Common use of Representations and Warranties of the Borrowers Clause in Contracts

Representations and Warranties of the Borrowers. Each Borrower represents and warrants that: (a) Such Borrower has the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower of this Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, and this Amendment constitutes a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability may be limited by any bankruptcy, insolvency or similar law affecting the enforcement of creditors' rights generally; (b) Each of the representations and warranties contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects on and as of the date hereof as if made on the date hereof; and (c) After giving effect to this amendment, no Default or Unmatured Default has occurred and is continuing.

Representations and Warranties of the Borrowers. Each Borrower represents The Borrowers represent and warrants warrant that: (a) Such Borrower has The execution, delivery and performance by the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower Borrowers of this Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, all necessary corporate action and that this Amendment constitutes is a legal, valid and binding obligation of such Borrower the Borrowers enforceable against such Borrower the Borrowers in accordance with its terms, except as enforceability the enforcement thereof may be limited by subject to the effect of any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law affecting the enforcement of creditors' ’ rights generally; (b) Each of the representations and warranties contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects (except that any representation or warranty which is already qualified as to materiality or by reference to Material Adverse Effect is true and correct in all respects) on and as of the date hereof as if made on the date hereof; and(other than representations and warranties that relate solely to an earlier date); (c) After giving effect to this amendmentAmendment, no Default or Unmatured Default has occurred and is continuing.

Representations and Warranties of the Borrowers. Each Borrower represents and warrants that: (a) Such Borrower has the requisite power The execution, delivery and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery performance by such Borrower of this Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, all necessary corporate proceedings and that this Amendment constitutes is a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability may be limited by any bankruptcy, insolvency or similar law affecting the enforcement creditors’ rights generally and by general principles of creditors' rights generallyequity; (b) Each After giving effect to this Amendment, each of the representations and warranties of such Borrower contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects on and as of the date hereof as if made on the date hereof; andhereof 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 was true and correct on and as of such earlier date; (c) After giving effect to this amendmentAmendment, no Default or Unmatured Default has occurred and is continuingcontinuing with respect to such Borrower.

Representations and Warranties of the Borrowers. Each Borrower of the Borrowers represents and warrants that: (a) Such Borrower has the requisite power The execution, delivery and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery performance by such Borrower of this Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, all necessary corporate action and that this Amendment constitutes is a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability the enforcement thereof may be limited by subject to the effect of any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law affecting the enforcement of creditors' rights generally; (b) Each of the representations and warranties contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects on and as of the date hereof as if made on the date hereof; and; (c) Neither the execution, delivery and performance of this Amendment nor the consummation of the transactions contemplated hereby does or shall conflict with or breach any of the terms of the Senior Notes or Subordinated Notes; (d) After giving effect to this amendmentAmendment, no Default or Unmatured Event of Default has occurred and is continuing.

Representations and Warranties of the Borrowers. Each Borrower hereby represents and warrants thatas follows: (a) Such Borrower has the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower of this This Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, and this Amendment constitutes a Amended Credit Agreement constitute legal, valid and binding obligation obligations of such Borrower and are enforceable against such Borrower in accordance with its their terms, except as enforceability may be limited by any subject to (i) applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law other laws affecting the enforcement creditors’ rights generally and (ii) general principles of creditors' rights generally;equity, regardless of whether such enforceability is considered in a proceeding in equity or at law. (b) Each As of the date hereof and immediately after giving effect to the terms of this Amendment, (i) no Event of Default or Default has occurred and is continuing and (ii) the representations and warranties contained of such Borrower set forth in the Amended Credit Agreement are true and correct in all material respects, except to the extent such representation and warranty is qualified by Material Adverse Effect or other Loan Documents materiality qualification, in which case such representation and warranty is true and correct in all material respects on and as of the date hereof as if made on the date hereof; and (c) After giving effect to this amendment, no Default or Unmatured Default has occurred and is continuingrespects.

