REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Borrower represents and warrants that, as of the date hereof and after giving effect to the 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 Borrower has full power and authority to execute and deliver this First Amendment, and this First Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such Borrower, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable debtor relief laws 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, is required for the execution, delivery or performance by Borrowers of this First Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Borrower Company represents and warrants that, as of the date hereof and after giving effect to the amendments 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 Borrower each Company has full power and authority to execute and deliver this First Sixth Amendment, and this First Sixth Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such BorrowerCompany, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable debtor relief 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 approval, consent, or other action by, notice to, or filing with, any governmental authority or other PersonPerson (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 Borrowers each Company of this First Sixth Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each Borrower Company represents and warrants that, as of the date hereof and after giving effect to the 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 Borrower each Company has full power and authority to execute and deliver this First Fifth Amendment, and this First Fifth Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such BorrowerCompany, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable debtor relief 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 approval, consent, or other action by, notice to, or filing with, any governmental authority or other PersonPerson (including, but not limited to, with respect to the Prudential Debt), other than the Board of Directors of the Companies is required for the execution, delivery or performance by Borrowers each Company of this First Fifth Amendment.
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REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, each the Borrower represents and warrants that, as of the date hereof and after giving effect to the 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 the Borrower has full power and authority to execute and deliver this First Amendment, and this First Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such the Borrower, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable debtor relief laws 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, Person (including the Board of Directors of the Borrower or any partner of the Guarantor) is required for the execution, delivery or performance by Borrowers the Borrower of this 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 Borrower Company represents and warrants that, as of the date hereof and after giving effect to the 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 Borrower each Company has full power and authority to execute and deliver this First Fourth Amendment, and this First Fourth Amendment and the Credit Agreement, as amended hereby, constitute the legal, valid and binding obligations of such BorrowerCompany, enforceable in accordance with their respective terms, except as enforceability may be limited by applicable debtor relief 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 approval, consent, or other action by, notice to, or filing with, any governmental authority or other PersonPerson (including, but not limited to, with respect to the Prudential Debt), other than the Board of Directors of the Companies is required for the execution, delivery or performance by Borrowers each Company of this First Fourth Amendment.
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