Representations Regarding Accounts and Inventory. The Companies represent and warrant to the Agent and the Lenders that:
Representations Regarding Accounts and Inventory. The Company represents and warrants to CIT that:
Representations Regarding Accounts and Inventory. Each of the Obligors hereby represents and warrants to the Agents and the Lenders that: each Trade Account Receivable of such Obligor is based on an actual and bona fide sale and delivery of Inventory or rendition of services to their respective customers, any other Account of such Obligor is bona fide, made by such Obligor in the ordinary course of its business; the Inventory of such Obligor being sold, and Trade Accounts Receivable created, are the exclusive property of such Obligor and are not and shall not be subject to any lien, consignment arrangement, encumbrance, security interest or financing statement whatsoever, other than the Permitted Encumbrances; the invoices evidencing such Trade Accounts Receivable are in the name of such Obligor, as applicable; and the customers of the relevant Obligor have accepted the Inventory or services, owe and are obligated to pay the full amounts stated in the invoices according to their terms, without dispute, offset, defense, counterclaim or contra, except for disputes and other matters arising in the ordinary course of business with respect to which such Obligor has complied with the notification requirements of Paragraph 3.5 of this Section 3. Each Obligor confirms to the Administrative Agent and the Lenders that any and all Taxes or fees relating to its business, its sales, the Accounts or Inventory relating thereto, are its sole responsibility and that same will be paid by such Obligor when due, subject to Paragraph 9.2(e) of Section 9 of this Financing Agreement, and that none of said Taxes or fees represents a lien on or claim against the Accounts. Each of the Obligors hereby further represents and warrants to the Administrative Agent and the Lenders that such Obligor shall not acquire any Inventory on a consignment basis, nor co-mingle its Inventory with any of inventory of any of its customers or any other Person (other than Inventory of another Obligor which constitutes Collateral), including pursuant to any xxxx and hold sale or otherwise, and that such Obligor's Inventory is marketable to its customers in the ordinary course of business of such Obligor, except as such Obligor may otherwise report in writing to the Administrative Agent pursuant to Paragraph 3.5 hereof from time to time.
Representations Regarding Accounts and Inventory. The Company represents and warrants to the Lender that: 32
Representations Regarding Accounts and Inventory. The Company represents and warrants to the Lender that:
Representations Regarding Accounts and Inventory. Each Borrower represents and warrants to the Agent and the Lenders that:
Representations Regarding Accounts and Inventory. 6.4 Covenants and Agreements Regarding Accounts and Inventory
Representations Regarding Accounts and Inventory. 24 6.5. COVENANTS AND AGREEMENTS REGARDING ACCOUNTS AND INVENTORY.................................. 25 6.6. COVENANTS AND AGREEMENTS REGARDING EQUIPMENT............................................... 26
Representations Regarding Accounts and Inventory. The Companies -------------------------------------------------- represent and warrant to CIT that:
