Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the conversion of Loans from one Type to another or the continuation of Eurodollar Rate Loans) is subject to the following conditions precedent: (a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01. (b) No Default shall exist or would result from such proposed Credit Extension. (c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 3 contracts
Samples: Credit Agreement (Qep Resources, Inc.), Credit Agreement (QEP Midstream Partners, LP), Credit Agreement (QEP Midstream Partners, LP)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date and other than a Committed Loan Notice requesting only the a conversion of Term Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) and Sections 5.05(b) and (c) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from from, such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Term Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 3 contracts
Samples: First Lien Credit Agreement (GMS Inc.), Second Lien Credit Agreement (GMS Inc.), First Lien Credit Agreement (GMS Inc.)
Conditions to all Credit Extensions. The obligation of each Lender and the L/C Issuer to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other each Loan Parties Party contained in Article V this Agreement or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that or if such materiality qualifier shall not be applicable to any representations representation and warranties that already are warranty is qualified or modified by materiality in the text thereofor Material Adverse Effect, it shall be true and correct) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or if such representation and warranty is qualified by materiality or Material Adverse Effect, it shall be true and correct) as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type Type, or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (I3 Verticals, Inc.), Credit Agreement (I3 Verticals, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to satisfaction or waiver of the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other each Loan Parties Party contained in Article V or in any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection herewith or therewith, shall be true and correct in all respects or, in the case of such representations and warranties which are not otherwise subject to a materiality qualification in accordance with this Agreementits terms, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality respects, in the text thereof) each case on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all respects (or in the case of such representations and warranties which are not otherwise subject to a materiality qualification in accordance with its terms, in all material respects) as of such earlier date, and except that for purposes of this Section 4.03(a) provided that, notwithstanding the foregoing, with respect to the initial Credit Extension made on the Closing Date, the representations and warranties contained in Section 5.06(b) the accuracy of which shall be deemed to refer a condition to the most recent statements furnished pursuant funding of the initial Credit Extension shall be limited to clauses those set forth in Sections 5.01(a) (a) and (bwith respect to organizational status), respectively5.01(b)(ii), of Section 6.015.02, 5.04, 5.07(b), 5.12, 5.15, 5.16 (except with respect to Mortgages), 5.18, 5.21, and 5.24 and the Specified Acquisition Agreement Representations.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent andExtension or from the application of the proceeds thereof; provided that, if applicablenotwithstanding the foregoing, this condition shall not apply to the applicable L/C Issuer or the Swing Line Lender shall have received a Request for initial Credit Extension in accordance with made on the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) and (b) have been satisfied on and as of the date of the applicable Credit ExtensionClosing Date.
Appears in 2 contracts
Samples: Credit Agreement (Mission Broadcasting Inc), Credit Agreement (Nexstar Broadcasting Group Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of Revolving Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except (ii) that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (iii) the representation and warranty contained in Section 5.05(c) shall only be made on the Closing Date.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Revolving Loans to the other Type Type, or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit ExtensionExtension in all material respects (or with respect to representations and warranties qualified by materiality, in all respects), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier datedate in all material respects (or with respect to representations and warranties qualified by materiality, in all respects), and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Ascent Capital Group, Inc.), Credit Agreement (Ascent Capital Group, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or and in any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension; provided that, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided, further, that, any representation and except warranty that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) true and (b), respectively, of Section 6.01correct in all respects on such respective dates.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable relevant L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bright Horizons Family Solutions Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (bSection 6.01(a), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Agent shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Tidewater Inc), Credit Agreement (Tidewater Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection herewith or therewith, shall be (i) true and correct as of the Restatement Effective Date and (ii) with this Agreementrespect to such representations and warranties of the Borrower and each other Loan Party after the Restatement Effective Date, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit ExtensionExtension (other than to the extent that any representation and warranty is already qualified by materiality, in which case, such representation and warranty shall be true and correct as of such date), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a), (b) and (c) shall be deemed to refer to the most recent statements furnished pursuant to clauses Sections 6.01(a), (ab) and (bc), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Amendment No. 2 and Reaffirmation of Collateral Documents (Einstein Noah Restaurant Group Inc), Credit Agreement (Einstein Noah Restaurant Group Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving/Term Loan Notice requesting only the a conversion of Revolving Loans from one Type and/or Term Loans to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects to the knowledge of the Borrowers only as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving/Term Loan Notice requesting only a conversion of Revolving Loans or Term Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty to the knowledge of the Borrowers that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Aimco Properties L.P.), Senior Secured Credit Agreement (Aimco Properties L.P.)
Conditions to all Credit Extensions. The obligation of each Lender or the L/C Issuer, as the case may be, to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate LIBOR Loans) is subject to the satisfaction of the conditions in Section 4.1 and the following additional conditions precedent:
(a) The Each of the representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties contained set forth in Article V or any other the Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Documents shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality respects, in the text thereof) each case on and as of the such date as if made on and as of such Credit Extensiondate, except provided that to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided further that any representation and warranty that is qualified as to “materiality”, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) “Material Adverse Effect” or similar language shall be deemed true and correct (after giving effect to refer to the most recent statements furnished pursuant to clauses (aany qualification therein) and (b), respectively, of Section 6.01in all respects on such respective dates.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate LIBOR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the applicable conditions specified in Sections 4.03(a4.2(a) and and, if applicable, (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender and each L/C Issuer to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of Revolving Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided that to the extent the proceeds of a Credit Extension are used to repay commercial paper of the Borrower, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b6.05(b) and Section 6.06 shall be deemed excluded from the condition contained in this Section 5.02(a) with respect to refer such Credit Extension, to the most recent statements furnished pursuant to clauses (a) and (b), respectively, extent of Section 6.01such proceeds.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Revolving Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a5.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Corp)
Conditions to all Credit Extensions. The obligation of each Lender and each L/C Issuer to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) ), including on the Funding Date, is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.03, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicableAgent, the applicable L/C Issuer or the Swing Line Lender Lender, as the case may be, shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Valvoline Inc), Credit Agreement (Ashland Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.06 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01; provided that this Section 4.02(a) shall be satisfied so long as any underlying fact, matter, event or set of circumstances, individually or in the aggregate, about which any representation or warranty is false, inaccurate, misleading or incomplete as of the date for such Credit Extension could not result in a Material Adverse Effect.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Gruma Sab De Cv), Credit Agreement (Gruma Sa De Cv)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct as to representations and warranties that are qualified by materiality, and true and correct in all material respects (except that such materiality qualifier shall not be applicable as to any representations and warranties that already are not qualified or modified by materiality materiality, in the text thereof) each case on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Hologic Inc), Credit Agreement (Hologic Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date, other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Loans) is subject to the following conditions precedent:
(a) The Subject to the provisions in Section 1.02(i), the representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Subject to the provisions in Section 1.02(i), no Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Parent Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Maravai Lifesciences Holdings, Inc.), Credit Agreement (Maravai Lifesciences Holdings, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date, other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Loans) is subject to the following conditions precedent:
(a) The Subject in the case of any Borrowing in connection with a New Loan Commitment to the limitations in Section 2.14(d) and in the case of Borrowings in connection with a Limited Condition Acquisition to the limitations in Section 1.02(i), the representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and 5.05(b) shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (aSection 6.01(a) and (b), respectively, of Section 6.01prior to such proposed Credit Extension.
(b) No Subject in the case of any Borrowing in connection with a New Loan Commitment to the limitations in Section 2.14(d) and in the case of Borrowings in connection with a Limited Condition Acquisition to the limitations in Section 1.02(i), no Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for a Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC), Credit Agreement (Ortho Clinical Diagnostics Holdings PLC)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the conversion of Loans from one Type to another or the continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date; provided, however, that any representation or warranty that is qualified as to “materiality”, “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit Extension.
(c) Since the Closing Date no event or events shall have occurred which could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect.
(d) The Administrative Agent and, if applicable, the applicable an L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Agent shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Atlantic Power Corp), Credit Agreement (Atlantic Power Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Credit Loan Notice requesting only the a conversion of Revolving Credit Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that for such materiality qualifier shall not be applicable to any representations and warranties that already are qualified have a materiality or modified by materiality Material Adverse Effect qualification, which shall be true and correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except for such representations and warranties that have a materiality or Material Adverse Effect qualification, which shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Credit Loan Notice requesting only a conversion of Revolving Credit Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (JP Energy Partners LP)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another another, or the a continuation of Eurodollar Rate Term SOFR Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that or, if qualified by materiality, Material Adverse Effect or similar language, in all respectsin the case of Section 5.19 in all respects, and, in each case, without duplication of any materiality qualifiers set forth in such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereofwarranties) on and as of the date of such the proposed Credit Extension, except to whereto the extent that such representations and warranties specifically refer expressly relate to an earlier date, or given period (in which case they such representations and warranties shall be have been true and correct in all material respects (or, if qualified by materiality, Material Adverse Effect or similar language, in all respects) as of such earlier datedateas of the respective date or for the respective period, as the case may be (or, in the case of Section 5.19 in all respects, and, in each case, without duplication of any materiality qualifiers set forth in such representations and warranties)) and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans from one Type to the other Type another, or a continuation of Eurodollar Rate Term SOFR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Empire State Realty Trust, Inc.), Credit Agreement (Empire State Realty OP, L.P.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any (other Loan Document, or which are contained in any document furnished by than the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, second sentence of Section 5.05) shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05 (except for the second sentence thereof) shall be deemed to refer to include the most recent statements furnished pursuant to clauses (a) and (b), respectively, ) of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (New York Times Co), Credit Agreement (New York Times Co)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Borrowing Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The Except in the case of the initial Credit Extension on the Closing Date and as otherwise set forth in Section 2.14, the representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or in any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct (or, in the case of representations and warranties not qualified as to materiality, true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereofrespects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer relate to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSection 6.01(a) and (b6.01(b), respectively, of Section 6.01.
(b) No Except in the case of the initial Credit Extension on the Closing Date and as otherwise set forth in Section 2.14, no Default shall exist or would result from the making of such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Borrowing Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall shall, except in the case of the initial Credit Extension on the Closing Date, be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b4.02(b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Targa Resources Corp.), Credit Agreement (Targa Resources Corp.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such without duplication of any materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereofcontained therein) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof; provided that no L/C Applications shall be required in connection with the Existing Letters of Credit becoming Letters of Credit issued hereunder. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Del Taco Restaurants, Inc.), Credit Agreement (Del Taco Restaurants, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01; provided that if any such Credit Extension is being requested solely for the purpose of repaying outstanding issuances of commercial paper by the Borrower or any Subsidiary, the Borrower shall not be deemed to be making, or be required to make, the representations and warranties set forth in Section 5.06 in connection with any such Credit Extension.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Committed Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrowers contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except for any representation and warranty that such materiality qualifier shall not be applicable to any representations and warranties that already are is qualified or modified by materiality or reference to Material Adverse Effect which such representation and warranty shall be true and correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.02 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the a Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 5.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 6.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.017.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) Agent shall have received, in form and substance satisfactory to it, such other assurances, certificates, documents or consents related to the foregoing as Agent or the Majority Lenders may reasonably require. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type Type, or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a5.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V (other than, in the case of a Commercial Paper Borrowing, Section 5.06), or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) such materiality qualifier shall be deemed to refer not apply to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.extent that any such representation or warranty is qualified by materiality
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable any L/C Issuer or the Swing Line Lender Lender, shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type Type, or a continuation of Eurodollar Rate Committed Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a), (b) and (bc) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Oneok Inc /New/), Credit Agreement (ONE Gas, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Loans) Loans and other than a Request for Credit Extension in connection with an Incremental Amendment, which shall be governed by Section 2.14(d)), other than on the Closing Date, is subject to the following conditions precedentprecedent in each case, subject to the provisions set forth herein in connection with Limited Condition Transactions:
(ai) The representations and warranties of the Borrower, the Parent Guarantor each Loan Party set forth in Article 5 and the in each other Loan Parties contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects as so qualified) on and as of the date of such Credit ExtensionExtension with the same effect as though made on and as of such date, except to the extent that such representations and warranties specifically refer expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(bii) No Default shall exist or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(ciii) The Administrative Agent and, if applicable, the applicable relevant L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type Type, or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Lead Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(i) and (bii) (or, in the case of a Request for Credit Extension in connection with an Incremental Amendment, the conditions specified in Section 2.14(d)) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Bumble Inc.), Credit Agreement (Bumble Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.02 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) (including on the Amendment and Restatement Effective Date) is subject to the satisfaction (or waiver) of the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than (x) on the Closing Date, (y) with respect to Incremental Loans being incurred in connection with a Limited Condition Acquisition, and (z) a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate LoansLoans (each, an “Excluded Request”)) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (aSection 6.01(a) and (b), respectively, of Section 6.01prior to such proposed Credit Extension.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loansan Excluded Request) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Chicagoland Television News, LLC), Credit Agreement (Tribune Media Co)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The Except as provided in the last paragraph of Section 2.13(b), the representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality or, in the text thereofcase of any representation or warranty qualified by “Material Adverse Effect” or “materiality”, true and correct in all respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or, in the case of any representation or warranty qualified by “Material Adverse Effect” or “materiality”, true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b) 5.05 and Section 5.06 shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (aSections 7.01(a) and (b), respectively, of Section 6.01.
(b) No Except as provided in the last paragraph of Section 2.13(b); no Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Vici Properties Inc.), Credit Agreement (Vici Properties Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension the Term Loan Notice on the Closing Date (other than a Term Loan Notice requesting only the a conversion of Term Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V (excluding the representations and warranties contained in Section 5.19, if the Borrowing is after the Closing Date) or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsection (a) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension Term Loan Notice in accordance with the requirements hereof. Each Request for Credit Extension Term Loan Notice (other than a Term Loan Notice requesting only a conversion of Term Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Term Loan Agreement (Panera Bread Co), Term Loan Agreement (Panera Bread Co)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other each Loan Parties Party contained in Article V 5 or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects as so qualified) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided, and except that for purposes of this Section 4.03(a) on the representations and warranties contained Closing Date only, the Borrower shall not be required to make the representation set forth in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b5.05(b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable relevant L/C Issuer or the Swing Line Lender Lenders shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(aSection 4.02(a) and 4.02(b) (band, if applicable, (c)) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Black Knight, Inc.), Credit and Guaranty Agreement (Black Knight, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a4.02, (i) the representation and warranty contained in subsection (c) of Section 5.12 shall be made only on the Closing Date, and (ii) the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.12 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Plum Creek Timber Co Inc), Credit Agreement (Plum Creek Timber Co Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Borrowing Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are or in all respects if qualified or modified by materiality in the text thereofor “Material Adverse Effect”) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or in all respects if qualified by materiality or “Material Adverse Effect”) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and 5.05(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b6.01(b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Borrowing Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b4.02(b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, (ii) any representation or warranty that is already by its terms qualified as to “materiality”, “Material Adverse Effect” or similar language shall be true and except correct in all respects as of such applicable date (including such earlier date set forth in the foregoing clause (i)) after giving effect to such qualification and (iii) that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Committed Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Paramount Group, Inc.), Credit Agreement (Paramount Group, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than (i) a Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate LoansLoans as the same Type or (ii) a Swing Line Loan Notice requesting only a conversion of Swing Line Loans to the other Type or continuation thereof as the same Type) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan DocumentV, or which are contained in any document Loan Document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier a different date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than (i) a Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate LoansLoans as the same Type or (ii) a Swing Line Loan Notice requesting only a conversion of Swing Line Loans to the other Type or continuation thereof as the same Type) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan DocumentV, or which are contained in any document Loan Document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier a different date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the applicable Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Enbridge Energy Partners Lp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Company and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such or, if the applicable representation and warranty is already subject to a materiality qualifier standard, shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer relate to an earlier date, in which case they shall be true and correct in all material respects (or, if the applicable representation and warranty is already subject to a materiality standard, shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b) 5.02 shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.04(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Company shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Buckeye Technologies Inc), Credit Agreement (Buckeye Technologies Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) ), including on the Closing Date, is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicableAgent, the applicable L/C Issuer or the Swing Line Lender Lender, as the case may be, shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Ashland Inc.), Credit Agreement (Ashland Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (including on the Closing Date, and other than a Committed Loan Notice requesting only the a conversion of Loans from one to the other Type to another or the a continuation of Eurodollar Eurocurrency Rate Loans) is subject to satisfaction of the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, date and except that for purposes of this Section 4.03(a(ii) any reference to the representations and warranties contained in Section 5.06(b) Historical Financial Statements shall be deemed to refer to the most recent statements financial statements, if any, furnished pursuant to clauses (a) and (bSection 6.01(c), respectively, of Section 6.01prior to such proposed Credit Extension.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender Issuer, shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for a Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived in accordance with Section 10.02) on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Kleopatra Holdings 2 S.C.A.), Credit Agreement (Orion Engineered Carbons S.A.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that (i) such representations and warranties specifically refer that relate solely to an earlier date, in which case they date shall be true and correct in all material respects as of such earlier date, (ii) such representations and except that warranties shall be true and correct in all respects to the extent they are qualified by a materiality standard and (iii) for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) The Borrowing Base exceeds the Total Outstandings at such time, after giving effect to such Credit Extension. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Sheridan Group Inc), Credit Agreement (Sheridan Group Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Loans) is subject to the following conditions precedent, which in the case of an Incremental Term Loan to be used to finance a Limited Condition Acquisition, shall be subject to Section 1.12:
(a) The representations and warranties of the Borrower, the Parent Guarantor each Borrower and the each other Loan Parties Party contained in Article V or and in any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension; provided that, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided, further, that, any representation and except warranty that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) true and (b), respectively, of Section 6.01correct in all respects on such respective dates.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable relevant L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Borrower Company shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, with respect to any representations representation or warranty qualified by concepts of materiality or Material Adverse Effect, shall be true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable an L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Committed Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.. 75911819_12
Appears in 2 contracts
Samples: Credit Agreement (Ross Stores Inc), Credit Agreement (Ross Stores Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date and other than a Committed Loan Notice requesting only the a conversion of Term Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Term SOFR Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) and Sections 5.05(b) and (c) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from from, such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Term Loans to the other Type or a continuation of Eurodollar Rate Term SOFR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: First Lien Credit Agreement (GMS Inc.), Amendment No. 6 (GMS Inc.)
