REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Company represents and warrants that, as of the date hereof and after giving effect to the amendment contemplated by the foregoing Section 1: (a) the representations and warranties contained in the Credit Agreement are true and correct on and as of the date hereof as made on and as of such date; (b) no event has occurred and is continuing which constitutes a Default or an Event of Default; (c) each Company has full power and authority to execute and deliver this Sixth Amendment, and this Sixth Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such Company, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and except as rights to indemnity may be limited by federal or state securities laws; and (d) no authorization, approval, consent, or other action by, notice to, or filing with, any governmental authority or other Person (including, but not limited to, with respect to the Prudential Debt and the respective Boards of Directors of the Companies) is required for the execution, delivery or performance by each Company of this Sixth Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Company Borrower represents and warrants that, as of the date hereof and after giving effect to the amendment amendments contemplated by the foregoing Section 1:
(a) the representations and warranties contained in the Credit Agreement are true and correct on and as of the date hereof as made on and as of such date;
(b) no event has occurred and is continuing which constitutes a Default or an Event of Default;
(c) each Company Each Borrower has full power and authority to execute and deliver this Sixth First Amendment, and this Sixth First Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such CompanyBorrower, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar debtor relief laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and except as rights to indemnity may be limited by federal or state securities laws; and
(d) no authorization, approval, approval consent, or other action by, notice to, or filing with, any governmental authority or other Person (includingPerson, but not limited to, with respect to the Prudential Debt and the respective Boards of Directors of the Companies) is required for the execution, delivery or performance by each Company Borrowers of this Sixth First Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Company the Borrower represents and warrants that, as of the date hereof and after giving effect to the amendment amendments contemplated by the foregoing Section 1:
(a) the representations and warranties contained in the Credit Agreement are true and correct on and as of the date hereof as made on and as of such date;
(b) no event has occurred and is continuing which constitutes a Default or an Event of Default;
(c) each Company the Borrower has full power and authority to execute and deliver this Sixth First Amendment, and this Sixth First Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such Companythe Borrower, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar debtor relief laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and except as rights to indemnity may be limited by federal or state securities laws; and
(d) no authorization, approval, consent, or other action by, notice to, or filing with, any governmental authority or other Person (including, but not limited to, with respect to including the Prudential Debt and the respective Boards Board of Directors of the CompaniesBorrower or any partner of the Guarantor) is required for the execution, delivery or performance by each Company the Borrower of this Sixth First Amendment or the acknowledgement by the Guarantor of this First Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Company represents and warrants that, as of the date hereof and after giving effect to the amendment amendments contemplated by the foregoing Section 1:
(a) the representations and warranties contained in the Credit Agreement are true and correct on and as of the date hereof as made on and as of such date;
(b) no event has occurred and is continuing which constitutes a Default or an Event of Default;
(c) each Company has full power and authority to execute and deliver this Sixth Fifth Amendment, and this Sixth Fifth Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such Company, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and except as rights to indemnity may be limited by federal or state securities laws; and
(d) no authorization, approval, consent, or other action by, notice to, or filing with, any governmental authority or other Person (including, but not limited to, with respect to the Prudential Debt and Debt), other than the respective Boards Board of Directors of the Companies) Companies is required for the execution, delivery or performance by each Company of this Sixth Fifth Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Company represents and warrants that, as of the date hereof and after giving effect to the amendment amendments contemplated by the foregoing Section 1:
(a) the representations and warranties contained in the Credit Agreement are true and correct on and as of the date hereof as made on and as of such date;
(b) no event has occurred and is continuing which constitutes a Default or an Event of Default;
(c) each Company has full power and authority to execute and deliver this Sixth Fourth Amendment, and this Sixth Fourth Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such Company, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and except as rights to indemnity may be limited by federal or state securities laws; and
(d) no authorization, approval, consent, or other action by, notice to, or filing with, any governmental authority or other Person (including, but not limited to, with respect to the Prudential Debt and Debt), other than the respective Boards Board of Directors of the Companies) Companies is required for the execution, delivery or performance by each Company of this Sixth Fourth Amendment.
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