REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER Sample Clauses

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce Silicon to enter into this Agreement and to make Loans, Borrower represents and warrants to Silicon as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce Coast to enter into this Agreement and to make Loans, Borrower represents and warrants to Coast as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce GBC to enter into this Agreement and to make Loans, Borrower represents and warrants to GBC as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower represents, and warrants to the Agent and the Banks as follows:

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower ‎represents, warrants and covenants to and agrees with the Purchaser, as of the date of this ‎Agreement and as of the Closing Date, that: ‎ (a) It is duly organized and validly existing under the laws of the jurisdiction of the ‎Province of Ontario, with power and authority to own its properties and to conduct its ‎business as such properties shall be currently owned and such business is presently conducted, and has all ‎requisite power and authority to execute, deliver and perform this Agreement and to ‎consummate the transactions herein contemplated.‎ (b) The execution, delivery and performance of this Agreement, and the consummation of ‎the transactions contemplated herein, have been duly authorized by the Borrower, and this ‎Agreement constitutes its legal, valid and binding obligation enforceable against it in ‎accordance with its terms, except as enforceability may be limited by bankruptcy, insolvency, ‎reorganization or other similar laws affecting creditors’ rights generally or by general equity ‎principles.‎ (c) The execution, delivery and performance of this Agreement and the consummation of ‎the transactions hereby (i) do not conflict with the provisions of its governing instruments, (ii) ‎will not violate any provisions of applicable law or regulation or any applicable order of any ‎court or regulatory body, in each case, as any such provision or order applies to the Borrower ‎and (iii) will not result in the breach of, or constitute a default, or require any consent, under ‎any agreement, instrument or document to which it is a party or by which it or any of its ‎property may be bound or affected.‎ (d) No actions, suits, proceedings or governmental investigations at law or in equity are ‎pending or active (or, to its knowledge, threatened in writing) against the Borrower before any ‎governmental authority or any arbitrator (A) asserting the invalidity of this Agreement, (B) ‎seeking to prevent the consummation of any of the transactions contemplated by this ‎Agreement, or (c) seeking any determination or ruling that would reasonably be expected to ‎have a material and adverse effect on the performance by the Borrower of its obligations ‎under, or the validity or enforceability of, this Agreement, the Amended and Restated Note or any of the Security Documents.‎ (e) The Borrower has obtained all consents and authorizations (including all required ‎consents and authorizations of any governmental authority) that are necessary to be ob...

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce Greyrock to enter into this Agreement and to make Loans, Borrower represents and warrants to Greyrock as follows, and Borrower covenants that the following representations will continue to be true, and that Borrower will at all times comply with all of the following covenants:

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. In order to induce ORIX to enter into this Agreement and to make the Loan, Borrower represents and warrants to ORIX as follows, and Borrower covenants that the following representations will continue to be true, except to the extent that they are made as of a specific prior date, and that Borrower will at all times comply with all of the following covenants:

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The Borrower hereby represents and warrants to, and covenants and agrees with, the Lenders that: A. The execution and delivery of this Amendment have been duly authorized by all requisite company action on the part of the Borrower. B. The representations and warranties of each of the Loan Parties contained in the Credit Agreement and the other Loan Documents are true and correct in all material respects on and as of the date of this Amendment as though made at and as of such date. Since the Closing Date, no event or circumstance has occurred or existed which could reasonably be expected to have a Material Adverse Effect. As of the date hereof and after giving effect to this Amendment, no Default has occurred and is continuing. C. No Loan Party is required to obtain any consent, approval or authorization from, or to file any declaration or statement with, any governmental instrumentality or other agency or any other person or entity in connection with or as a condition to the execution, delivery or performance of this Amendment. D. This Amendment constitutes the legal, valid and binding obligation of each Loan Party signatory hereto, enforceable against it in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the rights and remedies of creditors generally or the application of principles of equity, whether in any action at law or proceeding in equity, and subject to the availability of the remedy of specific performance or of any other equitable remedy or relief to enforce any right thereunder. E. The Borrower will satisfy all of the conditions set forth in SECTION IV.

REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE BORROWER. The representations and warranties of the Borrower set forth in the Bond Purchase Agreement, dated June , 2019 (the "Bond Purchase Agreement"), relating to the Bonds are true and correct and are hereby incorporated by reference herein, as though fully set forth herein. In addition, the Borrower, by its execution hereof, represents and warrants to, and covenants and agrees with, the Remarketing Agent as follows: (a) It has the authority to take all actions required or permitted to be taken by it under, and to perform and observe the covenants and agreements on its part contained in, this Agreement, the Indenture, the Loan Agreement, the Reimbursement Agreement and any other instrument or agreement relating thereto (collectively, the "Closing Documents"). (b) It has, on or before the date hereof, duly taken all action necessary to be taken by it prior to such date for: (i) the execution, delivery and performance of the Closing Documents that have been executed in connection with the transactions contemplated hereby and by the Offering Documents; and (ii) the carrying out, giving effect to, consummation and performance of the transactions and obligations contemplated hereby and by the Offering Documents; provided that no representation is made with respect to compliance with the securities or Blue Sky laws of the various states of the United States. (c) The Closing Documents that have been executed in connection with the consummation of the transactions contemplated hereby and by the Offering Documents have been duly executed and delivered by it and constitute its legal, valid and binding obligations, enforceable against it in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws, or equitable principles relating to or limiting creditors’ rights generally. (d) The execution and delivery of the Closing Documents that have been executed in connection with the consummation of the transactions contemplated hereby and by the Offering Documents, compliance with the terms, conditions or provisions thereof, and consummation of the transactions herein and therein contemplated do not and will not violate any law, regulation, order, writ, injunction or decree of any court or governmental body or result in a breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any mortgage, lien, charge or encumbrance o...