False Representation or Warranties. Any representation or warranty made or deemed to be made by any Credit Party or any officer thereof in this Agreement, in any other Credit Document or in any certificate delivered in connection with this Agreement or any other Credit Document is incorrect, false or otherwise misleading in any material respect (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) at the time it was made or deemed made;

Representation and Warranties. The Company Parties each hereby represent and warrant to the Consenting Lenders that as of the Effective Date (as defined below) # there exists no Lender Termination Event or Company Termination Event under [Section 5(b) or 5(c)] of the Restructuring Support Agreement other than the Alleged RSA Breach and # neither the execution, delivery or performance by the Company of this Second Amendment, nor compliance by it with the terms and provisions hereof # will contravene in any material respect with any provision of any law, statute, rule or regulation or any order, writ, injunction or decree of any court of government authority or # will violate any provision of the certificate of articles of incorporation, certificate or formation, limited liability company agreement or by-laws (or equivalent constitutional, organizational and/or formation documents), as applicable, of any Company Party.

Representation and Warranties. To induce the Administrative Agent and the Lenders to enter into this Amendment, each Borrower hereby represents and warrants to the Administrative Agent and each Lender that:

False Representation or Warranties. Any representation or warranty made or deemed to be made by any Credit Party or any officer thereof in this Agreement, in any other Credit Document or in any certificate delivered in connection with this Agreement or any other Credit Document is incorrect, false or otherwise misleading in any material respect (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) at the time it was made or deemed made;

False Statements. Any warranty, representation or statement made or furnished to Lender by or on behalf of Borrower under any Loan Agreement to which it is a party is false or misleading in any material respect at the time made or furnished.

Representation and Warranties. To induce the Administrative Agent and the Lenders to enter into this Amendment, each Borrower hereby represents and warrants to the Administrative Agent and each Lender that:

Representation and Warranties. The representations and warranties of each Purchaser shall be true and correct as of the date when made and on the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which representations and warranties shall be true and correct as of such date), and such Purchaser shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by such Purchaser on or prior to the Closing Date.

False Claims Representation. You affirm that you have no information concerning any conduct involving RAIT, including those entities and individuals related to RAIT as defined in the Release above, that you have any reason to believe may be unlawful or that involves any false claims to the United States. You understand that nothing in this Agreement prevents you from cooperating with any government investigation. However, as set forth in the Release above, you agree that you cannot receive any monetary or personal gain from such participation.

Representation and Warranties. The representations and warranties of the Company shall be true and correct as of the date when made and as of the Closing Date as though made at that time (except for representations and warranties that speak as of a specific date, which representations and warranties shall be true and correct as of such date) and the Company shall have performed, satisfied and complied in all material respects with the covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company on or prior to the Closing Date. In connection with the issuance of the Preferred Stock on the Closing Date, such Purchaser shall have received a certificate, executed by the Chief Executive Officer of the Company after reasonable investigation, dated as of the Closing Date to the foregoing effect.

False Claims Representation. You affirm that you have no information concerning any conduct involving RAIT, including those entities and individuals related to RAIT as defined in the Release above, that you have any reason to believe may be unlawful or that involves any false claims to the United States. You understand that nothing in this Agreement prevents you from cooperating with any government investigation. However, as set forth in the Release above, you agree that you cannot receive any monetary or personal gain from such participation.