Common use of Underwriting Representations Clause in Contracts

Underwriting Representations. Except as set forth on Schedule 4.1.40 or as disclosed in writing to Administrative Agent prior to the Closing Date, Borrower hereby represents that it: (a) has no judgments or liens of any nature against it except for Permitted Encumbrances and tax liens not yet delinquent; (b) is not involved in any dispute with any taxing authorities (other than, for the avoidance of doubt, appeals of real property taxes in accordance with the terms of this Agreement); (c) is not, nor has it ever been, a party to any lawsuit, arbitration, summons, or legal proceeding that was still pending (other than those that are covered by insurance and which would not reasonably be expected to have an Individual Material Adverse Effect, an Aggregate Material Adverse Effect or, with respect to Guarantor, materially impair Guarantor’s ability to perform its obligations under the Guaranty) or that resulted in a final judgment against it or its assets or properties that had not been paid in full; and (d) each amendment and restatement of ▇▇▇▇▇▇▇▇’s organizational documents, if any, has been accomplished in accordance with, and was permitted by, the relevant provisions of said documents prior to such amendment or restatement from time to time.

Underwriting Representations. Except as set forth on Schedule 4.1.40 or as disclosed in writing to Administrative Agent Lender prior to the Closing Date, Borrower hereby represents that it: (a) has no judgments or liens of any nature against it except for Permitted Encumbrances and tax liens not yet delinquent; (b) is not involved in any dispute with any taxing authorities (other than, for the avoidance of doubt, appeals of real property taxes in accordance with the terms of this Agreement); (c) is not, nor has it ever been, a party to any lawsuit, arbitration, summons, or legal proceeding that was still pending (other than those that are covered by insurance and which would not reasonably be expected to have an Individual Material Adverse Effect, an Aggregate Material Adverse Effect or, with respect to Guarantor, materially impair Guarantor’s ability to perform its obligations under the Guaranty) or that resulted in a final judgment against it or its assets or properties that had not been paid in full; and (d) each amendment and restatement of ▇▇▇▇▇▇▇▇’s organizational documents, if any, has been accomplished in accordance with, and was permitted by, the relevant provisions of said documents prior to such amendment or restatement from time to time.

Underwriting Representations. Except as set forth on Schedule 4.1.40 or as disclosed in writing to Administrative Agent Lender prior to the Closing Date, Borrower hereby represents that it: (a) has no judgments or liens of any nature against it except for Permitted Encumbrances and tax liens not yet delinquent; (b) is not involved in any dispute with any taxing authorities (other than, for the avoidance of doubt, appeals of real property taxes in accordance with the terms of this Agreement); (c) is not, nor has it ever been, a party to any lawsuit, arbitration, summons, or legal proceeding that was still pending (other than those that are covered by insurance and which would not reasonably be expected to have an Individual Material Adverse Effect, an Aggregate Material Adverse Effect or, with respect to Guarantor, materially impair Guarantor’s ability to perform its obligations under the Guaranty) or that resulted in a final judgment against it or its assets or properties that had not been paid in full; and (d) each amendment and restatement of ▇▇▇▇▇▇▇▇Borrower’s organizational documents, if any, has been accomplished in accordance with, and was permitted by, the relevant provisions of said documents prior to such amendment or restatement from time to time.