This excerpt taken from the PCCC 10-Q filed Nov 13, 2007.
REPRESENTATIONS AND WARRANTIES
The Borrower represents and warrants to the Lenders and Agent as follows:
(a) Representations in Agreement. Each of the representations and warranties made by the Borrower and each of its Subsidiaries to the Lender in the Credit Agreement and other Documents was true and correct in all material respects when made and is true and correct in all material respects on and as of the Amendment Date with the same full force and effect as if each of such representations and warranties had been made by the Borrower and each of its Subsidiaries on the Amendment Date and in this Amendment, except to the extent that such representations and warranties relate solely to a prior date.
(b) No Default of Events of Default. No Default or Event of Default exists on the Amendment Date.
(c) Binding Effect of Documents. This Amendment has been duly executed and delivered by the Borrower and is in full force and effect as of the date hereof, and the agreements and obligations of the Borrower contained herein constitute legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms.
This excerpt taken from the PCCC 8-K filed Jul 6, 2005.
V. REPRESENTATIONS AND WARRANTIES.
Borrower represents and warrants as follows:
5.1 Authority. Borrower and each Guarantor has full power, authority and legal right to enter into this Agreement and the Other Documents and to perform all its respective obligations hereunder and thereunder. This Agreement and the Other Documents constitute the legal, valid and binding obligation of Borrower and each of its Subsidiaries enforceable in accordance with their terms, except as such enforceability may be limited by any applicable bankruptcy, insolvency, moratorium or similar laws affecting creditors rights generally or general equitable principles. The execution, delivery and performance of this Agreement and of the Other Documents (a) are within Borrowers and each of its Subsidiaries corporate powers, have been duly authorized, are not in contravention of law or the terms of Borrowers and each of its Subsidiaries by-laws, certificate of incorporation or other similar documents relating to Borrowers and each of its Subsidiaries formation or to the conduct of Borrowers and each of its Subsidiaries business or of any material agreement or undertaking to which Borrower or any of its Subsidiaries is a party or by which Borrower or any of its Subsidiaries is bound, and (b) will not conflict with nor result in any breach in any of the provisions of or constitute a default under or result in the creation of any Lien except Permitted Encumbrances upon any asset of Borrower or any of its Subsidiaries under the provisions of any material agreement, charter document, instrument, by-law, or other instrument to which Borrower or any of its Subsidiaries is a party or by which it or its property may be bound.