Common use of Compliance with Warranties, No Default, etc Clause in Contracts

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension, the following statements shall be true and correct: (i) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (ii) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7, (1) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and (2) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and (iii) no Default shall have then occurred and be continuing.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionThe Agent shall have received from an Authorized Officer of the Borrower a certificate, dated the following statements shall be true and correct:date first above written, stating that (ia) the representations and warranties set forth in Article VI of the Existing Credit Agreement (excluding, however, those contained in Section 6.76.7 thereof) and the representations and warranties set forth in each of the other Loan Document shallDocuments, in each casecase as modified in accordance herewith, be are true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be were true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7,6.7 of the Existing Credit Agreement: (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be is pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could reasonably be expected to might have a Material Materially Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and (2ii) no development shall have has occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 of the Existing Credit Agreement which could reasonably be expected to might have a Material Materially Adverse Effect; and (iiic) no Default shall have then has occurred and be is continuing, and neither the Borrower nor any of its Subsidiaries is in material violation of any law or government regulation or court order or decree.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension, this Amendment the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI of the Credit Agreement (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier early date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7,6.7 of the Credit Agreement (1i) no labor controversylitigation, litigationaction, proceeding, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries the Subsidiary Guarantors which could reasonably be expected to have a Material Adverse Effectmight materially adversely affect the Borrower’s consolidated financial condition, operations, assets, business, revenues, properties or prospects or which would adversely purports to affect the legality, validity or enforceability of this Agreement Agreement, or any other Loan Document; and; (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 of the Credit Agreement which could reasonably be expected to have a Material Adverse Effectmight materially adversely affect the Borrower’s consolidated financial condition, operations, assets, business, revenues, properties or prospects; and (iiic) no Default shall have then occurred and be continuing, and none of the Borrower, any other Group Company, or any of their respective Subsidiaries is in material violation of any law or governmental regulation or court order or decree.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionThe Agent shall have received from an Authorized Officer of the Borrower a certificate, dated the following statements shall be true and correct:date first above written, stating that (ia) the representations and warranties set forth in Article VI of the Credit Agreement (excluding, however, those contained in Section 6.76.7 thereof) and the representations and warranties set forth in each of the other Loan Document shallDocuments, in each casecase as modified in accordance herewith, be are true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be were true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7,6.7 of the Credit Agreement: (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be is pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could reasonably be expected to might have a Material Materially Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and (2ii) no development shall have has occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 of the Credit Agreement which could reasonably be expected to might have a Material Materially Adverse Effect; and (iiic) no Default shall have then has occurred and be is continuing, and neither the Borrower nor any of its Subsidiaries is in material violation of any law or government regulation or court order or decree.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionExtension (but, if any Default of the nature referred to in Section 9.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds of any Borrowing) the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI VII (excluding, however, those contained in Section 6.77.9) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower Borrowers to the Administrative Agent and the Lenders pursuant to Section 6.7,7.9 (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the BorrowerBorrowers, threatened against the Borrower Borrowers or any of its their Subsidiaries which could has or might reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 7.9 which could has or might reasonably be expected to have a Material Adverse Effect; and (iiic) no Default shall have then occurred and be continuing, and neither the Borrowers nor any other Obligor are in material violation of any Applicable Law or governmental regulation or court order or decree if such violation has or might reasonably be expected to have a Material Adverse Effect.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension, Extension the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, Section 2.1 of the Pledge Agreement shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders Lender pursuant to Section 6.7, (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries the Company which could is reasonably be expected likely to have a Material Adverse Effectmaterially adversely affect the Borrower's business, operations, assets, revenues, properties, or prospects, or which would adversely purports to affect the legality, validity or enforceability of this Agreement, the Note, the Pledge Agreement or any other Loan Document; , and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could is reasonably be expected likely to have a Material Adverse Effectmaterially adversely affect the business, operations, assets, revenues, properties or prospects of the Borrower or the Company; and (iiic) no Default shall have then occurred and be continuing, and the Borrower is not in violation of any law or governmental regulation or court order or decree the consequences of which are reasonably likely to be materially adverse to the Borrower.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension, the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier early date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower Borrowers to the Administrative Agent Agents and the Lenders pursuant to Section 6.7, 6.7 (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the any Borrower, overtly threatened against the any Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; (c) the sum of (x) the aggregate outstanding principal amount of all Revolving Loans and Swing Line Loans and (y) the Letter of Credit Outstandings does not exceed the lesser of the Revolving Loan Commitment Amount (as then in effect) or the then existing Borrowing Base Amount; and (iiid) no Default shall have then occurred and be continuing, and neither the Borrowers nor any other Material Obligor are in material violation of any material law or governmental regulation or court order or decree.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Borrowing or Letter of Credit Extension(but, if any Default of the nature referred to in Section 8.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds thereof) the following statements shall be true and correct: correct in all material respects (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); ; (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7, 6.7 (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect, Effect or which would adversely purports to affect the legality, validity or enforceability of this Agreement Agreement, the Notes or any other Loan Document; and , and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration arbitration, environmental or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and and (iiic) no Default shall have then occurred and be continuing, and neither the Borrower, any other Obligor, nor any of their Subsidiaries are in violation of any law or governmental regulation or court order or decree, which would have a Material Adverse Effect.

