Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 10 contracts
Samples: Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.), Credit Agreement (Novelis Inc.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory Receivable included in the calculation of the Borrowing Base Base, (to the best knowledge of the Parent Guarantor and the Borrower in the case of criteria that are subject to the Administrative Agent’s Permitted Discretion) satisfies all of the criteria stated herein to be an Eligible Account and an item of Eligible Inventory, respectivelyReceivable.
Appears in 6 contracts
Samples: Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (Colony Financial, Inc.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, to the knowledge of the Loan Parties, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be an Eligible Account and an item or, in the event knowledge is acquired by any Loan Party after the delivery of Eligible Inventorysuch Borrowing Base Certificate, respectivelywhich would cause such representation to be inaccurate, the Loan Parties have promptly delivered to the Administrative Agent a corrected Borrowing Base Certificate.
Appears in 4 contracts
Samples: Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.), Credit Agreement (Limbach Holdings, Inc.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 3 contracts
Samples: Credit Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Holdings, L.P.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which NewPageCo has hereafter been notified by Collateral Agent under Section 2.24) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (NewPage CORP), Revolving Credit and Guaranty Agreement (NewPage CORP)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which Borrowers have hereafter been notified by the Administrative Agent and the Collateral Agent under Section 2.19) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Lenox Group Inc), Revolving Credit Agreement (Department 56 Inc)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of hydrocarbon Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be an Eligible Account and an item of Eligible Hydrocarbon Inventory, respectively.
Appears in 2 contracts
Samples: Revolving Credit and Guaranty Agreement (Philadelphia Energy Solutions Inc.), Revolving Credit and Guaranty Agreement (Philadelphia Energy Solutions Inc.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be is an Eligible Account and an item of Eligible Inventory, respectivelyAccounts Receivable.
Appears in 2 contracts
Samples: Loan Agreement (Integramed America Inc), Loan Agreement (Integramed America Inc)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which a Responsible Officer of the Administrative Borrower has hereafter been notified by Collateral Agent in writing (including electronic form) under Section 2.19) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Massey Energy Co)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be is an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 1 contract
Samples: Credit Agreement (Vycom Corp.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account Credit Card Receivable, each Other Receivable and each item of Inventory included in the calculation of the Borrowing Base Formula Amount, other than de minimis inaccuracies, satisfies all of the criteria stated herein to be an Eligible Account Credit Card Receivable, Eligible Other Receivable and an item of Eligible Inventory or Eligible In-Transit Inventory, respectively.
Appears in 1 contract
Samples: Revolving Credit Agreement
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which Borrower has hereafter been notified by Administrative Agent under Section 2.24) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 1 contract
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all is an Eligible Account, as of the criteria stated herein to be an Eligible Account and an item date of Eligible Inventory, respectivelydetermination of the Borrowing Base reflected in such Borrowing Base Certificate.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Leucadia National Corp)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which a Responsible Officer of the Administrative Borrower has hereafter been notified by the Collateral Agent in writing (including electronic form) under Section 2.19) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 1 contract
Samples: Credit Agreement (Massey Energy Co)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which Borrower has hereafter been notified by Collateral Agent under Section 2.19) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 1 contract
Samples: Credit Agreement (Broder Bros Co)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory and Metals included in the calculation of the Borrowing Base satisfies all of the criteria stated herein to be an Eligible Account and Account, an item of Eligible InventoryInventory and an Eligible Metal, respectively.
Appears in 1 contract
Samples: Credit Agreement (AGY Holding Corp.)
Accuracy of Borrowing Base. At the time any Borrowing Base Certificate is delivered pursuant to this Agreement, each Account and each item of Inventory included in the calculation of the Borrowing Base satisfies all of the criteria stated herein (or of which Borrowers have hereafter been notified by the Administrative Agent and the Co-Collateral Agents pursuant to the terms hereof) to be an Eligible Account and an item of Eligible Inventory, respectively.
Appears in 1 contract
Accuracy of Borrowing Base. At the time any The information set forth in each Borrowing Base Certificate is delivered pursuant to this Agreement, each Account true and each item of Inventory included correct in the calculation all material respects as of the date such Borrowing Base satisfies all of Certificate is submitted to Agent. The Accounts that are identified as Eligible Accounts and the criteria stated herein to be an Eligible Account and an item of Inventory that is identified as Eligible Inventory, respectivelyin each Borrowing Base Certificate submitted to Agent, at the time of submission, comply in all material respects with the criteria set forth in the definitions thereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)