Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and Borrower hereby certify that: a. The representations and warranties contained in the Credit Agreement and the other Credit Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof; b. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and c. Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 2 contracts
Samples: Joinder Agreement (TerraForm Power, Inc.), Joinder Agreement (TerraForm Power, Inc.)
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer officer, to the best of his or her knowledge, and Borrower hereby certify that:
a. i. The representations and warranties contained in the Credit Agreement and the other Credit Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall 1 Insert bracketed language if the lending institution is not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;a Lender.
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. iii. Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Samples: Mortgaged Properties Schedule (Dollar General Corp)
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer officer, to the best of his or her knowledge, and the Borrower hereby certify that:
a. i. The representations and warranties contained in the Credit Agreement and the other Credit Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided thatprovided, in each casethat to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such materiality qualifier representation or warranty shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects;
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. iii. The Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof. 2 Insert bracketed language if the lending institution is not already a Lender.
Appears in 1 contract
Samples: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp)
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and officer, to his or her knowledge, on behalf of the Borrower hereby certify certifies as of the date hereof that:
a. i. The representations and warranties contained in the Credit Agreement and in the other Credit Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were are true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;
b. ii. No event Event of Default has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; andhereby;
c. iii. Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.; and
Appears in 1 contract
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer officer, to the best of his or her knowledge, and Borrower hereby certify that:
a. i. The representations and warranties contained in the Credit Agreement and in the other Credit Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided thatprovided, in each casethat to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such materiality qualifier shall not be applicable to any representations representation or warranty is true and warranties that already are qualified or modified by materiality correct in the text thereofall respects;
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. iii. Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and the Borrower hereby certify that:
a. i. The representations and warranties contained in the Credit Agreement and the other Credit Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;; 1 Insert bracketed language if the lending institution is not already a Lender.
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing Incremental Facility contemplated hereby that would constitute a Default or an Event of Default; and;
c. iii. The Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.;
Appears in 1 contract
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and Borrower hereby certify that:
a. i. The representations and warranties contained in the Credit Agreement and the other Credit Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;; 2 Insert bracketed language if the lending institution is not already a Lender.
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. iii. Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and Borrower hereby certify that:
a. The representations and warranties contained in the Credit Agreement and the other Credit Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;
b. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. Borrower has performed in all material respects all agreements and satisfied all conditions which Section 2.24 of the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer officer, to the best of his or her knowledge, and Borrower hereby certify that:
a. i. The representations and warranties contained in the Second Lien Credit Agreement and in the other Credit Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided thatprovided, in each casethat to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such materiality qualifier shall not be applicable to any representations representation or warranty is true and warranties that already are qualified or modified by materiality correct in the text thereofall respects;
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. iii. Borrower has performed in all material respects all agreements and satisfied all conditions which the Second Lien Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Samples: Second Lien Credit and Guaranty Agreement (RadNet, Inc.)
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and Borrower hereby certify certifies that:
a. The representations and warranties contained set forth in Article III of the Amended and Restated Credit Agreement and the in each other Credit Documents Loan Document are true and correct in all material respects (other than representations and warranties that are qualified by materiality, which shall be true and correct in all respects) on and as of the date hereof to with the same extent effect as though made on and as of the date hereofsuch date, except to the extent such representations and warranties specifically expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;
b. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing proposed borrowings contemplated hereby that would constitute a Default or an Event of Default; and
c. The Borrower has performed in all material respects all agreements and satisfied all conditions which the Amended and Restated Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer officer, to the best of his or her knowledge, and Borrower hereby certify that:
a. i. The representations and warranties contained in the Credit Agreement and in the other Credit Loan Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided thatprovided, in each casethat to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such materiality qualifier shall not be applicable to any representations representation or warranty is true and warranties that already are qualified or modified by materiality correct in the text thereofall respects;
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. iii. Borrower has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof. 3Insert bracketed language if the lending institution is not already a Lender.
Appears in 1 contract
Borrower’s Certifications. By its execution of this Agreement, the undersigned officer and [U.S.][Canadian][UK] Borrower hereby certify certifies that:
a. i. The representations and warranties contained in the Credit Agreement and the other Credit Loan Documents are true and correct in all material respects on 9 Insert bracketed language if the lending institution is not already a Lender. and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;
b. ii. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. Borrower iii. Each of the Borrowers has performed in all material respects all agreements and satisfied all conditions which the Credit Agreement provides shall be performed or satisfied by it on or before the date hereofhereof with respect to the effectiveness of this Agreement.
Appears in 1 contract
Borrower’s Certifications. By its execution of this AgreementAmendment, the undersigned officer on behalf of Borrower (and Borrower not in his or her individual capacity) hereby certify certifies that:
a. The representations and warranties contained in the Credit Agreement and the other Credit Documents are true and correct in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereof, except to the extent such representations and warranties specifically relate to an earlier date, in which case such representations and warranties were true and correct in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof;
b. No event has occurred and is continuing or would result from the consummation of the Proposed Borrowing borrowing contemplated hereby that would constitute a Default or an Event of Default; and
c. Borrower has performed in all material respects all agreements and satisfied all conditions which Section 2.24 of the Credit Agreement provides shall be performed or satisfied by it on or before the date hereof.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.)