (in such capacity, the Agent).

Representations and Warranties of the Borrower. The Borrower hereby represents, warrants and covenants to the other parties hereto and the Lenders that as of the Closing Date and as of each Transfer Date:

Representations and Warranties of the Borrower from Amended and Restated

This AMENDED AND RESTATED TWO-YEAR CREDIT AGREEMENT (this Agreement) dated as of August 20, 2010 is entered into among THE DETROIT EDISON COMPANY, a Michigan corporation (the Borrower), the banks, financial institutions and other institutional lenders (the Initial Lenders) listed on the signature pages hereof, and BARCLAYS BANK PLC (Barclays), as Administrative Agent (the Agent) for the Lenders (as hereinafter defined).

Representations and Warranties of the Borrower. The Borrower represents and warrants as follows:

Representations and Warranties of the Borrower

AMENDMENT NO. 1 TO THE CREDIT AGREEMENT dated as of May 15, 2008 among LeapFrog Enterprises, Inc., a Delaware Corporation (the Borrower), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the Lenders (the Lenders) and Bank of America, N.A., as agent for the Lenders (the Agent).

Representations and Warranties of the Borrower. The Borrower hereby represents and warrants to the Agent and the Lenders that, as of the date hereof and after giving effect to this Amendment and the Amended Schedules, (a) all representations and warranties set forth in the Credit Agreement are true and correct in all material respects as if made again on and as of such date (except for those which by their terms specifically refer to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date), (b) no Default or Event of Default has occurred and is continuing and (c) the Credit Agreement (as amended by this Amendment) and all other Loan Documents are and remain legal, valid, binding and enforceable obligations of the Loan Parties in accordance with the terms thereof except as may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or limiting creditors rights generally or by equitable principles (regardless of whether enforcement is sought in equity or at law).

Representations and Warranties of the Borrower from Loan Agreement

This Loan Agreement (the Agreement) dated as of April 1, 2007, between the MISSION ECONOMIC DEVELOPMENT CORPORATION, a constituted authority and non-profit industrial development corporation created and existing under the Development Corporation Act of 1979, as amended, Tex. Rev. Civ. Stat. Ann. Art. 5190.6 (Vernon 1979) (the Act) (the Issuer), and ALLIED WASTE NORTH AMERICA, INC., a corporation duly organized and existing under the laws of the State of Delaware (the Borrower);

Representations and Warranties of the Borrower. The Borrower represents and warrants to the Issuer that, as of the date of execution of this Agreement and as of the date of delivery of the Bonds to the initial purchasers thereof (such representations and warranties to remain operative and in full force and effect regardless of the issuance of the Bonds or any investigations by or on behalf of the Issuer or the results thereof):