Borrower’s Representations Sample Clauses
The Borrower’s Representations clause requires the borrower to make specific statements of fact about their legal status, authority, financial condition, and other relevant matters at the time the agreement is executed. Typically, these representations cover issues such as the borrower’s power to enter into the agreement, the accuracy of financial statements, and the absence of undisclosed liabilities or legal disputes. By including this clause, lenders gain assurance about the borrower’s reliability and the accuracy of key information, which helps mitigate risk and provides grounds for recourse if any representation is later found to be false or misleading.
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Borrower’s Representations. Borrower represents and warrants as follows:
(a) Except as expressly Approved by Lender in writing, no casualty or damage to any part of the Property which would cost more than $50,000 to restore or replace has occurred which has not been fully restored or replaced.
(b) No part of the Property has been taken in condemnation or other similar proceeding or transferred in lieu of condemnation, nor has Borrower received notice of any proposed condemnation or other similar proceeding affecting the Property.
(c) There is no pending proceeding for the total or partial condemnation of the Property.
Borrower’s Representations. Borrower hereby represents and warrants that, after giving effect to this Amendment Agreement and the transactions contemplated hereby, no Potential Default or Event of Default has occurred and is continuing under the Credit Agreement or other Loan Documents.
Borrower’s Representations. The Borrower is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization with full power and authority to own, lease, license and use its properties and assets and to carry out the business in which it proposes to engage. The Borrower has the requisite corporate power and authority to execute, deliver and perform its obligations under this Note and to issue and sell this Note. All necessary proceedings of the Borrower have been duly taken to authorize the execution, delivery, and performance of this Note. When this Note is executed and delivered by the Borrower, it will constitute the legal, valid and binding obligation of the Borrower enforceable against the Borrower in accordance with their terms, except as such enforceability may be limited by general principles of equity or to applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors' rights and remedies.
Borrower’s Representations. Borrower hereby represents and warrants to Lender as follows:
Borrower’s Representations. Borrower hereby represents and warrants to ANFI as of the date hereof as follows:
(a) Borrower is the sole owner and holder of the Shares and has the full right to sell the Shares on the terms and conditions set forth herein without consent of any third party.
(b) This Agreement constitutes a legal, valid and binding obligation of Borrower enforceable against Borrower in accordance with its terms.
Borrower’s Representations. Borrower hereby represents and warrants to the Administrative Agent and the Lenders, as follows:
(a) each of the representations and warranties of Borrower contained or incorporated in the Credit Agreement, as amended by this Agreement, or any of the other Loan Documents to which it is a party, are true and correct in all material respects on and as of the date hereof (except if any such representation or warranty is expressly stated to have been made as of a specific date, then as of such specific date);
(b) as of the date hereof and immediately after giving effect to this Agreement, no Default and no Event of Default has occurred and is continuing;
(c) Borrower has all necessary limited partnership power and authority to execute, deliver and perform its obligations under this Agreement; Borrower has been duly authorized by all necessary limited partnership action on its part; and this Agreement has been duly and validly executed and delivered by Borrower and constitutes Borrower’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be limited by (i) bankruptcy, insolvency, reorganization, moratorium or similar laws of general applicability affecting the enforcement of creditors’ rights and (ii) the application of general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law); and
(d) Borrower’s execution and delivery of this Agreement (i) does not require any consent or approval of, registration or filing with, or any other action by, any governmental authority, except for such as have been obtained or made and are in full force and effect, (ii) will not violate any applicable law or regulation or the charter, by‑laws or other organizational documents of Borrower or any order of any governmental authority and (iii) will not violate or result in a default under any indenture, agreement or other instrument binding upon Borrower or any of its assets.
Borrower’s Representations. Borrower represents and warrants to Lender that each of the representations and warranties set forth in that certain Closing Certificate of even date herewith executed by Borrower in favor of Lender are true and correct as of the date hereof and are hereby incorporated and restated in this Security Instrument by this reference.
Borrower’s Representations. The Borrower represents and warrants, which representations and warranties are deemed to be repeated at the time of each advance hereunder as though made at such time, except in the case of a representation or warranty of the Borrower that is made with respect to a specific date, in which case such representation or warranty shall have been true on such date, as follows:
(a) The Borrower is a corporation, duly incorporated and organized and validly existing under the laws of the Province of Nova Scotia. The Borrower is duly qualified, licensed or registered to carry on business under the laws applicable to it in all jurisdictions in which such qualification, licensing or registration is necessary except where failure to be so qualified would not have a Material Adverse Effect. The Borrower has all necessary corporate power and authority to own or lease its property and assets and to carry on its business as now being conducted by it, and to authorize, create, execute, deliver and perform all of its obligations under the Credit Documents in accordance with their respective terms and the transactions contemplated thereunder are all within the Borrower’s corporate powers;
(b) The execution, delivery and performance of the Credit Documents and the transactions contemplated thereunder have been duly authorized and are not in contravention of Applicable Laws or the terms of Borrower’s certificate of incorporation, bylaws, or other organizational documentation, or any indenture, agreement or undertaking to which Borrower is a party or by which Borrower or its property are bound and the Credit Documents have been duly executed and delivered by the Borrower and constitute legal, valid and binding obligations of the Borrower, enforceable against it in accordance with their respective terms;
(c) Except as disclosed in the Disclosure Schedule, the Borrower is not in default under any of its obligations and there are no actions, suits or proceedings, pending or, to the best of the Borrower’s knowledge, threatened, against or affecting it which if adversely determined against Borrower would result in a Material Adverse Effect. Without limiting the foregoing, except as set forth in the Disclosure Schedule, to the best of Borrower’s knowledge, there is no present investigation by any governmental agency pending or threatened, against or affecting Borrower, its assets or business and there is no action, suit, proceeding or claim by any person pending, or to the best of Bor...
Borrower’s Representations. Each Borrower represents and warrants that, as of the Closing Date:
Borrower’s Representations. The Borrower represents as follows:
(a) it has made invitations for participation as a "Lender" under this Agreement to at least ten persons, each of whom the Borrower's officers involved in the transaction evidenced by the Finance Documents on a day to day basis believe carries on the business of providing finance or investing or dealing in securities in the course of operating in financial markets for the purposes of section 128F(3)(a)(i) of the Tax Act;