Common use of Representations of Borrowers Clause in Contracts

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks thatthat as of the date hereof: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Amendment Effective Date date hereof in all material respects as though such representations and warranties had been made on and as of the Fourth Amendment Effective Datedate hereof, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Second Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Second Amendment constitutes a valid, binding and enforceable obligation of Borrowers and GuarantorBorrowers.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Third Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Third Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Third Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Third Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks Lender that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Amendment Effective Date date hereof in all material respects as though such representations and warranties had been made on and as of the Fourth Amendment Effective Datedate hereof, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Existing Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent BankLender; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Existing Credit Agreement; and d. The execution, delivery and performance of this Fourth Amendment Extension Agreement has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Amendment Extension Agreement constitutes a valid, binding and enforceable obligation of Borrowers and GuarantorBorrowers.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Second Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Second Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and; d. The execution, delivery and performance of this Fourth Second Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Second Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor; and e. The proceeds of the Commitment Increase shall be used only for the purposes set forth in Section 2.02(b) above.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Sixth Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Sixth Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Sixth Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Sixth Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Eighth Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Eighth Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Eighth Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Eighth Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks Lender that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth First Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth First Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent BankLender; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth First Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth First Amendment constitutes a valid, binding and enforceable obligation of Borrowers and GuarantorBorrowers.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Ninth Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Ninth Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Ninth Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Ninth Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth First Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth First Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. After giving effect to the First Amendment, no event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth First Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth First Amendment constitutes a valid, binding and enforceable obligation of Borrowers and GuarantorBorrowers.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Fifth Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Fifth Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Fifth Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Fifth Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth First Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth First Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; andand 4 d. The execution, delivery and performance of this Fourth First Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth First Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Second Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Second Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Second Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Second Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Second Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Second Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. After giving effect to the Second Amendment, no event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Second Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Second Amendment constitutes a valid, binding and enforceable obligation of Borrowers and GuarantorBorrowers.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks thatthat as of the date hereof: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Amendment Effective Date date hereof in all material respects as though such representations and warranties had been made on and as of the Fourth Amendment Effective Datedate hereof, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth First Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth First Amendment constitutes a valid, binding and enforceable obligation of Borrowers and GuarantorBorrowers.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Third Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Third Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Third Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Third Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.

Representations of Borrowers. Borrowers ------------------------------ hereby represent to the Banks that: a. the The representations and warranties contained in Article IV of the Existing Credit Agreement and contained in each of the other Loan Documents (other than representations and warranties which expressly speak only as of a different date, which shall be true and correct in all material respects as of such date) are true and correct on and as of the Fourth Seventh Amendment Effective Date in all material respects as though such representations and warranties had been made on and as of the Fourth Seventh Amendment Effective Date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by the Credit Agreement or by any other Loan Document or which has been otherwise consented to by Agent Bank; b. Since the date of the most recent financial statements referred to in Section 5.08 of the Existing Credit Agreement, no Material Adverse Change has occurred and no event or circumstance which could reasonably be expected to result in a Material Adverse Change or Material Adverse Effect has occurred; c. no No event has occurred and is continuing which constitutes a Default or Event of Default under the terms of the Credit Agreement; and d. The execution, delivery and performance of this Fourth Seventh Amendment has been duly authorized by all necessary action of Borrowers and Guarantor and this Fourth Seventh Amendment constitutes a valid, binding and enforceable obligation of Borrowers and Guarantor.