Representation by Lenders. Each Lender hereby represents that it will acquire its Note for its own account in the ordinary course of its commercial lending business; however, the disposition of such Lender's property shall at all times be and remain within its control and, in particular and without limitation, such Lender may sell or otherwise transfer its Note, any participation interest or other interest in its Note, or any of its other rights and obligations under the Loan Documents.
Representation by Lenders. Each Lender hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Advances hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Lender shall at all times be within its exclusive control.
Representation by Lenders. Each Lender hereby represents that it will acquire its Notes for its own account in the ordinary course of its commercial lending business; however, such Lender may sell or otherwise transfer its Notes, any participation interest or other interest in its Notes, or any of its other rights and obligations under the Loan Documents as permitted by Section 8.8.
Representation by Lenders. Each Lender party to this Agreement on the Restatement Date represents and warrants that on the date hereof it is carrying on the business of providing finance, or investing or dealing in securities, in the course of operating in financial markets.
Representation by Lenders. Each Lender hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided that, subject to Section 10.08, the disposition of the Note or Notes held by that Lender shall at all times be within its exclusive control.
Representation by Lenders. Each Lender hereby represents that it will acquire its Note for its own account in the ordinary course of its commercial lending business; however, the disposition of such Lender’s property shall at all times be and remain within its control and, in particular and without limitation, such Lender may sell or otherwise transfer its Notes, Loans, Letters of Credit and Commitments, any participation interest or other interest in its Notes, Loans, Letters of Credit or Commitments, or any of its other rights and obligations under the Loan Documents, but subject to the terms and provisions hereof, including Section 10.6.
Representation by Lenders. Each of the Lenders represents and warrants to the Borrower that as of the date hereof, such Lender is a “qualified purchaser,” as such term is defined in Section 2(a)(51) of the Investment Company Act of 1940, as amended, and Rules 2a51-1, 2a51-2 and 2a51-3 thereunder.
Representation by Lenders. 52 13.9 Obligations................................................. 52 13.10
Representation by Lenders. 49 TABLE OF CONTENTS (continued) Page
Representation by Lenders. 95 Section 10.10. Obligations Several................................................................95 Section 10.11. Survival of Certain Obligations....................................................95 Section 10.12. Governing Law; Arbitration; Waiver of Jury Trial, Etc..............................95 Section 10.13. Severability.......................................................................97 Section 10.14. Judgment Currency..................................................................97 Section 10.15. Interest...........................................................................97 Section 10.16. Interpretation.....................................................................97 Section 10.17. Counterparts; Integration; Effectiveness; Electronic Execution.....................98 -iii- Article XI AMENDMENT AND RESTATEMENT............................................................................98 Section 11.01. Interrelationship with the Existing Credit Agreement...............................98 Section 11.02. Confirmation of Existing Obligations...............................................99 Schedules --------- Schedule 1.01(a) Letters of Credit Schedule 101(b) Mortgages Schedule 1.01(c) Obligations Schedule 1.01(d) Revolving Credit Commitments Schedule 1.01(e) Mandatory Costs Schedule 5.04(b) Material Adverse Effect Schedule 5.05 Material Litigation Schedule 5.08 Existing Subsidiaries Schedule 5.11 Property Schedule 5.14 Disclosure of Environmental Liabilities Schedule 6.09 Liens Schedule 6.10 Consolidated Senior Debt Exhibits -------- EXHIBIT A Revolving Credit Note EXHIBIT B Form of Opinion of Counsel for the Loan Parties EXHIBIT C Form of Opinion of Local Counsel for the Loan Parties EXHIBIT D [RESERVED] EXHIBIT E Closing Certificate EXHIBIT F Secretary's Certificate EXHIBIT G Form of Compliance Certificate EXHIBIT H Assignment and Assumption EXHIBIT I Notice of Borrowing EXHIBIT J Guaranty Agreement EXHIBIT K Indemnity, Subrogation and Contribution Agreement EXHIBIT L U.S. Pledge Agreement EXHIBIT M Collateral Agency and Intercreditor Agreement EXHIBIT N Swing Line Note EXHIBIT O Swing Line Loan Request EXHIBIT P Form of Notice in Respect of Issuance of Letters of Credit EXHIBIT Q Borrower Security Agreement EXHIBIT R Form of Mortgage EXHIBIT S Subsidiary Security Agreement EXHIBIT T Indian Pledge Agreement SECOND AMENDED AND RESTATED CREDIT AGREEMENT SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of January 28, 2004 am...
