REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. Grantor represents and warrants to Lender that:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. Grantor represents and warrants to Lender that: Ownership. Grantor is the lawful owner of the Collateral free and clear of all security interests, liens, encumbrances and claims of others except as disclosed to and accepted by Xxxxxx in writing prior to execution of this Agreement.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: Perfection of Security Interest. Grantor agrees to take whatever actions are requested by Lender to perfect and continue Lender's security interest in the Collateral. Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral, and Grantor will note Lender's interest upon any and all chattel paper and instruments if not delivered to Lender for possession by Lender. This is a continuing Security Agreement and will continue in effect even though all or any part of the Indebtedness is paid in full and even though for a period of time Borrower may not be indebted to Lender. Notices to Lender. Grantor will promptly notify Lender in writing at Lender's address shown below (or such other addresses as Lender may designate from time to time) prior to any (1) change in Grantor's name; (2) change in Grantor's assumed business name(s); (3) change in the management or in the members or managers of the limited liability company Grantor; (4) change in the authorized signer(s); (5) change in Grantor's principal office address; (6) change in Grantor's state of organization; (7) conversion of Grantor to a new or different type of business entity; or (8) change in any other aspect of Grantor that directly or indirectly relates to any agreements between Grantor and Lender. No change in Grantor's name or state of organization will take effect until after Lender has received notice. OLD NATIONAL BANK 00 X. Xxxx Xxxxxx Xxxxx 000 Xxxxxxx, XX 00000 No Violation. The execution and delivery of this Agreement will not violate any law or agreement governing Grantor or to which Grantor is a party, and its membership agreement does not prohibit any term or condition of this Agreement.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: Perfection of Security Interest. Grantor agrees to take whatever actions are requested by Lender to perfect and continue Lender’s security interest in the Collateral. Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral, and Grantor will note Lender’s interest upon any and all chattel paper and instruments if not delivered to Lender for possession by Lender. This is a continuing Security Agreement and will continue in effect even though all or any part of the Indebtedness is paid in full and even though for a period of time Grantor may not be indebted to Lender.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. The Debtor represents and warrants that (i) it has all requisite power and authority to enter into this Agreement; (ii) except for any financing statement that may be filed by the Collateral Agent, for the ratable benefit of the Secured Parties, with respect to the Collateral, no financing statement covering the Collateral, or any part thereof, has been filed with any filing officer or agency; (iii) no other security agreement covering the Collateral, or any part thereof, has been made and no security interest, other than the one created herein, has attached to or been perfected in the Collateral or in any part thereof; (iv) on the date hereof the Debtor's jurisdiction of organization and identification number from such jurisdiction of organization is specified on Schedule 1 hereto; (v) no dispute, right of setoff, counterclaim, or defense exists with respect to any part of the Collateral; and (vi) the Collateral is located only in the jurisdictions specified on Schedule 1 hereto.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. The Company represents and warrants to the Purchasers that:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to the Collateral, Grantor represents and promises to Lender that: PERFECTION OF SECURITY INTEREST. Grantor agrees to execute financing statements and to take whatever other actions are requested by Lender to perfect and continue Lender's security interest in the Collateral. Upon request of Lender, Grantor will deliver to Lender any and all of the documents evidencing or constituting the Collateral, and Grantor will note Lender's interest upon any and all chattel paper if not delivered to Lender for possession by Lender.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. With respect to each Mortgage Loan and Mortgaged Property and any related Lease acquired by an Issuer prior to the date hereof and included in the Collateral Pool as of the date hereof (such Mortgage Loans, Mortgaged Properties and related Leases, collectively, the “Existing Collateral Assets”), such Issuer hereby makes the representations and warranties set forth on Schedule III-1 (in the case of Mortgage Loans) or Schedule III-2 (in the case of Mortgaged Properties and any related Leases), in each case as of, and with respect to the facts and circumstances that existed as of, (i) the date specified in such representation or warranty or (ii) if no such date is specified in such representation or warranty, the later of (X) March 29, 2007 and (Y) the date such Issuer acquired such Mortgaged Property and related Lease or Mortgage Loan. Any representations and warranties made prior to the date hereof by any Issuer with respect to the Existing Collateral Assets are hereby cancelled and shall no longer be of any force or effect for any purpose under the Transaction Documents or otherwise. For the avoidance of doubt, each such representation or warranty with respect to any Existing Collateral Asset will be subject to any exceptions relating thereto as set forth in Schedule IV hereto.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE COLLATERAL. Grantor represents and warrants to lender that:
