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This excerpt taken from the XIDE 10-Q filed Feb 14, 2005. II. Miscellaneous Provisions.
1. In order to induce the Lenders to enter into this Second Amendment, each of the Borrowers hereby represents and warrants that (i) no Default or Event of Default exists as of each of the Second Amendment Initial Effective Date and the Second Amendment Subsequent Effective Date (as defined below), in each case after giving effect thereto and (ii) all of the representations and warranties contained in the Credit Agreement or the other Credit Documents are true and correct in all material respects as of each of the Second Amendment Initial Effective Date and the Second Amendment Subsequent Effective Date, in each case after giving effect thereto, with the same effect as though such representations and warranties had been made on and as of each of the Second Amendment Initial Effective Date and the Second Amendment Subsequent Effective Date (it being understood that any representation or warranty made as of a specific date shall be true and correct in all material respects as of such specific date).
2. This Second Amendment is limited as specified and shall not constitute a modification, acceptance or waiver of any other provision of the Credit Agreement or any other Credit Document.
3. This Second Amendment may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which counterparts when executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. A complete set of counterparts shall be lodged with the U.S. Borrower and the Administrative Agent.
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