Common use of Accuracy of Financial Statements Clause in Contracts

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 2022, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.)

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Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower its Subsidiaries has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which its Subsidiaries that would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222018, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Midstream Partners LP), Credit Agreement (CNX Resources Corp)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the Borrower has Borrowers had any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are were not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are were no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would could reasonably be expected likely to cause a Material Adverse Change. Since December 31, 20222009, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Security Agreement (Armstrong Energy, Inc.), Security Agreement (Armstrong Resource Partners, L.P.), Credit Agreement (Armstrong Energy, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower its Subsidiaries has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which its Subsidiaries that would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222013, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc), Credit Agreement (CONSOL Energy Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had, as of the date of the Historical Statements, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222007, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Inc), Credit Agreement (Koppers Holdings Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would that could reasonably be expected to cause a Material Adverse Change. Since December 31September 30, 20222002, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower its Subsidiaries has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which its Subsidiaries that would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222017, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Midstream Partners LP)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would that could reasonably be expected to cause a Material Adverse Change. Since December 31September 30, 20222004, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are were not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are were no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected likely to cause a Material Adverse Change. Since December 31, 20222011, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Intercreditor Agreement (Armstrong Coal Company, Inc.), Credit Agreement (Armstrong Energy, Inc.)

Accuracy of Financial Statements. Neither As of the Closing Date, no Borrower nor any Subsidiary of the Borrower them has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Annual Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the any Borrower or any Subsidiary of the Borrower them which would may reasonably be expected to cause a Material Adverse Change. Since December 31, 20222011, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222010, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Joinder and Assumption Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222013, and with respect to future advances, since the date of the most recently delivered audited financial statements delivered pursuant to this Agreement, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (EPAM Systems, Inc.), Credit Agreement (EPAM Systems, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December March 31, 20222006, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Rhino Resource Partners LP), Credit Agreement (Rhino Resource Partners, L.P.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that would be required to be disclosed in accordance with GAAP and are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and thereto (except as disclosed therein there are no unrealized or anticipated losses from any commitments liabilities incurred in the ordinary course of business since the date of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse ChangeHistorical Statements). Since December 31, 20221999, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Freemarkets Inc), Credit Agreement (Freemarkets Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222018, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement and Security Agreement (Paylocity Holding Corp), Credit Agreement (Paylocity Holding Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222017, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Gentex Corp), Credit Agreement (Shotspotter, Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had, as of the date of the Historical Statements, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222004, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (KI Holdings Inc.), Credit Agreement (Koppers Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower its Subsidiaries has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which its Subsidiaries that would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222023, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222012, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Continuing Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither None of the Borrower Borrowers nor any Subsidiary of the Borrower any Borrowers has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses since August 31, 2005 from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would reasonably be expected to may cause a Material Adverse Change. Since December August 31, 20222005, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Kwik Fil Inc), Credit Agreement (Super Test Petroleum Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material (either individually or in the aggregate) liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would that could reasonably be expected to cause a Material Adverse Change. Since December 31September 30, 20222009, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the The Borrower has any indebtedness, no ---------------------------------- liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31September 30, 20221996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Cable Tv Fund 14-a LTD)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222010, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Rhino Resource Partners LP)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had, as of the date of the Historical Statements, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Security Agreement (Koppers Holdings Inc.)

Accuracy of Financial Statements. Neither None of the Borrower Borrowers nor any Subsidiary of the Borrower any Borrowers has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses since August 31, 2007 from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would reasonably be expected to may cause a Material Adverse Change. Since December August 31, 20222007, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Independent Gasoline & Oil Co of Rochester)

Accuracy of Financial Statements. Neither the The Borrower nor does not have any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221997, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the any Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the any Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31September 30, 20222000, no Material Adverse Change has occurred.]

Appears in 1 contract

Samples: Credit Agreement (Primesource Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20222012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31February 1, 20222003, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222001, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

Accuracy of Financial Statements. Neither the Borrower nor does not have any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20221998, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Superconductor Technologies Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had, as of the date of the Historical Statements, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222002, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Koppers Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its consolidated Subsidiaries has, as of the Borrower has respective dates thereof, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any such Subsidiary of the Borrower which would reasonably be expected likely to cause result in a Material Adverse Change. Since December March 31, 20222012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Advanced Drainage Systems, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would that could reasonably be expected to cause a Material Adverse Change. Since December 31September 30, 20222003, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Facility Agreement (New Jersey Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222017, no Material Adverse Change has occurred.. 6.1.8

Appears in 1 contract

Samples: Credit Agreement (Gentex Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222006, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Power & Light Co)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31January 29, 20222005, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Too, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by referencethereto to the extent required to be disclosed in accordance with GAAP, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222023, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Vertex, Inc.)

Accuracy of Financial Statements. Neither the The Borrower nor does not have any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31January 3, 20221998, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments which may cause a Material Adverse Change that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 202231 2007, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (O'Gara Group, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222004, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower Borrower, has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20223 1,1999, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Whiteford Partners L P)

Accuracy of Financial Statements. Neither As of the Closing Date, neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31February 3, 20222007, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Tween Brands, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31September 30, 20222020, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Meridian Bioscience Inc)

Accuracy of Financial Statements. Neither As of the Closing Date, neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Audited Financial Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222011, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Rti International Metals Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31January 2, 20222016, no Material Adverse Change has occurred.. 6.1.7

Appears in 1 contract

Samples: Credit Agreement (Sun Hydraulics Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-long- term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222016, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31September 30, 20222018, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Meridian Bioscience Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31January 1, 20222000, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has on the Closing Date any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause result in a Material Adverse Change. Since December 31, 20222010, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had, as of the date of the Historical Statements, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222013, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Koppers Holdings Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222018, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Pegasystems Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222011, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Hallador Energy Co)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments or Off-Balance Sheet Transactions that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222001, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222003, no Material Adverse Change has occurred.. Use of Proceeds; Margin Stock; Section 20

Appears in 1 contract

Samples: Credit Agreement (Compudyne Corp)

Accuracy of Financial Statements. Neither the No Borrower -------------------------------- nor any Subsidiary of the any Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the any Borrower or any Subsidiary of the any Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20221997, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Pledge Agreement (Internet Capital Group Inc)

Accuracy of Financial Statements. Neither the The Borrower nor does not have any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221998, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Accuracy of Financial Statements. Neither the No Borrower nor any Subsidiary of the -------------------------------- any Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the any Borrower or any Subsidiary of the any Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20221999, no Material Adverse Change has occurred.. CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Internet Capital Group Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Gentex Corp)

Accuracy of Financial Statements. Neither the The Borrower nor does not have any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222000, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

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Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the Borrower Borrowers has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are required to be disclosed or in the notes thereto and are not so disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221997, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Churchill Downs Inc)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the Borrower Borrowers has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would be reasonably be expected to cause a Material Adverse Change. Since December 31June 30, 20222020, no Material Adverse Change has occurred. 6.1.7.

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its consolidated Subsidiaries has, as of the Borrower has respective dates thereof, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any such Subsidiary of the Borrower which would reasonably be expected likely to cause result in a Material Adverse Change. Since December March 31, 20222016, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Advanced Drainage Systems, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are required to be disclosed in accordance with GAAP which are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 2022, 2013 no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ipalco Enterprises, Inc.)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the any Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20222018, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower Borrower, in each case which would reasonably be expected to cause a Material Adverse Change. Since December 3126, 20222004, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Accuracy of Financial Statements. Neither the -------------------------------- Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Audio Communications Network Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222006, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222004, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Blair Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause constitutes a Material Adverse Change. Since December March 31, 20222015, no Material Adverse Change has occurred.. 5.1.7

Appears in 1 contract

Samples: Credit Agreement (Black Box Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Consolidated Subsidiary of the Borrower has any material indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Consolidated Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 202220202023, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222013, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Hallador Energy Co)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20222008, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has on the Closing Date any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause result in a Material Adverse Change. Since December 31, 20222003, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221999, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Elgin National Industries Inc)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the any Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the any Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221995, no Material Adverse Change has occurred.. 6.1.10

Appears in 1 contract

Samples: Credit Agreement (Primesource Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222007, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Superior Well Services, INC)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221997, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Party City Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Annual Statements or in the notes thereto, attached hereto thereto and incorporated herein by referencewhich under GAAP were required to be disclosed therein, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower its Subsidiaries which would are reasonably be expected likely to cause a Material Adverse Change. Since December Change since October 31, 20222002, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Revolving Credit Agreement (Champion Industries Inc)

Accuracy of Financial Statements. Neither the Borrower Parent nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no material unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to will cause a Material Adverse Change. Since December 31, 20221999, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (U S Interactive Inc/Pa)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to could cause a Material Adverse Change. Since December 31, 20222020, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (EPAM Systems, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by referencethereto to the extent required to be disclosed in accordance with GAAP, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20222019, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Vertex, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has had, as of the date of the Historical Statements, any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to cause a Material Adverse Change. Since December 31, 20222015, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Koppers Holdings Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31September 30, 20221996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Aquapenn Spring Water Company Inc)

Accuracy of Financial Statements. Neither None of the Borrower Borrowers nor any Subsidiary of the Borrower any Borrowers has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses since August 31, 2003 from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would reasonably be expected to may cause a Material Adverse Change. Since December August 31, 20222003, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Vulcan Asphalt Refining Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Annual Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower Borrower, in each case which would reasonably be expected to cause a Material Adverse Change. Since December 3130, 20222012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the Borrower Borrowers has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would be reasonably be expected to cause a Material Adverse Change. Since December March 31, 20222019, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20222016, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Annual Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221993, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Aristech Chemical Corp)

Accuracy of Financial Statements. Neither None of the Borrower Borrowers nor any Subsidiary of the Borrower any Borrowers has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein therein, there are no unrealized or anticipated losses since February 28, 2002 from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would reasonably be expected to may cause a Material Adverse Change. Since December 31February 28, 20222002, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Bell Oil Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20222010, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither -------------------------------- the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of the Borrower has Borrowers have any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower Borrowers or any Subsidiary of the Borrower Borrowers which would reasonably be expected to may cause a Material Adverse Change. Since December August 31, 20222010, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Country Fair Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower its Subsidiaries has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower other Loan Party which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221998, no Material Adverse Change has occurredoccurred with respect to MotivePower or WABCO.

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31June 30, 20221997, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Novacare Employee Services Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December 31, 20221995, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Historical Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower Borrower, in each case which would reasonably be expected to cause a Material Adverse Change. Since December 3127, 20222009, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would could reasonably be expected to cause a Material Adverse Change. Since December 31, 20222010, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of the Borrower has any indebtedness, liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the Statements or in the notes thereto, attached hereto and incorporated herein by reference, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower which would reasonably be expected to may cause a Material Adverse Change. Since December October 31, 20222009, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Spartech Corp)

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