Additional Representations and Warranties of the Borrower Clause Samples
The "Additional Representations and Warranties of the Borrower" clause requires the borrower to make further specific statements of fact or assurances beyond the standard representations and warranties typically found in a loan agreement. These may include affirmations about the borrower's legal status, compliance with laws, accuracy of financial statements, or absence of undisclosed liabilities. By requiring these additional assurances, the clause provides the lender with greater confidence in the borrower's reliability and the accuracy of information provided, thereby reducing the lender's risk and helping to prevent disputes over misrepresentation.
Additional Representations and Warranties of the Borrower. The Borrower represents and warrants to each of the Secured Parties on and as of each Measurement Date and each other date expressly provided under this Agreement or the other Facility Documents on which such representations and warranties are required to be (or deemed to be) made, as follows:
Additional Representations and Warranties of the Borrower. The Borrower represents and warrants to each of the Secured Parties on and as of the Closing Date, each Determination Date, the date each Advance is made, and each date on which a Collateral Obligation is granted to the Collateral Agent hereunder, as follows:
Additional Representations and Warranties of the Borrower. The Borrower may make the following representations and warranties:
Additional Representations and Warranties of the Borrower. The Borrower represents and warrants to each of the Secured Parties on and as of the Closing Date and each Measurement Date, as follows:
Additional Representations and Warranties of the Borrower. The Borrower represents and warrants to the Lender that, as of the date of this Agreement, the Closing Date and the date of the closing of any subsequent Tranche Loan:
Additional Representations and Warranties of the Borrower as of Each Extension Date. The Borrower represents and warrants on each ------------------------- Extension Date (and at no other time) that, as of each such date, the following statements shall be true:
(a) there has been no material adverse change in the business, financial condition or operations of the Borrower and its subsidiaries, taken as a whole, since the date of the audited financial statements of the Borrower and its subsidiaries most recently delivered to the Lenders pursuant to Section 5.01(d)(ii) prior to the applicable Extension Date (except as disclosed in periodic or other reports filed by the Borrower and its subsidiaries pursuant to Section 13 of the Securities Exchange Act of 1934, as amended, during the period from the date of the most recently delivered audited financial statements of the Borrower and its subsidiaries pursuant to Section 5.01(d)(ii) to the date of the request for an extension of the Revolver Termination Date then in effect related to such Extension Date); and
(b) the representations and warranties contained in Section 4.01 are correct in all material respects on and as of such date, as though made on and as of such date (except to the extent that such representations and warranties relate to an earlier date, in which case such representations and warranties shall have been correct in all material respects on and as of such earlier date).
Additional Representations and Warranties of the Borrower. The Borrower represents and warrants to each of the Secured Parties on and as of (x) each Measurement Date pursuant to clauses (a), (b), (d) and (e) of the definition thereof, (y) in the case of Section 4.02(a), each Measurement Date pursuant to clause (c) of the definition thereof if no date pursuant to the foregoing clause (x) has occurred in the ninety (90) days prior to such Measurement Date and (z) each other date expressly provided under this Agreement or the other Facility Documents on which such representations and warranties are required to be (or deemed to be) made, as follows:
Additional Representations and Warranties of the Borrower. The Borrower further represents and warrants to the Lender that:
7.1. the Borrower has no outstanding indebtedness or liabilities that would materially impair its ability to repay the Loan Amount;
7.2. there are no actions, suits, proceedings, or investigations pending or, to the Borrower’s knowledge, threatened against the Borrower that could reasonably be expected to have a material adverse effect on the Borrower’s business or its ability to repay the Loan;
7.3. the Borrower is in compliance with all applicable laws to the extent applicable;
7.4. the proceeds of the Loan will be used solely for the purposes specified in the recitals hereto and not for any illegal or unauthorized purpose; and
7.5. all financial and other information provided by the Borrower to the Lender is true, complete, and accurate in all material respects.
Additional Representations and Warranties of the Borrower. The Borrower and each other Obligor represents and warrants to the Lender as follows as at the date hereof:
(a) Due Authorization, Execution and Delivery. This Agreement has been duly authorized, executed and delivered by the Obligors, and this Agreement, and the Consolidated Loan Agreement as amended hereby, constitute legal, valid and binding obligations of the Obligors and are enforceable in accordance with their respective terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other laws affecting creditors’ rights generally and subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law.
Additional Representations and Warranties of the Borrower. The Borrower and each other Obligor represents and warrants to the Lender as follows as at the date hereof: