Common use of As of that Funding Date Clause in Contracts

As of that Funding Date. (i) The representations and warranties contained herein and in the other Loan Documents shall be true, correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; provided that where a representation and warranty is already qualified as to materiality, the materiality qualifier in this clause shall be disregarded for purposes of this condition;

Appears in 3 contracts

Samples: Credit Agreement (Brand Energy & Infrastructure Services, Inc), Credit Agreement (Brand Intermediate Holdings Inc), Credit Agreement (Brand Services)

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As of that Funding Date. (i) The representations and warranties contained herein and in the other Loan Documents shall be true, true and correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, true and correct and complete in all material respects on and as of such earlier date; provided that where a representation and warranty is already qualified as to materiality, the materiality qualifier in this clause shall be disregarded for purposes of this condition;

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Prime Succession Inc), Credit and Guaranty Agreement (Prime Succession Inc)

As of that Funding Date. (i) a. The representations and warranties contained herein and in the other Loan Documents shall be true, correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; provided provided, that where a representation and warranty is already qualified as to materiality, the such materiality qualifier in this clause shall be disregarded for purposes of this condition;

Appears in 1 contract

Samples: Credit Agreement (Central Garden & Pet Company)

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As of that Funding Date. (i) The representations and warranties contained herein and in the other Loan Documents shall be true, correct and complete in all material respects on and as of that Funding Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties shall have been true, correct and complete in all material respects on and as of such earlier date; provided that where a representation and warranty is already qualified as to materiality, the materiality qualifier in this clause shall be disregarded for purposes of this condition;

Appears in 1 contract

Samples: Security Agreement (Horseshoe Gaming Holding Corp)

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