Common use of Compliance with Warranties, No Default, etc Clause in Contracts

Compliance with Warranties, No Default, etc. 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 Loan Party set forth in this Agreement and the other 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); provided that to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such representation or warranty shall be true and correct in all respects; and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 5 contracts

Samples: Credit Agreement (Bright Health Group Inc.), Credit Agreement (Bright Health Group Inc.), Credit Agreement (Centene Corp)

AutoNDA by SimpleDocs

Compliance with Warranties, No Default, etc. Both before and after giving effect to any borrowing and the issuance of any Letter of Creditborrowing, the following statements shall be true and correct: (a) the representations and warranties of each Loan Party the Company set forth in this Agreement (other than Section 9.5) and the other 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); provided that to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such representation or warranty shall be true and correct in all respects; and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 4 contracts

Samples: Credit Agreement (NeueHealth, Inc.), Credit Agreement (NeueHealth, Inc.), Credit Agreement (Bright Health Group Inc.)

Compliance with Warranties, No Default, etc. Both before and after giving effect to the making, continuation or conversion any borrowing and Loan or the issuance of any Letter of Credit, the following statements shall be true and correct: (a) the representations and warranties of each Loan Party set forth in this Agreement and the other Loan Documents shall be true and correct in all material respects with the same effect as if then made (or, if such representations and warranties are qualified by materiality or Material Adverse Effect, in all respects) except to the extent stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); provided that to the extent any date (or, if such representation or warranty is already representations and warranties are qualified by materiality or material adverse effectMaterial Adverse Effect, such representation or warranty shall be true and correct in all respects)); and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 2 contracts

Samples: Credit Agreement (Russ Berrie & Co Inc), Credit Agreement (Russ Berrie & Co Inc)

Compliance with Warranties, No Default, etc. Both before and after giving effect to any borrowing and the issuance of any Letter of Creditborrowing, the following statements shall be are true and correct: (a) the representations and warranties of each Loan Party set forth in this Agreement and the other Loan Documents shall be 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 case 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 such representations and warranties shall be true and correct as of such earlier date); provided that to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such representation or warranty shall be 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 or Unmatured Event of Default shall have then has occurred and be is continuing.

Appears in 2 contracts

Samples: Credit Agreement (American Virtual Cloud Technologies, Inc.), Credit Agreement (Digital Media Solutions, Inc.)

Compliance with Warranties, No Default, etc. Both before and after giving effect to any borrowing of any Loan and the issuance of any Letter of Credit, the following statements shall be true and correct: (a) the representations and warranties of each Loan Party set forth in this Agreement and the other Loan Documents shall be true and correct in all respects (or if the applicable representation or warranty is not qualified by a materiality qualifier, true and correct in all material respects 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 in all respects (or if the applicable representation or warranty is not qualified by a materiality qualifier, true and correct in all material respects) as of such earlier date); provided that to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such representation or warranty shall be true and correct in all respects; and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Baldwin Technology Co Inc)

Compliance with Warranties, No Default, etc. 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 Loan Party set forth in this Agreement and the other Loan Documents shall be true and correct in all material respects (or in all respects in the case of any representation or warranty qualified by materiality or Material Adverse Effect) 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 in all material respects (or in all respects in the case of any representation or warranty qualified by materiality or Material Adverse Effect) as of such earlier date); provided that to the extent any such representation or warranty is already qualified by materiality or material adverse effect, such representation or warranty shall be true and correct in all respects; and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Landauer Inc)

AutoNDA by SimpleDocs

Compliance with Warranties, No Default, etc. Both before and after giving effect to the making, continuation or conversion of any borrowing and Revolving Loan or the issuance of any Letter of Credit, the following statements shall be true and correct: (a) the representations and warranties of each Loan Party set forth in this Agreement and the other Loan Documents shall be true and correct in all material respects with the same effect as if then made (or, if such representations and warranties are qualified by materiality or Material Adverse Effect, in all respects) except to the extent stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); provided that to the extent any date (or, if such representation or warranty is already representations and warranties are qualified by materiality or material adverse effectMaterial Adverse Effect, such representation or warranty shall be true and correct in all respects); and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Russ Berrie & Co Inc)

Compliance with Warranties, No Default, etc. 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 Loan Party set forth in this Agreement and the other 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); provided that date and except to the extent any such representation or warranty is already qualified by materiality or material adverse effectmateriality, in which case such representation or and warranty shall be true and correct in all respects); and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Continental Materials Corp)

Compliance with Warranties, No Default, etc. Both before and after giving effect to the making, continuation or conversion any borrowing and Loan or the issuance of any Letter of Credit, the following statements shall be true and correct: (a) the representations and warranties of each the Borrower and any other Loan Party set forth in this Agreement and the other Loan Documents shall be true and correct in all material respects with the same effect as if then made (or, if such representations and warranties are qualified by materiality or Material Adverse Effect, in all respects) except to the extent stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); provided that to the extent any date (or, if such representation or warranty is already representations and warranties are qualified by materiality or material adverse effectMaterial Adverse Effect, such representation or warranty shall be true and correct in all respects); and (b) no Event of Default or Unmatured Event of Default shall have then occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Russ Berrie & Co Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!