Representations Concerning the Collateral. Borrower represents and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Advance and made as of the time of each and every Revolving Advance hereunder): (a) all the Collateral (i) is owned by Borrower free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest; (b) all Receivables (i) represent complete bona fide transactions which require no further act under any circumstances o Borrower's part to make such Receivables payable by the Customers, (ii) to the best of Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent ▇▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of Borrower.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (World Wrestling Federation Entertainment Inc)
Representations Concerning the Collateral. Borrower represents and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder):
(a) all the Collateral (i) is owned by Borrower free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest;
(b) all Receivables (i) represent complete bona fide transactions which require no further act under any circumstances o on Borrower's part to make such Receivables payable by the Customers, (ii) to the best of Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, Disputes and (iii) do not represent ▇▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of Borrower.
Appears in 1 contract
Sources: Credit and Security Agreement (Aviation Distributors Inc)
Representations Concerning the Collateral. Borrower represents ----------------------------------------- and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder):
(a) all the Collateral (i) is owned by Borrower free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest;; and
(b) all Receivables (i) represent complete bona fide transactions which require no further act under any circumstances o on Borrower's part to make such Receivables payable by the Customers, (ii) to the best of Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent ▇▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of Borrower.
Appears in 1 contract
Representations Concerning the Collateral. Borrower represents and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder):
(a) all the Collateral (i) is owned by Borrower free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest;; and
(b) all Receivables (i) represent complete bona fide transactions which require no further act under any circumstances o on Borrower's part to make such Receivables payable by the Customers, (ii) to the best of Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent ▇▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Creative Technologies Corp)
Representations Concerning the Collateral. Each Borrower represents and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder):
(a) all the Collateral (i) is owned by Borrower Borrowers free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest;
(b) all Receivables (i) represent complete bona fide transactions which require no further act under any circumstances o Borrower's on Borrowers' part to make such Receivables payable by the Customersaccount debtors, (ii) to the best of each Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent ▇▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of BorrowerBorrowers.
Appears in 1 contract
Representations Concerning the Collateral. Borrower represents and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Advance Loan and made as of the time of each and every Revolving Advance Loan hereunder):
(a) all the Collateral (i) is owned by Borrower free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) is not subject to any agreement prohibiting the granting of a security interest or requiring notice of or consent to the granting of a security interest;; and
(b) all Receivables (i) represent complete bona fide transactions which require no further act under any circumstances o on Borrower's part to make such Receivables payable by the Customers, (ii) to the best of Borrower's knowledge, are not subject to any present, future or contingent offsets or counterclaims, and (iii) do not represent ▇▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of Borrower.
Appears in 1 contract
Representations Concerning the Collateral. Borrower represents and ----------------------------------------- warrants (each of which such representations and warranties shall be deemed repeated upon the making of each request for a Revolving Credit Advance and made as of the time of each and every Revolving Credit Advance hereunder):
(ai) all the Collateral (i) is owned by Borrower free and clear of all claims, liens, security interests and encumbrances (including without limitation any claims of infringement) Liens except (A) those in Agent's and any Lender's favor and (B) Permitted Liens and (ii) none of the Collateral is not subject to any enforceable agreement prohibiting or restricting the granting of a security interest to the Lender or requiring notice of or consent to the granting of a security interest;
(b) all Receivables for Hydrocarbon sales (i) represent complete bona fide transactions which which, with the exception of delivery of invoices, require no further act under any circumstances o on Borrower's part to make such Receivables payable by the Customers, (ii) to the best of Borrower's knowledge, except as disclosed to Lender, are not subject to any present, future present or contingent offsets or counterclaims, Disputes and (iii) do not represent ▇bill ▇▇▇ and hold sales, consignment sales, guaranteed sales, sale or return or other similar understandings or obligations of any Affiliate or Subsidiary of BorrowerGuarantor.
Appears in 1 contract
Sources: Accounts Receivable Management and Security Agreement (Transtexas Gas Corp)