Compliance with Warranties, No Default, etc. Both The Borrower represents and warrants on the Third Amendment Effective Date for its Subsidiaries and itself, both before and after giving the effect to any Credit Extensionthis Amendatory Agreement, the following statements shall be true and correctas follows: (ia) the representations and warranties set forth in Article VI of the Credit Agreement (excluding, however, excluding those contained in Section 6.76.7 thereof) and in each other Loan Document shallare, in each case, be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be were true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (ii) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7, (1b) no adverse development has occurred in any litigation, action, proceeding, labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, disclosed pursuant to the knowledge Section 6.7 of the Borrower, threatened against the Borrower or any of its Subsidiaries Credit Agreement which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect ; (c) the legality, validity or enforceability sum of this Agreement or any other (A) the aggregate outstanding principal amount of all Revolving Loans and (B) the aggregate amount of all Letter of Credit Outstandings does not exceed the lesser of (c) the Revolving Loan DocumentCommitment Amount and (y) the Borrowing Base Amount; and (2) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and (iiid) no Default shall have then has occurred and be is continuing, and neither the Borrower, any other Obligor, nor any of its Subsidiaries are in material violation of any law or governmental regulation or court order or decree.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionBorrowing (but, if any Default of the nature referred to in Section 8.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds thereof) the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier early date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7, (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could has or may reasonably be expected to have a Material Adverse Effect, Effect or which would purports to materially and adversely affect the legality, validity or enforceability of this Agreement Agreement, the Notes or any other Loan Document, or of the Purchase Documents; and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could has or may reasonably be expected to have a Material Adverse Effect; and (iiic) no Default shall have then occurred and be continuing, and neither the Borrower nor any of its Subsidiaries are in violation of any law or governmental regulation or court order or decree which would reasonably be expected to result in a Material Adverse Effect.

Compliance with Warranties, No Default, etc. Both The Borrower represents and warrants on the Second Amendment Effective Date for its Subsidiaries and itself, both before and after giving effect to any Credit Extensionthis Amendatory Agreement, the following statements shall be true and correctas follows: (ia) the representations and warranties set forth in Article VI of the Credit Agreement (excluding, however, excluding those contained in Section 6.76.7 thereof) and in each other Loan Document shallare, in each case, be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be were true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (ii) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7, (1b) no adverse development has occurred in any litigation, action, proceeding, labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, disclosed pursuant to the knowledge Section 6.7 of the Borrower, threatened against the Borrower or any of its Subsidiaries Credit Agreement which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect ; (c) the legality, validity or enforceability sum of this Agreement or any other (A) the aggregate outstanding principal amount of all Revolving Loans and (B) the aggregate amount of all Letter of Credit Outstandings does not exceed the lesser of (c) the Revolving Loan DocumentCommitment Amount and (y) the Borrowing Base Amount; and (2) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and (iiid) no Default shall have then has occurred and be is continuing, and neither the Borrower, any other Obligor, nor any of its Subsidiaries are in material violation of any law or governmental regulation or court order or decree.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any the initial Credit Extension, Extensions the following statements shall be true and correct: (ia) the representations and warranties set forth in Article ARTICLE VI (excluding, however, those contained in Section SECTION 6.7) and in each other Loan Document shallare, in each case, be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made as of the date hereof (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be are true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section SECTION 6.7, (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be is pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this the Credit Agreement or any other Loan Document; and (2ii) no development shall have has occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section SECTION 6.7 which could reasonably be expected to have a Material Adverse Effect; and (iii) no Default shall have then has occurred and be is continuing.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionExtension (but, if any Default of the nature referred to in Section 9.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds of any Borrowing) the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI VII (excluding, however, those contained in Section 6.77.9) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower Borrowers to the Administrative Agent and the Lenders Lender pursuant to Section 6.7,7.9 (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the BorrowerBorrowers, threatened against the Borrower Borrowers which has or any of its Subsidiaries which could might reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 7.9 which could has or might reasonably be expected to have a Material Adverse Effect; and (iiic) no Default shall have then occurred and be continuing, and neither the Borrowers nor any other Obligor are in material violation of any Applicable Law or governmental regulation or court order or decree if such violation has or might reasonably be expected to have a Material Adverse Effect.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionExtension (but, if any Default of the nature referred to in Section 9.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds of any borrowing) the following statements shall be true and correct: correct (i) ai the representations and warranties set forth in Article VI VII (excluding, however, those contained in Section 6.77.9) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); ; (ii) bi except as disclosed by the Borrower to the Administrative Agent and the Lenders Lender pursuant to Section 6.7, 7.9 (1) iA no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could has or might reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and and (2) iiA no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 7.9 which could has or might reasonably be expected to have a Material Adverse Effect; and and (iii) ci no Default shall have then occurred and be continuing, and neither the Borrower nor any other Obligor are in material violation of any Applicable Law or court order or decree if such violation has or might reasonably be expected to have a Material Adverse Effect.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionExtension (but, if any Default of the nature referred to in Section 8.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds thereof) the following statements shall be true and correct: (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders pursuant to Section 6.7, (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and (iiic) no Default shall have then occurred and be continuing.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit ExtensionLoan (but, if any Default of the nature referred to in Section 8.1.9 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds thereof) the following statements shall be true and correct: correct (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); , (iib) except as disclosed by the Borrower to the Administrative Agent and the Lenders Lender pursuant to Section 6.7, 6.7 (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Borrower or any of its Subsidiaries or the Parent or any other Obligor which could reasonably be expected to have a Material Adverse Effect, or which would adversely affect the legality, validity or enforceability of this Agreement or any other Loan Document; and and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and and (iiic) no Default shall have then occurred and be continuing, and neither Borrower nor any of its Subsidiaries or the Parent or any other Obligor are in material violation of any Applicable Law.

Compliance with Warranties, No Default, etc. Both before and after giving effect to any Borrowing or Letter of Credit Extension(but, if any Default of the nature referred to in Section 8.1.5 shall have occurred with respect to any other Indebtedness, without giving effect to the application, directly or indirectly, of the proceeds thereof) the following statements shall be true and correct: correct in all material respects (ia) the representations and warranties set forth in Article VI (excluding, however, those contained in Section 6.7) and in each other Loan Document shall, in each case, shall be true and correct in all respects (with respect to representations and warranties qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations and warranties) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date unless such representations and warranties are qualified by materiality or Material Adverse Effect, in which case such representations and warranties shall be true and correct as of such earlier date); ; (iib) except as disclosed by the Borrower to the Canadian Administrative Agent and the Lenders pursuant to Section 6.7, , (1i) no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of the Borrower, threatened against the Parent, Borrower or any of its their Subsidiaries which could reasonably be expected to have a Material Adverse Effect, Effect or which would adversely purports to affect the legality, validity or enforceability of this Agreement Agreement, the Notes, or any other Loan Document; and and (2ii) no development shall have occurred in any labor controversy, litigation, arbitration arbitration, environmental or governmental investigation or proceeding disclosed pursuant to Section 6.7 which could reasonably be expected to have a Material Adverse Effect; and and (iiic) no Default shall have then occurred and be continuing, and neither the Parent, Borrower, any other Obligor, nor any of their Subsidiaries are in violation of any law or governmental regulation or court order or decree, which would have a Material Adverse Effect.