Borrower and Guarantor. (a) The Borrower and the Guarantor hereby confirm and repeat each of the representations and warranties made by it in clause 16.1 (except for paragraph 16.1(e)), 16.2 (except for paragraphs (c), (d), (e) and (f)) and 16.3 of the Facility Agreement (as varied by this deed) with reference to the facts and circumstances subsisting as at the date of this deed. (b) The Borrower and the Guarantor hereby represent and warrant in respect of itself only to each of the Agent and the Banks that no event has occurred which constitutes an Event of Default or a Potential Event of Default other than those events which have already been disclosed to the Agent in writing prior to the date of this deed.
Appears in 2 contracts
Sources: Loan Agreement (Uih Australia Pacific Inc), Loan Agreement (Uih Australia Pacific Inc)