As of the Amendment No. 1 Effective Date, to the best knowledge of the Borrower, the information included in the Beneficial Ownership Certification provided on or prior to the Amendment No. 1 Effective Date to any Lender in connection with Amendment No. 1 is true and correct in all material respects.
As of the Amendment No. 2 Effective Date, there are no strikes, lockouts or slowdowns against any Loan Party or any Subsidiary pending or, to the knowledge of the Borrower, threatened. The, which could reasonably be expected, individually or in the aggregate, to have a Material Adverse Effect. Except as could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect, the hours worked by and payments made to employees of the Loan Parties and the Subsidiaries have not been in violation of the Fair Labor Standards Act or any other applicable Federal, state, local or foreign law dealing with such matters. AllExcept as could not reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect, all payments due from any Loan Party or any Subsidiary, or for which any claim may be made against any Loan Party or any Subsidiary, on account of wages and employee health and welfare insurance and other benefits, have been paid or accrued as a liability on the books of the Loan Party or such Subsidiary.
As of the Amendment No. 6 Effective Date, the information included in the Beneficial Ownership Certification provided on or prior to the Amendment No. 6 Effective Date to any Lender (if any) in connection with this Credit Agreement is true and correct in all material respects.
As of the Amendment No. 1 Effective Date, the Borrower agrees to pay the fees set forth in the Amendment No. 1 Fee Letter in accordance with the terms of the Amendment No. 1 Fee Letter.
As of the Amendment No. 5 Effective Date, the Borrower has heretofore delivered to each of the Lenders true and complete copies of each of the Affiliate Agreements as in effect on the Amendment No. 5 Effective Date (including any schedules and exhibits thereto, and any amendments, supplements or waivers executed and delivered thereunder). As of the Amendment No. 5 Effective Date, (a) each of the Affiliate Agreements is in full force and effect, and (b) Medley Capital LLC (which, as of the Amendment No. 5 Effective Date, is under the Control of Brook Txxxx, Xxxxxx FentressJeff Txxxxx and Sxxx Xxxxx) Controls the Investment Advisor, and (c) other than the Affiliate Agreements, there is no contract, agreement or understanding, in writing, between the Borrower or any of its Subsidiaries, on the one hand, and any Affiliate of the Borrower, on the other hand.
