Common use of Representations and Warranties of Obligors Clause in Contracts

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) It has the power and authority to enter into and to perform this Second Amendment, to execute and deliver all documents relating to this Second Amendment, and or incur the obligations provided for in this Second Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; (b) This Second Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) As of the Second Amendment Date, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) As of the Second Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) It has the power and authority to enter into and to perform this Second Fourth Amendment, to execute and deliver all documents relating to this Second Fourth Amendment, and or incur the obligations provided for in this Second Fourth Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; (b) This Second Fourth Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Fourth Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) As of the Second Fourth Amendment Date, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) As of the Second Fourth Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) i. It has the power and authority to enter into and to perform this Second Amendment, to execute and deliver all documents relating to this Second Amendment, and or incur the obligations provided for in this Second Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; (b) ii. This Second Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) iii. All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) iv. Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) v. As of the Second Amendment Datedate hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) vi. As of the Second Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) It has the power and authority to enter into and to perform this Second AmendmentFirst Waiver, to execute and deliver all documents relating to this Second AmendmentFirst Waiver, and or incur the obligations provided for in this Second AmendmentFirst Waiver, all of which have been duly authorized and approved in accordance with its corporate documents; (b) This Second AmendmentFirst Waiver, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Amendment First Waiver and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) As of the Second Amendment Datedate hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) As of the Second Amendment Datedate hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a1) It has the power and authority to enter into and to perform this Second AmendmentFirst Waiver, to execute and deliver all documents relating to this Second AmendmentFirst Waiver, and or incur the obligations provided for in this Second AmendmentFirst Waiver, all of which have been duly authorized and approved in accordance with its corporate documents; (b2) This Second AmendmentFirst Waiver, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c3) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d4) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Amendment First Waiver and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e5) As of the Second Amendment Datedate hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f6) As of the Second Amendment Datedate hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) i. It has the power and authority to enter into and to perform this Second AmendmentWaiver, to execute and deliver all documents relating to this Second AmendmentWaiver, and or incur the obligations provided for in this Second AmendmentWaiver, all of which have been duly authorized and approved in accordance with its corporate documents; (b) ii. This Second AmendmentWaiver, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) iii. All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) iv. Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second Amendment Waiver and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) v. As of the Second Amendment Datedate hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) vi. As of the Second Amendment Datedate hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) It has the power and authority to enter into and to perform this Second First Amendment, to execute and deliver all documents relating to this Second First Amendment, and or incur the obligations provided for in this Second First Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; (b) This Second First Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second First Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) As of the Second Amendment Datedate hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) As of the Second First Amendment Date, and after giving effect to the terms hereof, no Default Condition or Event of Default exists.

Representations and Warranties of Obligors. The Borrower and FSC, each severally, represents and warrants to the other Parties that: (a) It has the power and authority to enter into and to perform this Second First Amendment, to execute and deliver all documents relating to this Second First Amendment, and or incur the obligations provided for in this Second First Amendment, all of which have been duly authorized and approved in accordance with its corporate documents; (b) This Second First Amendment, together with all documents executed pursuant hereto, shall constitute when executed its valid and legally binding obligations in accordance with their respective terms; (c) All representations and warranties made by it in the Credit Agreement are true and correct as of the date hereof, with the same force and effect as if all representations and warranties were fully set forth herein; (d) Its Obligations under the Credit Documents remain valid and enforceable Obligations, and the execution and delivery of this Second First Amendment and the other documents executed in connection herewith shall not be construed as a novation of the Credit Agreement or any of the other Credit Documents; (e) As of the Second Amendment Datedate hereof, it has no offsets, defenses or counterclaims against the payment of any of the Obligations; and (f) As of the Second Amendment Datedate hereof, and after giving effect to the terms hereof, no Default Condition or Event of Default exists, except in relation to Borrower's continuing compliance with Sections 5.21 and 5.24 of the Credit Agreement as they relate to Borrower's Fiscal Quarter ending closest to December 31, 1998; which Default Conditions and Events of Default have not been waived by Lenders, and are not being waived hereby by Lenders, but shall continue, together with Lenders' full reservation after all rights and remedies deriving therefrom, notwithstanding this Amendment.