Conditions to all Credit Extensions. The obligation of each Lender and each L/C Issuer to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one to the other Type to another or the a continuation of Eurodollar Eurocurrency Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that for such materiality qualifier shall not be applicable to any representations and warranties that already are qualified have a materiality or modified by materiality Material Adverse Effect qualification, which shall be true and correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except for such representations and warranties that have a materiality or Material Adverse Effect qualification, which shall be true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a such applicable Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Master Assignment, Assignment of Liens, and Amendment No. 1 to Amended and Restated Credit Agreement (USD Partners LP), Credit Agreement (USD Partners LP)
Conditions to all Credit Extensions. The obligation of each Lender and each L/C Issuer to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except that (i) if a qualifier relating to materiality, Material Adverse Effect or a similar concept applies, such representation or warranty shall be required to be true and correct in all respects, (ii) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and date (except that if a qualifier relating to materiality, Material Adverse Effect or a similar concept applies, such representation or warranty shall be required to be true and correct in all respects), (iii) for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01. and (iv) the representations and warranties contained in Section 5.05(c) and 5.06(a)(ii) do not need to be true and correct for any Borrowing.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) 4.02(a), and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (DPL Inc), Credit Agreement (DPL Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V 5 or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be have been true and correct in all material respects as of such earlier date, and except (ii) that for purposes of this Section 4.03(a) 4.02 on any date after the Closing Date, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b) and, in the case of that statements furnished pursuant to Section 6.01(b), respectivelythe representations contained in Section 5.05(a), as modified by clause (ii) of this Section 6.014.02(a), shall be qualified by the statement that such financial statements are subject to the absence of footnotes and year-end audit adjustments.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(aSection 4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Refco Inc.), Credit Agreement (Refco Information Services, LLC)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than pursuant to a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another or the continuation of Eurodollar Rate Loansother Type) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Company and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate LoansType) submitted by the Borrower Company shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of Revolving Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V (excluding Sections 5.05(d) and 5.06 with respect to each Credit Extension other than the initial Credit Extension) or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a), the first sentence of (b) and (c) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and through (bf), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Revolving Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender or the L/C Issuer, as the case may be, to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another Type, or the a continuation of Eurodollar Rate SOFR Loans) is subject to the satisfaction of the conditions in Section 4.1 and the following additional conditions precedent:
(a) The Each of the representations and warranties of the Borrower, Borrowers set forth in the Parent Guarantor and the other Loan Parties contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Documents shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality respects, in the text thereof) each case on and as of the such date as if made on and as of such Credit Extensiondate, except provided that to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided further that any representation and warranty that is qualified as to “materiality”, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) “Material Adverse Effect” or similar language shall be deemed true and correct (after giving effect to refer to the most recent statements furnished pursuant to clauses (aany qualification therein) and (b), respectively, of Section 6.01in all respects on such respective dates.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other another Type or a continuation of Eurodollar Rate SOFR Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the applicable conditions specified in Sections 4.03(a) and (b) Section 4.2 have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Loan Agreement (RCM Technologies, Inc.), Loan Agreement (RCM Technologies, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively; and provided that, of Section 6.01in each case, such materiality qualifiers shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Exopack Holding Corp), Credit Agreement (Exopack Holding Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than with respect to (a) the initial Credit Extension on the Closing Date and (b) a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, with respect to any representations and warranties that already are qualified or modified by materiality standards, in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or, with respect to representations and warranties modified by materiality standards, in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (ab) and (ba), respectively, of Section 6.016.09.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the a Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request request for a Credit Extension (other than a Loan Notice requesting only the conversion of Loans from one Type to another or the continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except to the extent that any such materiality qualifier representation and warranty is qualified as to “materiality,” “Material Adverse Effect” or similar language, in which case it shall not be applicable true and correct in all respects (after giving effect to any representations and warranties that already are qualified or modified by materiality in the text thereofsuch qualification)) on and as of the date of such Credit Extension; provided, except to the extent that if any such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except to the extent that any such representation and warranty is qualified as to “materiality,” “Material Adverse Effect” or similar language, in which case it shall be true and correct in all respects (after giving effect to any such qualification)) as of such earlier date; provided, and except that further, that, for purposes of this Section 4.03(a) 5.02, the representations and warranties contained in Section 5.06(b6.05(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (bSection 7.01(b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension Loan Notice in accordance with the requirements hereof.
(d) After giving effect to such proposed Credit Extension, the Total Outstandings do not exceed the Available Loan Amount. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) 5.02(a), (b), and (bd) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Term Loan Agreement (American Realty Capital Trust, Inc.), Term Loan Agreement (American Realty Capital Trust, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender and the L/C Issuer to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one to the other Type to another or the a continuation of Eurodollar Rate Loans) is subject to the satisfaction or waiver of the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other each Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that (i) such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, date and except that for purposes of this Section 4.03(a(ii) the such representations and warranties contained are qualified as to materiality, in Section 5.06(b) which case they shall be deemed to refer to the most recent statements furnished pursuant to clauses true and correct in all respects as of such date (a) and (bor such earlier date), respectively, of Section 6.01.
(b) No Default shall exist or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender Lender, shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Subject to Section 1.03(d), each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a5.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Caci International Inc /De/), Credit Agreement (Caci International Inc /De/)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of Revolving Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V (excluding Sections 5.05(d) and 5.06 with respect to each Credit Extension other than the initial Credit Extension) or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a), (b) and (c) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and through (bf), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Revolving Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Title Group, Inc.), Credit Agreement (Fidelity National Title Group, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than in connection with a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and 5.05(b) shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (aSection 6.01(a) and (b), respectively, of Section 6.01prior to such proposed Credit Extension.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. If the proceeds of any Revolving Facility Increase, Term Facility Increase or Incremental Term Loans are being used to finance a Permitted Acquisition, the conditions described in Sections 4.02(a) and 4.02(b) shall be limited to the extent set forth in Section 2.14(e), 2.15(e) or 2.16(d), respectively. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that that, subject to the proviso to the first paragraph of this Section 4.02, the conditions specified in Sections 4.03(a4.02(a) and (b4.02(b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Visteon Corp), Credit Agreement (Visteon Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one to the other Type to another or the a continuation of Eurodollar LIBOR Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrowers contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that except, if a qualifier relating to materiality, Material Adverse Effect or a similar concept applies, such materiality qualifier representation or warranty shall not be applicable required to any representations be true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in such respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.04(a) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectivelyas applicable, of Section 6.016.04.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar LIBOR Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Waste Connections, Inc.), Credit Agreement (Waste Connections, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) ), is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower certification or representation provided in writing to the Administrative Agent or the Lenders Collateral Agent by a Responsible Officer of a Loan Party under or in connection with this AgreementAgreement or any other Loan Document, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 5.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 6.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.017.01.
