Common use of Representations True; No Event of Default; Compliance Certificate Clause in Contracts

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, (ii) to the extent that such representations and warranties relate expressly to an earlier date and (iii) for Non-Material Breaches); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Drawdown Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Drawdown Date of such Loan. Each of the Banks shall have received a Compliance Certificate evidencing covenant compliance after giving effect to such requested Loan.

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower Borrower, the Guarantor and the Additional Guarantors contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance, extension or renewal of such Letter of Crediteach Revolving Credit Loan, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, (ii) and except to the extent that such representations and warranties relate expressly to an earlier date and (iii) for Non-Material Breachesdate); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Drawdown Date of such Loan; and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Loan Request or on the Drawdown Date of such any Revolving Credit Loan. Each of the Banks shall have received a Compliance Certificate evidencing covenant compliance after giving effect to such requested Loancertificate of the Borrower signed by an authorized officer of the Borrower as provided in ss.2.4(d)(iii).

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties made by or on behalf of the Borrower Borrower, BPI or any of their respective Subsidiaries contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such each Loan or the issuance, extension or renewal of such each Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents (including, without limitation, the fact that a Real Estate Asset may cease to be a Borrowing Base Property pursuant to the terms of this Agreement) and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, (ii) to the extent that such representations and warranties relate expressly to an earlier date and (iii) for Non-Material Breaches); to the extent otherwise represented by the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior respect to the Drawdown Date of such Loanrepresentation set forth in Section 7.10); and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Loan Request or on the Drawdown Date of such any Loan. Each of the Banks shall have received a Compliance Certificate evidencing covenant compliance after giving effect to such requested Loancertificate of the Borrower signed by an authorized officer of the Borrower as provided in Section 2.4(iv)(c).