Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 22 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) if any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the if Borrowers or any Guarantor shall fail to perform perform, keep, or observe any term, covenant provision, condition, covenant, or agreement contained in this Amendment.
Appears in 10 contracts
Samples: Loan Agreement, Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 8 contracts
Samples: Loan Agreement (General Datacomm Industries Inc), Loan Agreement (General Datacomm Industries Inc), Loan Agreement (General Datacomm Industries Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “"Loan Document” " under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 7 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (WHX Corp), Credit Agreement (WHX Corp)
Amendment as Loan Document. The Borrowers Each of the Parent and each Guarantor the Borrower hereby acknowledge acknowledges and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i1) any representation or warranty made by the Borrowers Parent or any Guarantor the Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii2) the Borrowers Parent or any Guarantor the Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 7 contracts
Samples: Debtor in Possession Credit and Security Agreement, Debtor in Possession Credit and Security Agreement (Pope & Talbot Inc /De/), Credit Agreement (Pope & Talbot Inc /De/)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment Agreement constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers Parent or any Guarantor Borrower under or in connection with this Amendment Agreement shall have been untrue, false or misleading not true and correct in any all material respect respects when made, or (ii) the Borrowers Parent or any Guarantor Borrower shall fail to perform or observe any term, covenant or agreement contained in this AmendmentAgreement.
Appears in 4 contracts
Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) if any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the if Borrowers or any Guarantor shall fail to perform perform, keep, or observe any term, covenant provision, condition, covenant, or agreement contained in this Amendment.
Appears in 4 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 4 contracts
Samples: Loan and Security Agreement (Gentiva Health Services Inc), Loan and Security Agreement (Gentiva Health Services Inc), Loan and Security Agreement (Gentiva Health Services Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Gentiva Health Services Inc), Second Amendment and Consent Agreement (Gentiva Health Services Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “Loan Document.” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Amendment to Credit Agreement (Trian Fund Management, L.P.), Partial Release and Eighth Omnibus Amendment (Trian Fund Management, L.P.)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) if any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the if Borrowers or any Guarantor shall fail to perform perform, keep, or observe any term, covenant provision, condition, covenant, or agreement contained in this Amendment.. (g)
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Foster Wheeler LTD), Loan and Security Agreement (Foster Wheeler LTD)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan Agreement (Gentiva Health Services Inc), Fourth Amendment and Consent Agreement (Gentiva Health Services Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Numatics Inc), Loan and Security Agreement (Numatics Inc)
Amendment as Loan Document. The Borrowers Borrower and each Guarantor hereby acknowledge acknowledges and agree agrees that this Amendment Agreement constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers Borrower or any Guarantor under or in connection with this Amendment Agreement shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers Borrower or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this AmendmentAgreement.
Appears in 1 contract