Common use of Certain ERISA Matters Clause in Contracts

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:

Appears in 15 contracts

Samples: Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (Monroe Capital Income Plus Corp), Credit Agreement (BlackRock TCP Capital Corp.)

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Certain ERISA Matters. (a) Each Lender (xi) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yii) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 14 contracts

Samples: Term Loan Agreement (Cleco Power LLC), Credit Agreement (Cleco Corporate Holdings LLC), Credit Agreement (Cleco Power LLC)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 10 contracts

Samples: Credit Agreement (Tri Pointe Homes, Inc.), Credit Agreement (Tri Pointe Homes, Inc.), Credit Agreement (Cabot Oil & Gas Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 9 contracts

Samples: Loan Agreement (Western Digital Corp), Credit Agreement (Consolidated Edison Co of New York Inc), Loan Agreement (Western Digital Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:

Appears in 8 contracts

Samples: Term Loan Agreement (V F Corp), Credit Agreement (McKesson Corp), Assignment and Assumption (SAFG Retirement Services, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 8 contracts

Samples: Five Year Credit Agreement (International Business Machines Corp), Three Year Credit Agreement (International Business Machines Corp), Credit Agreement (International Business Machines Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorEPD, that at least one of the following is and will be true:

Appears in 7 contracts

Samples: Assignment and Assumption (Enterprise Products Partners L.P.), Day Revolving Credit Agreement (Enterprise Products Partners L.P.), Assignment and Assumption (Enterprise Products Partners L.P.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 7 contracts

Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), First Lien Credit Agreement (Gannett Co., Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto hereto, to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:

Appears in 7 contracts

Samples: Credit Agreement (NGL Energy Partners LP), Credit Agreement (KLX Energy Services Holdings, Inc.), Credit Agreement (NGL Energy Partners LP)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, toLender, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party heretoLender, for the benefit of, of the Administrative Agent Agent, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 6 contracts

Samples: Credit Agreement (Trinity Place Holdings Inc.), Stock Purchase Agreement (Trinity Place Holdings Inc.), Credit Agreement (Trinity Place Holdings Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and the Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 6 contracts

Samples: Business Loan and Security Agreement (Vse Corp), Business Loan and Security Agreement (Vse Corp), Loan and Security Agreement (Vse Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 5 contracts

Samples: Credit Agreement (Sitio Royalties Corp.), Credit Agreement (STR Sub Inc.), Credit Agreement (Sitio Royalties Corp.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 5 contracts

Samples: Term Loan Credit Agreement (J M SMUCKER Co), Credit Agreement (Robinhood Markets, Inc.), Credit Agreement (Robinhood Markets, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Hartford Financial Services Group, Inc.), Credit Agreement (Hartford Financial Services Group, Inc.), Credit Agreement (Hartford Financial Services Group Inc/De)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Revolving Credit Agreement (L3harris Technologies, Inc. /De/), Credit Agreement (DENTSPLY SIRONA Inc.), Revolving Credit Agreement (Harris Corp /De/)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Term Loan Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Digital Realty Trust, L.P.), Term Loan Agreement (Digital Realty Trust, L.P.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Madison Square Garden Sports Corp.), Credit Agreement (Madison Square Garden Sports Corp.), Credit Agreement (Madison Square Garden Sports Corp.)

Certain ERISA Matters. (a) 1. Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC), Credit Agreement (Entergy Arkansas, LLC)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Senior Secured Revolving Credit Agreement (Capital Southwest Corp), Senior Secured Revolving Credit Agreement (Capital Southwest Corp), Secured Revolving Credit Agreement (Capital Southwest Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the Eighth Amendment Effective Date or, if later, the date such Person became a Lender party hereto, to, and (y) covenants, from the such date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (BlackRock Inc.), Credit Agreement (BlackRock Inc.), Credit Agreement (BlackRock Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Employers Holdings, Inc.), Credit Agreement (Employers Holdings, Inc.), Term Loan Credit Agreement (ITC Holdings Corp.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Pioneer Natural Resources Co), Credit Agreement (Pioneer Natural Resources Co), Credit Agreement (Red Lion Hotels CORP)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Revolving Credit Agreement (Western Midstream Partners, LP), Credit Agreement (Western Midstream Partners, LP), Revolving Credit Agreement (Western Gas Partners LP)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Takeda Pharmaceutical Co LTD), Bridge Credit Agreement (Takeda Pharmaceutical Co LTD), Term Loan Credit Agreement (Takeda Pharmaceutical Co LTD)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrowers or any other Obligor, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Linde PLC), Credit Agreement (Linde PLC), Credit Agreement (Linde PLC)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Hilton Worldwide Holdings Inc.), Credit Agreement (Hilton Worldwide Holdings Inc.), Credit Agreement (Hilton Worldwide Holdings Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 4 contracts

