Representations and Warranties; Loan Document. Each of the Revolving Borrower and the Company hereby represents and warrants that as of the date hereof (a) the representations and warranties of the Loan Parties set forth in the Loan Documents are true and correct in all material respects (except that any representation or warranty which is already qualified as to materiality or by reference to Material Adverse Effect is true and correct in all respects) on and as of such date, with the same effect as if made on and as of such date (other than those representations and warranties that by their terms expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date) and (b) no Default or Event of Default has occurred and is continuing. This Amendment is a “Loan Document,” as defined in the Credit Agreement.
Representations and Warranties; Loan Document. Each of the Borrowers, each of the Guarantors and each other Loan Party hereby represents and warrants to the Administrative Agent and the Lenders that as of the date hereof the representations and warranties of the Borrowers, the Guarantors or such other Loan Party set forth in the Loan Documents are true and correct in all material respects (except that any representation or warranty which is already qualified as to materiality or by reference to Material Adverse Effect is true and correct in all respects) on and as of such date (except with respect to the non-occurrence of any Specified Defaults), with the same effect as if made on and as of such date (other than those representations and warranties that by their terms expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date).
Representations and Warranties; Loan Document. Each of the Borrowers, each of the Guarantors and each other Loan Party hereby represents and warrants to the Administrative Agent and the Lenders that as of the date hereof the representations and warranties of the Borrowers, the Guarantors or such other Loan Party set forth in the Loan Documents are true and correct in all material respects (except that any representation or warranty which is already qualified as to materiality or by reference to Material Adverse Effect is true and correct in all respects) on and as of such date, with the same effect as if made on and as of such date (other than those representations and warranties that by their terms expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date); provided, however, that (1) to the extent, but only to the extent, of the Junior Portion of the Third Amendment First Delayed Draw and the Junior Portion of the Third Amendment Second Delayed Draw, such Junior Portion of the Third Amendment First Delayed Draw and the Junior Portion of the Third Amendment Second Delayed Draw shall be Revolving Credit Excess Principal Obligations as defined in the Intercreditor Agreement and the remainder of the Obligations shall constitute Revolving Priority Obligations as defined in the Intercreditor Agreement; and (2) to the extent, but only to the extent, required to avoid a Default under the Term Loan Documents and the Convertible Notes Documents, and only until the CF Transition Date, the Obligations under the Junior Portion of the Third Amendment Second Delayed Draw shall not be secured by the Collateral, provided that for the avoidance of doubt all other Obligations shall be secured by the Collateral.
