SECTION REPRESENTATIONS AND WARRANTIES. The Company represents and warrants to the Bank that (a) each warranty set forth in Section 9 of the Credit Agreement is true and correct as of the date of the execution and delivery of this Amendment by the Company, with the same effect as if made on such date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they were true and correct as of such earlier date), (b) the execution and delivery by the Company of this Amendment and the performance by the Company of its obligations under the Credit Agreement, as amended hereby (as so amended, the "Amended Credit Agreement"), (i) are within the corporate powers of the Company, (ii) have been duly authorized by all necessary corporate action on the part of the Company, (iii) have received all necessary governmental approval and (iv) do not and will not contravene or conflict with any provision of law or of the charter, by-laws or other organizational documents of the Company or any Subsidiary or of any agreement, indenture, instrument or other document, or any judgment, order or decree, which is binding on the Company or any Subsidiary and (c) the Amended Credit Agreement is the legal, valid and binding obligation of the Company enforceable against the Company in accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency or other similar laws of general application affecting the enforcement of creditors' rights or by general principles of equity limiting the availability of equitable remedies.
SECTION REPRESENTATIONS AND WARRANTIES. Dollar hereby represents and warrant ------------------------------ that, after giving effect to this Amendment (i) each representation and warranty of each Lessee contained in the Operative Documents is true and correct in all Material respects on and as of the date hereof as though made on and as of the date hereof, except to the extent such representations or warranties relate solely to an earlier date, in which case such representations and warranties were true and correct in all Material respects on and as of such earlier date, (ii) no Event of Default, Potential Event of Default or Construction Force Majeure Event has occurred and is continuing, (iii) each Operative Document to which any Lessee is a party is in full force and effect with respect to it and (iv) no event that could reasonably be expected to have a Material Adverse Effect has occurred since January 29, 1999.
SECTION REPRESENTATIONS AND WARRANTIES. Borrower represents and warrants to Administrative Agent and Lenders that:
SECTION REPRESENTATIONS AND WARRANTIES. Each Guarantor hereby represents --------------- --- ----------- and warrants as follows:
SECTION REPRESENTATIONS AND WARRANTIES. All representations and warranties of the Borrower and its Subsidiaries and, to the Borrower's knowledge (after due inquiry), FLAG Telecom, contained in the Project Documents are true and correct in all material respects, except to the extent that such representations and warranties relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate in all material respects on and as of such earlier date). All representations and warranties of the Borrower and its Subsidiaries and, to the Borrower's knowledge (after due inquiry), FLAG Telecom contained in the Security Documents are true and correct in all material respects, except to the extent that such representations and warranties relate solely to an earlier date (in which case such representations and warranties shall have been true and accurate in all material respects on and as of such earlier date).
SECTION REPRESENTATIONS AND WARRANTIES. II. III. The Borrower represents and warrants as follows: IV.
SECTION REPRESENTATIONS AND WARRANTIES. To induce the Administrative Agent and the Lenders to enter into this Agreement and to make the Loans and issue or participate in the Letters of Credit, TWTC and the Borrower hereby jointly and severally represent and warrant to the Administrative Agent and each Lender that:
SECTION REPRESENTATIONS AND WARRANTIES. The Grantor represents and warrants as follows:
SECTION REPRESENTATIONS AND WARRANTIES. 72 Section 5.1 Corporate Status....................................................... 72 Section 5.2 Corporate Power and Authority.......................................... 72 Section 5.3 No Violation........................................................... 72 Section 5.4 Litigation............................................................. 73 Section 5.5 Financial Statements; Financial Condition; etc......................... 73 CKE SIXTH AMENDED AND RESTATED CREDIT AGREEMENT
SECTION REPRESENTATIONS AND WARRANTIES. In order to induce the Lenders to enter into this Agreement and to make the Loans and to induce the Issuing Bank to issue Letters of Credit, the Borrower makes the following representations and warranties, which shall survive the execution and delivery of this Agreement and the Notes and the making of the Loans and the Issuance of the Letters of Credit:
