Compliance with Warranties, No Default. Both before and after giving effect to any borrowing of the Loans the following shall be true and correct:
(a) the representations and warranties of each Loan Party set forth in this Agreement and the other Loan Documents are true and correct in all material respects (unless any such representation or warranty is by its terms qualified by concepts of materiality, in which that representation or warranty is true and correct in all respects) with the same effect as if then made (except to the extent stated to relate to a specific earlier date, in which case that representation or warranty is true and correct in all material respects or in all respects, as applicable, as of that earlier date); and
(b) no Default or Event of Default shall have then occurred and be continuing or would result from such borrowing.
Compliance with Warranties, No Default. Both before and after giving effect to any borrowing (including, without limitation, any Revolving Loans and Incremental Term Loan) and the issuance of any Letter of Credit, the following shall be true and correct:
(a) the representations and warranties of each Loan Party set forth in this Agreement and the other Loan Documents are true and correct in all material respects (unless any such representation or warranty is by its terms qualified by concepts of materiality, in which that representation or warranty is true and correct in all respects) with the same effect as if then made (except to the extent stated to relate to a specific earlier date, in which case that representation or warranty is true and correct in all material respects or in all respects, as applicable, as of that earlier date);
(b) no Default or Event of Default shall have then occurred and be continuing or would result from such borrowing; and
(c) if such borrowing is of a Revolving Loan, as of the last day of the mostly recently concluded trailing 12 month period, and calculated on a pro forma basis as if such Revolving Loan had been made on that last day, the Consolidated Group is in pro forma compliance with the level of each of the financial covenants set forth in Section 11.12 for the most recently ended month for which financial statements have been (or were required to be) delivered under and in accordance with Section 10.1.2.
Compliance with Warranties, No Default. (a) As of the Effective Date, the representations and warranties set forth in the Credit Agreement, and the representations and warranties set forth in each of the Loan Documents shall be true and correct in all material respects;
(b) As of the Effective Date, no Default or Event of Default shall have occurred and be continuing;
(c) Lender shall have received from the Borrower a certificate, dated the Effective Date, certifying matters set forth in subsections (a) and (b) of this Section 3.4.
Compliance with Warranties, No Default. The representations and warranties set forth in the Lease as amended hereby shall be true and correct with the same effect as if made on the date of this Amendment, and no uncured default under the Lease has occurred or is continuing on the date of this Amendment.
Compliance with Warranties, No Default. The representations and warranties set forth in the Lease as amended hereby shall be true and correct with the same effect as if made on the Effective Date, and to Landlord’s and Tenant’s knowledge, no uncured default under the Lease has occurred or is continuing on the Effective Date.
Compliance with Warranties, No Default. The representations and warranties set forth in the Lease as amended hereby shall be true and correct with the same effect as if made on the date of this Fourth Amendment, and no uncured default under the Lease has occurred or is continuing on the date of this Fourth Amendment.
Compliance with Warranties, No Default. The representations and warranties set forth in the Lease as amended hereby shall be true and correct with the same effect as if made on the date of this Amendment. Tenant acknowledges that Landlord has complied with all of its obligations under the Lease which accrued prior to the date hereof and Landlord acknowledges that Tenant has complied with all if its obliagations under the Lease which accrued prior to the date hereof
Compliance with Warranties, No Default. Both before and after giving effect to any borrowing and the issuance of any Letter of Credit, the following statements shall be true and correct:
(a) the representations and warranties of each Parent Entity set forth in the Loan Documents shall be true and correct in all material respects with the same effect as if then made (except to the extent stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and
(b) no Default or Event of Default shall have then occurred and be continuing.
Compliance with Warranties, No Default. The representations and warranties set forth in the Lease as amended hereby shall be true and correct with the same effects as if made on the date of this Second Amendment, and no uncured default under the Lease has occurred or is continuing on the date of this Second Amendment.
Compliance with Warranties, No Default. Both before and after giving effect to any advance hereunder, (i) each of the representations and warranties set forth in Section 6 shall be true and correct in all material respects, except to the extent that they expressly relate to an earlier date, (ii) there shall exist no Default or Event of Default, and (iii) no condition shall exist and no event shall have occurred which has had or could reasonably be expected to have a Material Adverse Effect.