(b) No Default shall exist exist, or would result from from, such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(aSection 5.02(a), (b) and (bc) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) and Sections 5.05(b) and (c) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Michael Foods Inc/New), Credit Agreement (Michael Foods Inc/New)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that the extent already are qualified or modified by materiality in pursuant to the text terms thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except to the extent already qualified by materiality pursuant to the terms thereof) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.03, the representations and warranties contained in Section 5.06(bSections 5.05(a) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 2 contracts
Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)
Conditions to all Credit Extensions. The obligation of each Lender or the L/C Issuer, as the case may be, to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate SOFR Loans) is subject to the satisfaction of the conditions in Section 4.1 and the following additional conditions precedent:
(a) The Each of the representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties contained set forth in Article V or any other the Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Documents shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality respects, in the text thereof) each case on and as of the such date as if made on and as of such Credit Extensiondate, except provided that to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date; provided further that any representation and warranty that is qualified as to “materiality”, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) “Material Adverse Effect” or similar language shall be deemed true and correct (after giving effect to refer to the most recent statements furnished pursuant to clauses (aany qualification therein) and (b), respectively, of Section 6.01in all respects on such respective dates.
(b) No Default shall exist or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender Issuer, shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) In the case of a Borrowing under an Incremental Facility, each of the applicable requirements set forth in Section 2.11 shall have been satisfied. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate SOFR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the applicable conditions specified in Sections 4.03(a4.2(a) and and, if applicable, (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Ooma Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of Revolving Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a4.02, (i) the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.06 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, (ii) the representations and warranties contained in subsection (c) of Section 5.06 shall not be deemed to be made for purposes of this Section 4.02. and (iii) the representations and warranties contained in Section 5.07(a) shall not be deemed to be made for purposes of this Section 4.02 for any Credit Extension.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, applicable the applicable L/C Issuer or the Swing Line Lender Issuers, shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) The representations and warranties contained in Section 5.07(a) were true and correct on the Closing Date. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Revolving Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another Type or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier datedate or period, in which case they shall be true and correct in all material respects as of such earlier datedate or for such earlier period, as applicable, (ii) that any representation or warranty that is already by its terms qualified as to “materiality”, “Material Adverse Effect” or similar language shall be true and except correct in all respects as of such date (but subject to the foregoing clause (i)) after giving effect to such qualification and (iii) that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable an L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) The Minimum Lease Term Requirement shall be satisfied. Each Request for Credit Extension submitted by the Borrower (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other another Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a), (b) and (bd) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date, and other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) and Sections 5.05(b), (c) and (e) shall be deemed to refer to the most recent statements furnished pursuant to clauses Sections 6.01(a), (ab) and (bc), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Solgar)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension after the end of the Certain Funds Period (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate LoansLoans or a RMB Committed Loan Notice) is subject to the following conditions precedent:
(a) The Subject in the case of any Borrowing in connection with a New Loan Commitment to the provisions in Section 1.02(i), the representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Subject in the case of any Borrowing in connection with a New Loan Commitment to the provisions in Section 1.02(i), no Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Applicable Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for a Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate Loans) submitted by the Borrower Borrowers other than during the Certain Funds Period shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Atotech LTD)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of the Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent at any time hereunder or the Lenders under or in connection with this Agreementthereunder, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Credit Loan Notice requesting only the a conversion of Revolving Credit Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that any such materiality qualifier shall not be applicable to any representations and warranties that already are qualified by materiality, Material Adverse Effect or modified by materiality such other similar terms shall be true and correct in the text thereofall respects as expressed) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the applicable Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Credit Loan Notice requesting only a conversion of Revolving Credit Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Newpark shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar BSBY Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, with respect to any representations and warranties that already are qualified or modified by materiality materiality, in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or, with respect to representations and warranties qualified by materiality, in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar BSBY Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Term SOFR Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b) 5.04 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, ) of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Term SOFR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsection (a) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, ) of Section 6.016.01 and except that any representation and warranty qualified by “materiality”, “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Third Amendment and Restatement Agreement (Targa Resources Partners LP)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one to the other Type to another or the a continuation of Eurodollar Eurocurrency Rate Loans) and subject to the Permitted Acquisition Provisions and the Limited Condition Acquisition Proviso) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or in any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) the representations and warranties contained in Section 5.06(b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for a Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Eurocurrency Rate LoansLoans and subject to the Permitted Acquisition Provisions) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.. 83894470_5
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension Committed Loan Notice (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that any representation and warranty that is already qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects, subject to such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereofqualification) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that any representation and warranty that is already qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects, subject to such qualification) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension Committed Loan Notice in accordance with the requirements hereof. Each Request for Credit Extension Committed Loan Notice (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Borrowers shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date and other than a Committed Loan Notice requesting only the a conversion of Term Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate RateTerm SOFR Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) and Sections 5.05(b) and (c) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from from, such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Term Loans to the other Type or a continuation of Eurodollar Rate RateTerm SOFR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each the Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof. *** Confidential Treatment has been requested for portions of this Exhibit. Confidential portions of this Exhibit are designated by [****]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar BSBY Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained other than those set forth in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this AgreementSection 5.05(c) and Section 5.06, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar BSBY Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Revolving Loan Notice requesting only the a conversion of Revolving Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Term SOFR Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall (i) with respect to representations and warranties that contain a materiality qualification, be true and correct on and as of the date of such Credit Extension and (ii) with respect to representations and warranties that do not contain a materiality qualification, be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except except, in any case, to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in clauses (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Revolving Loan Notice requesting only a conversion of Revolving Loans to the other Type or a continuation of Eurodollar Rate Term SOFR Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than on the Closing Date and other than a Committed Loan Notice requesting only the a conversion of Term Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that and in all respects if any such materiality qualifier shall not be applicable to any representations and warranties that representation or warranty is already are qualified or modified by materiality in the text thereofmateriality) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.05(a) and Sections 5.05(b) and (c) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from from, such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Term Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, with respect to any representations representation or warranty qualified by concepts of materiality or Material Adverse Effect, shall be true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable an L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Committed Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Ross Stores, Inc.)
Conditions to all Credit Extensions. The obligation of each Lender and the L/C Issuer to honor any Request for Credit Extension (other than with respect to a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrowers and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, with respect to any representations and warranties that already are qualified or modified by materiality standards, in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or, with respect to representations and warranties modified by materiality standards, in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (ab) and (ba), respectively, of Section 6.016.09.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the a Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than (x) on the Closing Date, (y) with respect to Incremental Loans being incurred in connection with a Limited Condition AcquisitionTransaction, and (z) a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate LoansLoans (each, an “Excluded Request”)) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (aSection 6.01(a) and (b), respectively, of Section 6.01prior to such proposed Credit Extension.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds therefrom.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loansan Excluded Request) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Tribune Media Co)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V (other than the representation and warranty contained in Section 5.02 for all Borrowings other than the initial Credit Extension) or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Knight Ridder Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b5.04(a) shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection herewith or therewith, shall, except to the extent waived in accordance with this Agreementthe terms hereof, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, to any representations and warranties that the extent already are qualified or modified by materiality or Material Adverse Effect, in the text thereofall respects) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except (ii) that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.016.01 and (iii) for purposes of the representations and warranties set forth in Section 5.13, to the extent of changes resulting from transactions and other events contemplated or not prohibited by this Agreement or the other Loan Documents and changes occurring in the ordinary course of Borrower’s business.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Eurocurrency Rate Committed Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection herewith or therewith, shall, except to the extent waived in accordance with this Agreementthe terms hereof, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable or, to any representations and warranties that the extent already are qualified or modified by materiality or Material Adverse Effect, in the text thereofall respects) on and as of the date of such Credit Extension, except (i) to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except (ii) that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.016.01 and (iii) for purposes of the representations and warranties set forth in Section 5.13, to the extent of changes resulting from transactions and other events contemplated or not prohibited by this Agreement or the other Loan Documents and changes occurring in the ordinary course of Borrower’s business.
(b) No Default shall exist or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 5.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 6.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.017.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof.
(d) Agent shall have received, in form and substance satisfactory to it, such other assurances, certificates, documents or consents related to the foregoing as Agent or the Required Lenders may reasonably require. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type Type, or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a5.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender and the L/C Issuer to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article II, Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall (i) with respect to representations and warranties that contain a materiality qualification, be true and correct on and as of the date of such Credit Extension and (ii) with respect to representations and warranties that do not contain a materiality qualification, be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) : The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrowers contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, shall be true and correct in all material respects (except to the extent that such representation or warranty is qualified by reference to materiality qualifier or Material Adverse Effect, in which case it shall not be applicable to any representations true and warranties that already are qualified or modified by materiality correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01.
(b) 6.01 and except for changes in the Schedules to this Agreement reflecting transactions permitted by or not in violation of this Agreement. No Default shall exist exist, or would result from such proposed Credit Extension.
(c) Extension or from the application of the proceeds thereof. The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. If the applicable Borrower is a Designated Borrower, then the conditions of Section 2.14 to the designation of such Borrower as a Designated Borrower shall have been met to the satisfaction of the Administrative Agent. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower Company shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with of this Agreement, but excluding the representation and warranty as to no Material Adverse Effect contained in Section 5.11(b) of this Agreement shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsection (a) of Section 5.06(b) 5.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable relevant L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreement, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent of changes resulting from matters permitted under the Loan Documents or other changes in the ordinary course of business not having a Material Adverse Effect, and except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01.
