Common use of Auction Assignment and Assumption Clause in Contracts

Auction Assignment and Assumption. Each Auction Notice and Auction Assignment and Assumption shall contain the following representations and warranties by the Company: “No Default or Event of Default has occurred and is continuing, or would result from this Auction. As of the date hereof, except as previously disclosed in writing to the Agent and the Lenders, the Company represents and warrants that no Loan Party, has any MNPI that both (a) has not been disclosed to the Agent and the Lenders (other than because any such Lender does not wish to receive such MNPI) prior to such time and (b) could reasonably be expected to have a material effect upon, or otherwise be material to, such Lender’s decision to participate in the Auction.”

Auction Assignment and Assumption. Each Auction Notice and Auction Assignment and Assumption shall contain the following representations and warranties by the CompanyBorrower: “No Default or Event of Default has occurred and is continuing, or would result from this Auction. As of the date hereof, hereof except as previously disclosed in writing to the Agent and the Lenders, the Company Borrower represents and warrants that no Loan Party, Party has any MNPI that both (a) has not been previously disclosed in writing to the Agent and the Lenders (other than because any such Lender does not wish to receive such MNPI) prior to such time the date hereof and (b) could reasonably be expected to have a material effect upon, or otherwise be material to, such to a Lender’s decision to participate in the Auction.”

Auction Assignment and Assumption. Each Auction Notice and Auction Assignment and Assumption shall contain the following representations and warranties by the Company: “No Default or Event of Default has occurred and is continuing, or would result from this Auction. As of the date hereof, except as previously disclosed in writing to the Agent and the Lenders, the Company represents and warrants that no Loan PartyBorrower, has any MNPI that both (a) has not been disclosed to the Agent and the Lenders (other than because any such Lender does not wish to receive such MNPI) prior to such time and (b) could reasonably be expected to have a material effect upon, or otherwise be material to, such Lender’s 's decision to participate in the Auction.”

Auction Assignment and Assumption. Each Auction Notice and Auction Assignment and Assumption shall contain the following representations and warranties by the CompanyBorrower: “No Default or Event of Default has occurred and is continuing, or would result from this Auction. As of the date hereof, hereof except as previously disclosed in writing to the Agent and the Lenders, the Company Borrower represents and warrants that no Loan Party, Party has any MNPI that both (a) has not been previously disclosed in writing to the Agent and the Lenders (other than because any such Lender does not wish to receive such MNPI) prior to such time the date hereof and (b) could reasonably be expected to have a material effect upon, or otherwise be material to, such Lender’s to a Lender ‘s decision to participate in the Auction.”

Auction Assignment and Assumption. Each Auction Notice and Auction Assignment and Assumption shall contain the following representations and warranties by the CompanyBorrower: “No Default or Event of Default has occurred and is continuing, or would result from this Auction. As of the date hereof, except as previously disclosed in writing to the Agent and the Lenders, the Company Borrower represents and warrants that no Loan Party, Party has any MNPI that both (a) has not been previously disclosed in writing to the Agent and the Lenders (other than because any such Lender does not wish to receive such MNPI) prior to such time the date hereof and (b) could reasonably be expected to have a material effect upon, or otherwise be material to, such to a Lender’s decision to participate in the Auction.”