Checklist of Issues in Negotiating a Loan

5. Representations and Warranties of the Borrower

1. Due organization of the borrower
2. Duly qualified to do business
3. Authorization to do the loan
4. Enforceability of the loan agreement
5. Accuracy of the borrower’s financial statements
6. No litigation
7. Compliance with laws
8. Payment of all taxes and filing of all tax returns
9. No adverse change in the business
10. Valid corporate existence of the borrower
11. List of subsidiaries
12. Compliance with ERISA
13. Good and marketable title assets without liens and encumbrances other than those disclosed
14. Obtaining of all required consents
15. No violation environmental problems
16. Ownership of....