After giving effect to the amendments contained in Article 1 of this Amendment, the representations and warranties contained in Article IV of the Credit Agreement are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof.
After giving effect to the amendments herein contained, the representations and warranties contained in the Credit Agreement and the representations and warranties contained in the other Loan Documents are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof, and no Default or Unmatured Default exists or has occurred and is continuing on the date hereof.
After giving effect to the transactions contemplated by this Agreement, the Borrower (a) will have capital and assets sufficient to carry on its business and all businesses in which it is engaged or about to be engaged, (b) will be solvent and able to pay its debts and other liabilities, whether fixed or contingent, as they mature, and (c) will own property the present fair saleable value of which on a going concern basis (assuming an orderly liquidation) is greater than the amount required to pay its debts and other liabilities, whether fixed or contingent The Borrower does not intend to incur, and does not believe that it is incurring obligations beyond its ability to pay as they mature.
After giving effect to the amendments herein contained, the representations and warranties contained in the Five-Year Credit Agreement and the representations and warranties contained in the other Loan Documents are true on and as of the date hereof with the same force and effect as if made on and as of the date hereof, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date, and no Default or Unmatured Default exists or has occurred and is continuing on the date hereof.
After giving effect to transactions contemplated hereby and subject to the liquidity requirements set forth in the Projections, each Guarantor is Solvent. No transfer of property is being made by such Guarantor and no obligation is being incurred by such Guarantor in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of such Guarantor.
After giving effect to the amendments to and restatement of the Mortgage as set forth in this First Amendment, the representations and warranties of the Mortgagor set forth in the Mortgage are true and correct as of the date hereof as if made on the date hereof.
After giving effect to the transfer in Paragraph 1, you represent and warrant that you will not own any equity security in Service Transport Company. The share certificates and stock power referred to in Paragraph 1 should be sent by overnight mail to: Ed Cummings Intellesale.com 2047 Rte. 000 Xxxxx Buxxxxxxxx, XX 08016 Xxxx xxxxx xxxxx, INTELLESALE.COM, INC. Bx: /x/ Xxxx Xxerman ----------------------- Name: Marc Sherman Title: Prxxxxxxx Xgreed to and accepted: By: /s/ Carl C. Saracino ---------------------- Carl C. Saracino
After giving effect to the transactions contemplated herein and hereby and the provisions of this Amendment, Borrowers, Guarantors and their respective Subsidiaries are not in default under, in violation of or in contravention of, in any respect, any indenture, mortgage, deed of trust, deed to secure debt, material agreement or instrument to which it is a party or by which it or any of its assets or properties may be or are bound.
After giving effect to the Optional Sale and the assignment to the Seller of Optional Sale Related Collateral on any Optional Sale Date, (x) the remaining Net Investment (less Principal Collections held in the Collection Account and the Lock-Box Account at the close of business on the Optional Sale Date and not yet applied) shall be less than or equal to the product of the Advance Percentage and the Net Pool Balance and (y) a Termination Event or Potential Termination Event shall not have resulted.
After giving effect to the amendment of the Credit Agreement pursuant to this Amendment and the consummation of the transactions contemplated hereby (i) each of the representations and warranties set forth in Article 6 of the Credit Agreement is true and correct in all respects as if made on the date hereof (with references to the Credit Agreement being deemed to include this Amendment), and (ii) there exists no Default or Event of Default under the Credit Agreement after giving effect to this Amendment.