Samples: Credit Agreement (Church & Dwight Co Inc /De/), Credit Agreement (Northwest Natural Holding Co), Credit Agreement (Northwest Natural Holding Co)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Assignment and Assumption (Oncor Electric Delivery Co LLC), Credit Agreement (Oncor Electric Delivery Co LLC), Day Term Loan Agreement (Arizona Public Service Co)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Vinebrook Homes Trust, Inc.), Credit Agreement (Vinebrook Homes Trust, Inc.), Revolving Credit Agreement (Vinebrook Homes Trust, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Kyndryl Holdings, Inc.), Credit Agreement (Kyndryl Holdings, Inc.), Credit Agreement (Tortoise Energy Infrastructure Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Starbucks Corp), Day Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx), Loan and Security Agreement (Core Scientific, Inc./Tx)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its respective affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (UWM Holdings Corp), Credit Agreement (loanDepot, Inc.), Credit Agreement (loanDepot, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Selective Insurance Group Inc), 364 Day Revolving Credit Agreement (Donaldson Co Inc), Credit Agreement (Selective Insurance Group Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc), Credit Agreement (Herc Holdings Inc)

Certain ERISA Matters. (ai) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, under the Agreement and (y) covenants, from the date such Person became a Lender party hereto under the Agreement to the date such Person ceases being a Lender party heretoto the Agreement, for the benefit of, of the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Abl Credit Agreement (Chewy, Inc.), Credit Agreement (Chewy, Inc.), Abl Credit Agreement (Chewy, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrower, any Originator, the Performance Guarantor or any other Obligorthe Servicer, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Concentrix Corp), Receivables Financing Agreement (Concentrix Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or any other ObligorCredit Party, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Copart Inc), Fourth Amendment (Resolute Forest Products Inc.), Credit Agreement (Resolute Forest Products Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (United Rentals North America Inc), Credit Agreement (United Rentals North America Inc), Lease Agreement (United Rentals North America Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person person became a Lender party hereto, to, and (y) covenants, from the date such Person person became a Lender party hereto to the date such Person person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligorof its Subsidiaries or Affiliates, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Avista Corp), Credit Agreement (Avista Corp), Credit Agreement (Avista Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Parent or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Tremor International Ltd.), Credit Agreement (Hecla Mining Co/De/)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Term Loan Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.), Credit Agreement (At&t Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, not to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (BlackRock TCP Capital Corp.), Credit Agreement (BlackRock Capital Investment Corp), Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, hereto and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc), Term Loan Credit Agreement (PPG Industries Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Delta Air Lines, Inc.), Credit Agreement (Delta Air Lines, Inc.), Credit Agreement (Delta Air Lines, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC), Assignment and Assumption (Oncor Electric Delivery Co LLC), Assignment and Assumption (Oncor Electric Delivery Co LLC)

Certain ERISA Matters. (a) Each Lender (xLender(x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Year Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co), Assignment and Assumption (Eastman Chemical Co)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the later of the date such Person became a Lender party heretohereto and the Effective Date, to, and (y) covenants, from the such date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, the Lead Arranger, and nottheir respective Affiliates, for the avoidance of doubt, and not to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:

Appears in 3 contracts

Samples: Credit Agreement (Prospect Floating Rate & Alternative Income Fund, Inc.), Secured Revolving Credit Agreement (Crescent Capital BDC, Inc.), Revolving Credit Agreement (Crescent Capital BDC, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:,

Appears in 3 contracts

Samples: 364 Day Term Loan Credit Agreement (Fortive Corp), Term Loan Credit Agreement (Fortive Corp), Term Loan Credit Agreement (Fortive Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (United Rentals North America Inc), Lease Agreement (United Rentals North America Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Term Loan Agreement (Jacobs Engineering Group Inc /De/), Term Loan Agreement (Jacobs Engineering Group Inc /De/)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agents and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Global Revolving Credit Agreement (Ryder System Inc), Global Revolving Credit Agreement (Ryder System Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Athene Holding LTD), Credit Agreement (Athene Holding LTD)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit ofof each Agent, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Hersha Hospitality Trust), Credit Agreement (Five Star Senior Living Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Arranger their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Loan Agreement (Coca Cola Bottling Co Consolidated /De/), Credit Agreement (Coca Cola Bottling Co Consolidated /De/)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Term Loan Agreement (Alignment Healthcare, Inc.), Credit Agreement (TriState Capital Holdings, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for reliance by the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Nu Skin Enterprises, Inc.), Credit Agreement (Nu Skin Enterprises Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person it became a Lender party hereto, to, and (y) covenants, from the date such Person it became a Lender party hereto to the date such Person it ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorObligors, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

