REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, the Borrower represents and warrants that, as of the date hereof and after giving effect to this Waiver: (a) the representations and warranties contained in Article V the Credit Agreement and the other Loan Documents (i) that contain a materiality qualification are true and correct in all respects on and as of the date hereof as if made on and as of such date, and (ii) that do not contain a materiality qualification are true and correct in all material respects on and as of the date hereof as if made on and as of such date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all respects or in all material respects, as applicable, as of such earlier date, and except that the representations and warranties contained in subsections (a) and (b) of Section 5.05 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to subsections (a) and (b), respectively, of Section 6.01 of the Credit Agreement; and (b) no event has occurred and is continuing which constitutes a Default or an Event of Default.
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Sources: Waiver to Credit Agreement (Powersecure International, Inc.), Waiver to Credit Agreement (Powersecure International, Inc.)
REPRESENTATIONS AND WARRANTIES TRUE; NO EVENT OF DEFAULT. By its execution and delivery hereof, the Borrower represents and warrants that, as of the date hereof hereof, and both before and immediately after giving effect to this Waiver:
Third Amendment: (a) the representations and warranties contained in Article V the Credit Agreement and the other Loan Documents (i) that contain a are subject to materiality qualification or Material Adverse Effect qualifications are true and correct in all respects on and as of the date hereof as if made on and as of such date, and (ii) the representations and warranties contained in the Credit Agreement and the other Loan Documents that do are not contain a subject to materiality qualification or Material Adverse Effect qualifications are true and correct in all material respects on and as of the date hereof as if made on and as of such date, except in each case to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all respects or in all material respects, as applicable, as of such earlier date, and except that the representations and warranties contained in subsections (aSections 5.05(a) and (bc) of Section 5.05 of the Credit Agreement shall be deemed to refer to the most recent financial statements furnished pursuant to subsections (aSections 6.01(a) and (b), respectively, of Section 6.01 of the Credit Agreement; and
(b) no event has occurred and is continuing which constitutes a Default or an Event of Default.; (c)
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