Representations and Warranties of Lenders Sample Clauses

Representations and Warranties of Lenders. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments or Loans, as the case may be, represents and warrants as of the Closing Date or as of the effective date of the applicable Assignment and Assumption that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments, loans or investments such as the Commitments and Loans; and (iii) it will make or invest in its Commitments and Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments and Loans within the meaning of the Securities Act or the Exchange Act, or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Commitments and Loans or any interests therein shall at all times remain within its exclusive control).

Representations and Warranties of Lenders. Each Lender (severally and not jointly) represents and warrants that:

Representations and Warranties of Lenders. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Revolving Commitments or Loans, as the case may be, represents and warrants as of the Closing Date or as of the effective date of the applicable Assignment and Assumption that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments, loans or investments such as the Revolving Commitments and Loans; and (iii) it will make or invest in its Revolving Commitments and Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments and Loans within the meaning of the Securities Act or the Exchange Act, or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Revolving Commitments and Loans or any interests therein shall at all times remain within its exclusive control).

Representations and Warranties of Lenders. Each Lender represents and warrants to each Borrower, Agent and the other Lenders that it has the power to enter into and perform its obligations under this Agreement and the other Loan Documents, and that it has taken all necessary and appropriate action to authorize its execution and performance of this Agreement and the other Loan Documents to which it is a party, each of which will be binding upon it and the obligations imposed upon it herein or therein will be enforceable against it in accordance with the respective terms of such documents; and none of the consideration used by it to make or fund its Loans or to participate in any other transactions under this Agreement constitutes for any purpose of ERISA or Section 4975 of the Internal Revenue Code assets of any "plan" as defined in Section 3(3) of ERISA or Section 4975 of the Internal Revenue Code and the rights and interests of such Lender in and under the Loan Documents shall not constitute plan assets under ERISA.

Representations and Warranties of Lenders. Each Lender, upon execution and delivery hereof represents and warrants as of the Closing Date to the Borrower that (i) it is an “accredited investor” (as defined in Regulation D under the Securities Act); (ii) it is a sophisticated party and has experience and expertise to evaluate, and is fully informed as to, the merits and risks of the making of commitments such as the applicable Commitments, and investing in the applicable Note and the Warrants to be issued to it (collectively, the “Lender Securities”), and is able to bear the economic risk of holding the Lender Securities for an indefinite period (including total loss of its investment); (iii) it will make its Commitment and acquire its Lender Securities for its own account in the ordinary course of its business and without a view to distribution of such Commitments and Lender Securities within the meaning of the Securities Act or the Exchange Act or other federal securities laws; (iv) such Lender does not own or control, or own or control any Person owning or controlling, any trade debt or Indebtedness of the Borrower other than the Obligations or any Capital Stock, Warrants or Notes of the Borrower; and (v) such Lender acknowledges that Borrower has given such Lender and its representatives the opportunity to ask questions of the Borrower and to acquire such additional information regarding its business and its financial condition as such Lender has requested. Each Lender acknowledges that Lender Securities have not been registered under the Securities Act, or any state securities laws, and that the Lender Securities may not be transferred or sold except pursuant to the registration provisions of the Securities Act or pursuant to an applicable exemption therefrom and subject to state securities laws, as applicable.

Representations and Warranties of Lenders. Each of the Lenders, severally and not jointly, represents and warrants to the Borrowers as follows:

Representations and Warranties of Lenders. Each Lender severally hereby makes the following representations and warranties to the Company as to itself only as of the date hereof:

Representations and Warranties of Lenders. By its execution of this Agreement, each Lender hereby represents and warrants to each Credit Party and the other Lenders that it has the power to enter into and perform its obligations under this Agreement and the other Loan Documents, and that it has taken all necessary and appropriate action to authorize its execution and performance of this Agreement and the other Loan Documents to which it is a party, each of which will be binding upon it and the obligations imposed upon it herein or therein will be enforceable against it in accordance with the respective terms of such documents.

Representations and Warranties of Lenders. Each Lender, severally and not jointly, represents and warrants to the Company that: