Common use of Representations and Warranties; Etc Clause in Contracts

Representations and Warranties; Etc. To induce the Lenders to enter into this Amendment, the Borrower represents and warrants to the Administrative Agent and the and the Lenders that as of the date hereof: (a) each of the representations and warranties by the Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the Borrower; (c) the Credit Agreement and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Lenders to enter into this AmendmentAgreement, each of the Borrower represents Borrowers shall have represented and warrants warranted to the Administrative Agent, the Letter of Credit Issuer, the Collateral Agent, the Syndication Agent and the Lenders, and by its execution and delivery of this Agreement such Borrower does hereby represent and warrant to the Administrative Agent, the Letter of Credit Issuer, the Collateral Agent, the Syndication Agent and the Lenders that as of the date hereofLenders, that: (a) each of the representations and warranties by the such Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment Agreement has been duly authorized by all requisite organizational action on the part of the such Borrower; (c) the Credit Agreement and each other Loan Document to which it is a party constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto such Borrower in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting the enforcement of creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan DocumentsDocuments (after giving effect to this Agreement).

Representations and Warranties; Etc. To induce the Lenders to enter into this Amendment, the Borrower represents and warrants to the Administrative Agent and the and the Lenders that as of the date hereof, after giving effect to this Amendment: (a) each of the representations and warranties by the Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the Borrower; (c) the Credit Agreement and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Lenders and L/C Issuers to enter into this Amendment, the Borrower represents and warrants to the Administrative Agent and the Agent, each L/C Issuer and the Lenders that as of the date hereof (giving effect to Section 2 hereof:): (a) each of the representations and warranties by the Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the Borrower; (c) the Credit Agreement and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Lenders to enter into this Amendment, each of the Borrower represents Borrowers shall have represented and warrants warranted to the Administrative Agent, the Letter of Credit Issuer, the Collateral Agent, the Syndication Agent and the Lenders, and by its execution and delivery of this Amendment such Borrower does hereby represent and warrant to the Administrative Agent, the Letter of Credit Issuer, the Collateral Agent, the Syndication Agent and the Lenders that as of the date hereofLenders, that: (a) each of the representations and warranties by the such Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the such Borrower; (c) the Credit Agreement and each other Loan Document to which it is a party constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto such Borrower in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting the enforcement of creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan DocumentsDocuments (after giving effect to this Amendment).

Representations and Warranties; Etc. To induce the Lenders to enter into this Amendment, each of the Borrower represents Borrowers shall have represented and warrants warranted to the Administrative Agent, the Letter of Credit Issuer, the Collateral Agent, the Syndication Agent and the Lenders, and by its execution and delivery of this Amendment such Borrower does hereby represent and warrant to the Administrative Agent, the Letter of Credit Issuer, the Collateral Agent, the Syndication Agent and the Lenders that as of the date hereofLenders, that: (a) each of the representations and warranties by the such Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the such Borrower; (c) the Credit Agreement and each other Loan Document to which it is a party constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto such Borrower in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting the enforcement of creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Lenders to enter into this Amendment, the Borrower represents and warrants to the Administrative Agent and the and the Lenders each Lender that as of the date hereof: (a) each of the representations and warranties by the Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct in all material respects on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has have been duly authorized by all requisite organizational action on the part of the Borrower; (c) the Credit Agreement Agreement, this Amendment and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents, both before and after giving effect to this Amendment.

Representations and Warranties; Etc. To induce the Agents, the Lenders and Issuing Lender to enter into this Amendment, the Borrower Company and each of the Loan Parties represents and warrants to the Administrative Agent and Agent, the Issuing Lender and the Lenders that as of the date hereofEffective Date: (a) each of the representations and warranties by the Borrower Loan Parties contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the such date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct in all material respects on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the BorrowerCompany and each other Loan Party; (c) the Credit Agreement as amended hereby and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Lenders to enter into this AmendmentLimited Waiver, the Borrower represents and warrants to the Administrative Agent and the and the Lenders that as of the date hereof, after giving effect to this Limited Waiver: (a) each of the representations and warranties by the Borrower contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct on and as of such earlier date; (b) the execution, delivery and performance of this Amendment Limited Waiver has been duly authorized by all requisite organizational action on the part of the Borrower; (c) the Credit Agreement and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Administrative Agent and the Lenders to enter into this Amendment, the Borrower Company and each of the Loan Parties represents and warrants to the Administrative Agent Agent, the Lenders and the and other Persons party to the Lenders Credit Agreement that as of the date hereofEffective Date: (a) each of the representations and warranties by the Borrower Loan Parties contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the date hereof Effective Date in all material respects as though made as of the date hereofEffective Date, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct in all material respects on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the BorrowerCompany and each other Loan Party; (c) the Credit Agreement as modified hereby and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.

Representations and Warranties; Etc. To induce the Lenders and L/C Issuer to enter into this Amendment, the Borrower and each of the Loan Parties represents and warrants to the Administrative Agent and Agent, the L/C Issuer and the Lenders that as of the date hereofEffective Date: (a) each of the representations and warranties by the Borrower Loan Parties contained in the Credit Agreement and in the other Loan Documents are true and correct on and as of the such date hereof in all material respects as though made as of the date hereof, except those that by their terms relate solely as to an earlier date, in which event they shall be true and correct in all material respects on and as of such earlier date; (b) the execution, delivery and performance of this Amendment has been duly authorized by all requisite organizational action on the part of the BorrowerBorrower and each other Loan Party; (c) the Credit Agreement and each other Loan Document constitute valid and legally binding agreements enforceable against each Loan Party that is a party thereto in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other similar laws relating to or affecting creditors’ rights generally and by general principles of equity, regardless of whether considered in a proceeding in equity or at law; and (d) no Default or Event of Default exists under the Credit Agreement or any of the other Loan Documents.