Representations and Warranties of the Borrowers. Each Borrower hereby represents and warrants thatas follows: (a) Such Borrower has the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower of this This Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, and this Amendment constitutes a Amended Credit Agreement constitute legal, valid and binding obligation obligations of such Borrower and are enforceable against such Borrower in accordance with its their terms, except as enforceability may be limited by any subject to (i) applicable bankruptcy, insolvency insolvency, examinership, reorganization, moratorium or similar law other laws affecting the enforcement creditors’ rights generally and (ii) general principles of creditors' rights generally;equity, regardless of whether such enforceability is considered in a proceeding in equity or at law. (b) Each As of the date hereof and immediately after giving effect to the terms of this Amendment, (i) no Event of Default or Default has occurred and is continuing and (ii) the representations and warranties contained of such Borrower set forth in the Amended Credit Agreement are true and correct in all material respects, except to the extent such representation and warranty is qualified by Material Adverse Effect or other Loan Documents materiality qualification, in which case such representation and warranty is true and correct in all material respects on and as of the date hereof as if made on the date hereof; and (c) After giving effect to this amendment, no Default or Unmatured Default has occurred and is continuingrespects.

Representations and Warranties of the Borrowers. Each Borrower represents The Borrowers represent and warrants warrant that: (a) Such Borrower has The execution, delivery and performance by each of the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower Borrowers of this Amendment and the performance of its obligations hereunder Agreement have been duly authorized by proper proceedings, all necessary corporate action and that this Amendment constitutes Agreement is a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability the enforcement thereof may be limited by subject to the effect of any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law affecting the enforcement of creditors' rights generally; (b) Each of the representations and warranties contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects on and as of the date hereof as if made on the date hereof, except to the extent that any such representation or warranty relates to an earlier date, in which case such representation or warranty shall be true and correct in all material respects as of such earlier date; and (c) After giving effect to this amendmentAgreement, no Default or Unmatured Event of Default has occurred and is continuing.

Representations and Warranties of the Borrowers. Each Borrower of the Borrowers represents and warrants that: (a) Such Borrower has The execution, delivery and performance by the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower Borrowers of this Amendment and the performance of its obligations hereunder have been duly authorized by proper proceedings, all necessary corporate action and that this Amendment constitutes is a legal, valid and binding obligation of such Borrower the Borrowers enforceable against such Borrower the Borrowers in accordance with its terms, except as enforceability the enforcement thereof may be limited by subject to the effect of any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law affecting the enforcement of creditors' ’ rights generally; (b) Each of the representations and warranties contained in the Credit Agreement (treating this Amendment and the other Loan Documents Credit Agreement as amended hereby as “Credit Documents” for purposes thereof) is true and correct in all material respects on and as of the date hereof as if made on the date hereof; and; (c) After giving effect to this amendmentAmendment, no Default or Unmatured Event of Default has occurred and is continuing.

Representations and Warranties of the Borrowers. Each Borrower represents The Borrowers represent and warrants warrant that: (a) Such Borrower has The execution, delivery and performance by each of the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower Borrowers of this Amendment and the performance of its obligations hereunder Agreement have been duly authorized by proper proceedings, all necessary corporate action and that this Amendment constitutes Agreement is a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability the enforcement thereof may be limited by subject to the effect of any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law affecting the enforcement of creditors' rights generally; (b) Each of the representations and warranties contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects on and as of the date hereof as if made on the date hereof, except to the extent that any such representation or warranty relates to an earlier date, in which case such representation or warranty shall be true and correct in all material respects as of such earlier date; and (c) After giving effect to this amendmentAgreement, no Default or Unmatured Default has occurred and is continuing.

Representations and Warranties of the Borrowers. Each Borrower represents The Borrowers ---------------------------------------------------- represent and warrants warrant that: (a) Such Borrower has The execution, delivery and performance by each of the requisite power and authority and legal right to execute and deliver this Amendment and to perform its obligations hereunder. The execution and delivery by such Borrower Borrowers of this Amendment and the performance of its obligations hereunder Agreement have been duly authorized by proper proceedings, all necessary corporate action and that this Amendment constitutes Agreement is a legal, valid and binding obligation of such Borrower enforceable against such Borrower in accordance with its terms, except as enforceability the enforcement thereof may be limited by subject to the effect of any applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar law affecting the enforcement of creditors' rights generally; (b) Each of the representations and warranties contained in the Credit Agreement and the other Loan Documents is true and correct in all material respects on and as of the date hereof as if made on the date hereof, except to the extent that any such representation or warranty relates to an earlier date, in which case such representation or warranty shall be true and correct in all material respects as of such earlier date; and (c) After giving effect to this amendmentAgreement, no Default or Unmatured Event of Default has occurred and is continuing.