Common use of Representations and Warranties of Assignee Clause in Contracts

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (1) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; (3) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Closing Date (as defined in the applicable Assignment Effective Date Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of the Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.5, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants warrants, as of the Closing Date or as of the Assignment Effective Date Date, that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of of, or investing in in, commitments or loans such as the applicable Commitments or Loans, as the case may be, and is capable of evaluating the creditworthiness of Borrower; and (3iii) it will make shall make, or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of the Existing Credit Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may bebe and is capable of evaluating the creditworthiness of Company; and (3iii) it will shall make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Original Closing Date, the Restatement Date or as of the Assignment Effective Date Date, as applicable, that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (3iii) it will shall make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.06, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of the Existing Credit Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement or Term Loan Joinder Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof (or of the First Amendment and Incremental Agreement or of an Incremental Term Loan Agreement) or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Date (or, in the case of the First Amendment and Incremental Agreement, the First Amendment and Incremental Agreement Effective Date or, in the case of any other Incremental Term Loan Agreement, as of the Increased Amount Date) or as of the applicable Assignment Effective Date Date, as applicable, that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; , and (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal Federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.”.

Representations and Warranties of Assignee. Each LenderBank, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course Ordinary Course and without a view to distribution of such Revolving Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.7, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments Commitments, Synthetic LC Deposits, and Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments Commitments, Synthetic LC Deposits or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Commitments Commitments, Synthetic LC Deposits or Loans for its own account in the ordinary course and without a view to distribution of such Commitments Commitments, Synthetic LC Deposits or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments Commitments, Synthetic LC Deposits or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon obtaining or succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Date, the Restatement Date, the Second Amendment Date or as of the Assignment Effective Date Date, as applicable, that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (3iii) it will shall make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.06, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.5, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Amendment Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Fourth Amendment Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants warrants, as of the Closing Date or as of the Assignment Effective Date Date, that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of of, or investing in in, commitments or loans such as the applicable Commitments or Loans, as the case may be, and is capable of evaluating the cre- ditworthiness of Borrower; and (3iii) it will make shall make, or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4iv) it will such Lender does not provide own or control, or own or control any information obtained by it in its capacity as a Lender to Person owning or controlling, any trade debt or Indebtedness of Borrower other than the Sponsor Obligations or any Affiliate Capital Stock of the SponsorBorrower.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Loans, as the case may be; (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4iv) it will such Lender does not provide own or control, or own or control any information obtained by it in its capacity as a Lender to Person owning or controlling, any trade debt or Indebtedness of Bluestem or the Sponsor Company other than the Obligations or any Affiliate Capital Stock of Bluestem or the SponsorCompany.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Initial Credit Date or as of the Assignment Effective Date that (1) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; (3) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor Equity Holder or any Affiliate of the SponsorEquity Holder.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Original Closing Date, the First Amendment and Restatement Date and as of the Restatement Date or as of the Assignment Effective Date that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Third Amendment Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments Revolving Commit-ments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon ------------------------------------------ execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Term Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.68.6, the disposition of such Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Revolving Commitments and Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Revolving Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Second Amendment Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; (3iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4iv) in the case of an assignment of Canadian Obligations made pursuant to Section 10.6(c)(i) so long as no Default or Event of Default has occurred and is continuing it will not provide any information obtained by it in its capacity as is a Lender to the Sponsor or any Affiliate of the SponsorCanadian Lender.

Representations and Warranties of Assignee. Each assignee of a Lender, upon execution executing and delivery hereof or upon succeeding to delivering an interest in the Commitments and Loans, as the case may beAssignment Agreement, represents and warrants to the Lenders and the Credit Parties as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience is, or meets the criteria for being, a “qualified purchaser” (within the meaning of the Investment Company Act of 1940 and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loansrules and regulations thereunder), as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Loan Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Loan Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal applicable securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Loan Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Revolving Commitments and Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Commitments and Loans, as the case may be, represents and warrants as of the Closing Effective Date or as of the Assignment Effective Date that (1) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; (3) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.6, the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Revolving Commitments or Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.610.6, the disposition of FIRST LIEN CREDIT AGREEMENT EXECUTION 101 such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Fourth Amendment Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments Revolving Commit ments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof of this Agreement or upon succeeding to executing and delivering an interest in the Commitments and LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Fourth Amendment Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (1i) it is an Eligible Assignee (or, if not an Eligible Assignee, the assignment to it is permitted under this Section 11.6); (2ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments Revolving Commit-ments or Revolving Loans, as the case may be; and (3iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 11.69.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control); and (4) it will not provide any information obtained by it in its capacity as a Lender to the Sponsor or any Affiliate of the Sponsor.