Certain ERISA Matters. (a) Each Lender (xi) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yii) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligorand Servicer, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Loan and Security Agreement (Flat Rock Core Income Fund), Loan and Security Agreement (Flat Rock Capital Corp.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Mobile Infrastructure Corp), Bridge Credit Agreement (Vinebrook Homes Trust, Inc.)

Certain ERISA Matters. (a) Each Person that becomes party hereto after the date hereof as a Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorObligors, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (Harrow Health, Inc.), Credit Agreement and Guaranty (Establishment Labs Holdings Inc.)

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Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, to and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Ufp Technologies Inc), Credit Agreement (Ufp Technologies Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will shall be true:

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.)

Certain ERISA Matters. (a) Each a)Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:: ​

Appears in 2 contracts

Samples: Assignment and Assumption (American International Group, Inc.), Assignment and Assumption (American International Group, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Fortive Corp), Credit Agreement (Fortive Corp)

Certain ERISA Matters. (a1) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Xerox Corp), Credit Agreement (Xerox Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, Titled Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Loan, Guaranty and Security Agreement (Terawulf Inc.), Loan Agreement (Terawulf Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Loan Agreement (RCM Technologies, Inc.), Loan Agreement (RCM Technologies Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Hershey Co), Credit Agreement (Hershey Co)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Waitr Holdings Inc.), Credit Agreement (Waitr Holdings Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Republic Services, Inc.), Credit Agreement (Lowes Companies Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, hereto and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Five Year Credit Agreement (PPG Industries Inc), Credit Agreement (PPG Industries Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person person became a Lender party hereto, to, and (y) covenants, from the date such Person person became a Lender party hereto to the date such Person person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc)

Certain ERISA Matters. (a) Each Lender (xLender(x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Term Loan Agreement (Eastman Chemical Co), Term Loan Agreement (Eastman Chemical Co)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and each Arranger and their respective Affiliates and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Visa Inc.), Credit Agreement (Visa Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 2 contracts

Samples: Credit Agreement (Cabot Corp), Credit Agreement (Cabot Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, toLender, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party heretoLender, for the benefit of, of the Administrative Agent Agent, and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrowers or any other ObligorLoan Party, that at least one (1) of the following is and will be true:: 116

Appears in 1 contract

Samples: Credit Agreement (Summit Hotel Properties, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each arranger to the Administrative Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligoror, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (Gartner Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Assignment and Assumption (Oncor Electric Delivery Co LLC)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorODEC, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (Old Dominion Electric Cooperative)

Certain ERISA Matters. (a) Each Lender (xi) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yii) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Credit Agreement (Ovintiv Inc.)

Certain ERISA Matters. (a) . (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Loan Agreement (Easterly Government Properties, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower Company or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (DXC Technology Co)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (Ferguson PLC)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Joint Lead Arrangers and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:: CHAR1\1889946v5

Appears in 1 contract

Samples: Credit Agreement (CVS HEALTH Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and the Lead Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (Crane Co /De/)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (GCM Grosvenor Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCompany, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Revolving Credit Agreement (Fidelity National Information Services, Inc.)

Certain ERISA Matters. (a) Each Lender (xi) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yii) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, Lead Arranger, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorRestricted Person, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (Remora Royalties, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorUniversity, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement

Certain ERISA Matters. (a) Each Lender (xi) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yii) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, each Additional Titled Agent, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorRestricted Person, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Loan Agreement (Acacia Research Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became become a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Guaranty Agreement (Drilling Tools International Corp)

Certain ERISA Matters. (a) (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Loan Agreement (Easterly Government Properties, Inc.)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent Agent, the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor(the “Relevant Parties”), that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Loan Credit Agreement (Edison International)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, hereto and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent Agent, and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Loan Credit Agreement (PPG Industries Inc)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Term Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Loan Agreement (Chesapeake Energy Corp)

Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Credit Agreement (Nesco Holdings, Inc.)

Certain ERISA Matters. (a) . (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:

Appears in 1 contract

Samples: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)

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