Common use of Borrower’s Closing Certificate Clause in Contracts

Borrower’s Closing Certificate. The Administrative Agent shall have received a certificate in the form attached hereto as Exhibit D, dated the Closing Date, of an Authorized Officer of the Borrower to the effect that, at and as of the Closing Date and both before and after giving effect to the initial Borrowings hereunder, if any, on the Closing Date, and the application of the proceeds thereof: (i) all conditions set forth in Section 5.1 have been satisfied; (ii) no Default or Event of Default has occurred or is continuing; and (iii) all representations and warranties of the Borrower contained herein or in the other Credit Documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date, except that as to any such representations and warranties that expressly relate to an earlier specified date, such representations and warranties are only represented as having been true and correct in all material respects as of the date when made.

Appears in 5 contracts

Samples: Credit Agreement (DPL Inc), Term Loan Agreement (DPL Inc), Credit Agreement (DPL Inc)

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Borrower’s Closing Certificate. The Administrative Agent shall have received a certificate in the form attached hereto as Exhibit Dcertificate, dated the Closing Date, of an Authorized Officer a responsible financial or accounting officer of the Borrower to the effect that, at and as of the Closing Date and both before and after giving effect to the initial Borrowings hereunder, if any, on the Closing Date, hereunder and the application of the proceeds thereof: (ix) the Borrower is in compliance with all conditions set forth of the covenants contained in Section 5.1 have been satisfiedsections 9 and 10 of this Agreement; (iiy) no Default or Event of Default has occurred or is continuing; and (iiiz) all representations and warranties of the Borrower contained herein or in the other Credit Documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date, except that as to any such representations and warranties that expressly relate to an earlier specified date, such representations and warranties are only represented as having been true and correct in all material respects as of the date when made.

Appears in 3 contracts

Samples: General Revolving Note (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)

Borrower’s Closing Certificate. The Administrative Agent shall have received a certificate in the form attached hereto as Exhibit D, dated the Closing Date, of an Authorized the Chief Financial Officer of the each Borrower to the effect that, at and as of the Closing Date and both before and after giving effect to the initial Borrowings hereunder, if any, on the Closing Date, and the application of the proceeds thereof: (i) all conditions set forth in Section 5.1 6.1 have been satisfied; (ii) the Borrowers are in compliance with all of the covenants contained in Articles VIII and IX of this Agreement; (iii) no Default or Event of Default has occurred or is continuing; and (iiiiv) all representations and warranties of the Borrower Credit Parties contained herein or in the other Credit Documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date, except that as to any such representations and warranties that expressly relate to an earlier specified date, such representations and warranties are only represented as having been true and correct in all material respects as of the date when made.

Appears in 2 contracts

Samples: Credit Agreement (Central Hudson Gas & Electric Corp), Credit Agreement (Ch Energy Group Inc)

Borrower’s Closing Certificate. The Administrative Agent shall have received a certificate in the form attached hereto as Exhibit D, dated the Closing Date, of an Authorized the Chief Financial Officer of the Borrower to the effect that, at and as of the Closing Date and both before and after giving effect to the initial Borrowings hereunder, if any, on the Closing Date, and the application of the proceeds thereof: (i) all conditions set forth in Section 5.1 6.1 have been satisfied; (ii) the Borrower are in compliance with all of the covenants contained in Articles VIII and IX of this Agreement; (iii) no Default or Event of Default has occurred or is continuing; and (iiiiv) all representations and warranties of the Borrower Credit Parties contained herein or in the other Credit Documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date, except that as to any such representations and warranties that expressly relate to an earlier specified date, such representations and warranties are only represented as having been true and correct in all material respects as of the date when made.

Appears in 1 contract

Samples: Credit Agreement (Ch Energy Group Inc)

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Borrower’s Closing Certificate. The On the Closing Date the Administrative Agent shall have received a certificate in the form attached hereto as Exhibit Dcertificate, dated the Closing Date, of an Authorized Officer of the Borrower to the effect that, at and as of the Closing Date and both before and after giving effect to the initial Borrowings hereunder, if any, on the Closing Date, hereunder and the application of the proceeds thereof: , (i) the Borrower is in compliance with all conditions set forth of the covenants contained in Section 5.1 have been satisfied; sections 8 and 9 of this Agreement, (ii) no Default or Event of Default has occurred or is continuing; , and (iii) all representations and warranties of the Borrower Credit Parties contained herein or in the other Credit Documents are true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the Closing Date, except that as to any such representations and warranties that which expressly relate to an earlier specified date, such representations and warranties are only represented as having been true and correct in all material respects as of the date when made.

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

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