Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 8 contracts
Samples: Credit Agreement (McCormick & Co Inc), 364 Day Credit Agreement (Noble Energy Inc), 364 Day Credit Agreement (Noble Energy Inc)
Borrowing Request. The Administrative Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 7 contracts
Samples: Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD), Credit Agreement (Royal Caribbean Cruises LTD)
Borrowing Request. The Agent shall have received a Borrowing Request for such BorrowingBorrowing of a Loan and an Issuance Request for each Borrowing which is in the form of the issuance of a Letter of Credit. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing or Issuance Request shall constitute a representation and warranty by the Borrower that that, on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) ), the statements made in Section 5.2.1 are true and correct.
Appears in 3 contracts
Samples: Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc), Credit Agreement (Vintage Petroleum Inc)
Borrowing Request. The Agent shall have received a Borrowing Request for such the Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such the Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 5.1.7 are true and correct.
Appears in 2 contracts
Samples: Term Loan Agreement (Noble Energy Inc), Noble Energy Inc
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section SECTION 5.2.1 are true and correct.
Appears in 2 contracts
Samples: Credit Agreement (Noble Affiliates Inc), Credit Agreement (Noble Affiliates Inc)
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 SECTION 5.1.6 are true and correct.
Appears in 2 contracts
Samples: Guaranty Agreement, Credit Agreement (Price/Costco Inc)
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower Obligors that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 2 contracts
Samples: Credit Agreement (Moore Corporation LTD), Credit Agreement (Kirkwood Acquisition Corp)
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 4.2.1 are true and correct.
Appears in 2 contracts
Samples: Thorn Apple Valley Inc, Thorn Apple Valley Inc
Borrowing Request. The Agent shall have received a Borrowing ----------------- Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are ------------- true and correct.
Appears in 1 contract
Samples: Credit Agreement (Aristotle Corp)
Borrowing Request. The Agent shall have ----------------- received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 6.2.1 are true and correct. ------------- SECTION 6.2.3.
Appears in 1 contract
Borrowing Request. The Agent shall have received ----------------- a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that that, on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) ), the statements made in Section 5.2.1 are true and correct.. -------------
Appears in 1 contract
Borrowing Request. The Agent shall have received a Revolving Loan Borrowing Request or a Competitive Bid Loan Borrowing Request (as the case may be) for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 1 contract
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower Borrowers that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 1 contract
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of or the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 1 contract
Borrowing Request. The For all Borrowings of Loans, the Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the a Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower Borrowers that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 1 contract
Samples: Credit Agreement (Penford Corp)
Borrowing Request. The Agent shall have received a Borrowing Request for such BorrowingRequest. Each of the The delivery of a Borrowing Request and the acceptance by the applicable Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the such Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 1 contract
Samples: Credit Agreement (Cencom Cable Income Partners Ii L P)
Borrowing Request. The Agent shall have received a Borrowing ----------------- Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.. -------------
Appears in 1 contract
Samples: Security Agreement (Aristotle Corp)
Borrowing Request. The Agent shall have received a ----------------- Borrowing Request for such BorrowingBorrowing of a Loan and an Issuance Request for each Borrowing which is in the form of the issuance of a Letter of Credit. Each of the delivery of a Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing or Issuance Request shall constitute a representation and warranty by the Borrower that that, on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) ), the statements made in Section 5.2.1 are ------------- true and correct.
Appears in 1 contract
Borrowing Request. The Agent shall have received a Borrowing Request request for such BorrowingBorrowing in accordance with SECTION 2.3. Each of the delivery of request for a Borrowing Request and the acceptance by the such Borrower of the proceeds of such Borrowing shall constitute (a) a representation and warranty by the Company and such Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 SECTION 5.3.1 are true and correctcorrect and (b) the certification required by such section.
Appears in 1 contract
Samples: Credit Agreement (Andrew Corp)
Borrowing Request. The Agent shall have received a Borrowing Request for such Borrowing. Each of the delivery of a Borrowing Request and the acceptance by the related Borrower of the proceeds of such Borrowing shall constitute a representation and warranty by the such Borrower that on the date of such Borrowing (both immediately before and after giving effect to such Borrowing and the application of the proceeds thereof) the statements made in Section 5.2.1 are true and correct.
Appears in 1 contract
Samples: Credit Agreement (Bairnco Corp /De/)
Borrowing Request. The Agent shall have received a the Borrowing Request for such Borrowingthe Loans. Each of the delivery of a the Borrowing Request and the acceptance by the Borrower of the proceeds of such Borrowing the Loans shall constitute a representation and warranty by the Borrower that on the date of such Borrowing the making of the Loans (both immediately before and after giving effect to such Borrowing the making of the Loans and the application of the proceeds thereof) the statements made in Section Sections 5.2.1 and 5.2.2 are true and correct.
Appears in 1 contract