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These excerpts taken from the GMCR 10-K filed Dec 11, 2008. REPRESENTATIONS AND WARRANTIES The Borrower hereby represents and warrants to the Agent and the Lenders as follows: (a) Representations in Loan Documents. Each of the representations and warranties made by the Loan Parties to you in any of the Loan Documents, as amended by this Amendment No. 1, was true and correct when made and is true and correct on and as of the Modification Date (except to the extent that such representations and warranties relate expressly to an earlier date) with the same full force and effect as if each of such representations and warranties had been made by the Loan Parties on the date hereof and in this Amendment No. 1. (b) Defaults. No Default or Event of Default exists on the date hereof, both before and after giving effect hereto. (c) Binding Effect of Documents. This Amendment No. 1 has been duly executed and delivered to you by the Borrower and is in full force and effect as of the effective date hereof, and the agreements and obligations of the Borrower contained herein and therein constitute the legal, valid and binding obligations of the Borrower, enforceable against it in accordance with their respective terms.
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REPRESENTATIONS AND WARRANTIES STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">The Borrower hereby represents and warrants to the Agent and the Lenders as follows: STYLE="margin-top:6px;margin-bottom:0px; text-indent:4%">(a) Representations in Loan Documents. Each of the representations and warranties made by the Loan Parties to you in any of the Loan Documents, asamended by this Amendment No. 1, was true and correct when made and is true and correct on and as of the Modification Date (except to the extent that such representations and warranties relate expressly to an earlier date) with the same full force and effect as if each of such representations and warranties had been made by the Loan Parties on the date hereof and in this Amendment No. 1. FACE="Times New Roman" SIZE="2">(b) Defaults. No Default or Event of Default exists on the date hereof, both before and after giving effect hereto. FACE="Times New Roman" SIZE="2">(c) Binding Effect of Documents. This Amendment No. 1 has been duly executed and delivered to you by the Borrower and is in full force and effect as of the effective date hereof, and the agreements and 3 | EXCERPTS ON THIS PAGE:
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