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This excerpt taken from the ISO 8-K filed Aug 18, 2008. Financing
Documents.”
ARTICLE
2
REPRESENTATIONS AND
WARRANTIES
Section
2.1 Representations, Warranties
and Agreements of the Company. The Company hereby makes the
following representations and warranties to the Lenders as of the date
hereof:
(a) Organization and
Qualification. The Company is a corporation, duly
incorporated, validly existing and in good standing under the laws of the State
of Delaware, with the requisite corporate power and authority to own and use its
properties and assets and to carry on its business as currently
conducted. The Company has no subsidiaries other than the
Guarantor. The Company is duly qualified to do business and is in
good standing as a foreign corporation in each jurisdiction in which the nature
of the business conducted or property owned by it makes such qualification
necessary, except where the failure to be so qualified or in good standing, as
the case may be, could not, individually or in the aggregate, (x) adversely
affect the legality, validity or enforceability of any of the Loan Documents in
any material respect, (y) have a material adverse effect on the results of
operations, assets, or financial condition of the Company or (z) adversely
impair in any material respect the Company’s ability to perform fully on a
timely basis its obligations under the Loan Documents (a “ |
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