(b) No Default (or, in the case of Committed Loans to be made in connection with any Unreimbursed Amount, no Event of Default) shall exist exist, or would result from such proposed Credit Extension.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than (x) a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans, (y) a Letter of Credit Application with respect to any amendment, modification, renewal or extension of a Letter of Credit that does not increase the stated amount of such Letter of Credit, or (z) a Loan Notice requesting the Term Borrowing on the Term Loan Funding Date, which shall be subject to the satisfaction of the conditions precedent set forth in Section 4.03) is subject to the following conditions precedent:
(ai) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan DocumentDocument shall be true and correct, in all material respects (unless already qualified by materiality or “Material Adverse Effect” in which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreementcase, they shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) respects), on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct, in all material respects (unless already qualified by materiality or “Material Adverse Effect”, in which case, they shall be true and correct in all respects), as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01and (ii) after giving effect to all requested Credit Extensions, the Total Revolving Outstandings shall not exceed the Aggregate Revolving Commitments.
(b) No Default shall exist exist, or would result result, from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender Lender, shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than (x) a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans, (y) a Letter of Credit Application with respect to any amendment, modification, renewal or extension of a Letter of Credit that does not increase the stated amount of such Letter of Credit or (z) a Loan Notice requesting the Term Borrowing on the Term Loan Funding Date, which shall be subject to the satisfaction of the conditions precedent set forth in Section 4.03) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Ansys Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar LIBOR Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, shall be true and correct in all material respects (except that or, in the case of any such materiality qualifier shall not be applicable to any representations representation and warranties that already are qualified or modified by materiality as to materiality, in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or, in the case of any such representation and warranties qualified as to materiality, in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar LIBOR Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Analogic Corp)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The Except as provided in the last paragraph of Section 2.13(b), the representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality or, in the text thereofcase of any representation or warranty qualified by “Material Adverse Effect” or “materiality”, true and correct in all respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (or, in the case of any representation or warranty qualified by “Material Adverse Effect” or “materiality”, true and correct in all respects) as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(b) 5.05 and Section 5.06 shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (aSections 7.01(a) and (b), respectively, of Section 6.01.
(b) No Except as provided in the last paragraph of Section 2.13(b), no Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Revolving Loan Notice or Term Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V VI or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that unless qualified as to materiality or Material Adverse Effect, in which case such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality shall be true and correct in the text thereofall respects) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 5.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 6.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.017.01.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Revolving Loan Notice or Term Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(aSection 5.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Conditions to all Credit Extensions. The obligation of each Lender and the L/C Issuer to honor any Request for a Credit Extension (other than a Loan Notice requesting only the conversion of Loans from one Type to another or the continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article II, Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall (i) with respect to representations and warranties that contain a materiality qualification, be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except Extension and (ii) with respect to the extent that such representations and warranties that do not contain a materiality qualification, be true and correct in all material respects as if made on and as of the date of such Credit Extension (other than any representations and warranties that specifically refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date), and except that for purposes of this Section 4.03(a4.02, and (x) the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01,.
(b) No Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Swingline Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. SV\1166258.1 Each Request for Credit Extension (other than a Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Calix, Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit ExtensionExtension in all material respects (or with respect to representations and warranties qualified by materiality, in all respects), except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier datedate in all material respects (or with respect to representations and warranties qualified by materiality, in all respects), and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (bb)(i), respectively, of Section 6.01.
(b) No Default or Event of Default shall exist exist, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, and the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Monitronics International Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(ai) The representations and warranties of the Borrower, the Parent Guarantor and the other Loan Parties Borrower contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders at any time under or in connection with this Agreementherewith or therewith, shall be true and correct correct, in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) respects, on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct correct, in all material respects, as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in subsections (a) and (b) of Section 5.06(b) 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (ii) after giving effect to all requested Credit Extensions, the Total Outstandings shall not exceed the Borrowing Base then in effect.
(b) No Default shall exist exist, or would result result, from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract
Samples: Credit Agreement (Cole Credit Property Trust II Inc)
Conditions to all Credit Extensions. The obligation of each Lender to honor any Request for Credit Extension (other than a Committed Loan Notice requesting only the a conversion of Committed Loans from one Type to another the other Type, or the a continuation of Eurodollar Rate Loans) is subject to the following conditions precedent:
(a) The representations and warranties of the Borrower, the Parent Guarantor Borrower and the each other Loan Parties Party contained in Article V or any other Loan Document, or which are contained in any document furnished by the Borrower to the Administrative Agent or the Lenders under or in connection with this Agreement, Document shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) on and as of the date of such Credit Extension, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that for purposes of this Section 4.03(a) 4.02, the representations and warranties contained in Section 5.06(bSections 5.05(a) and (b) shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and (b), respectively, of Section 6.01.
(b) No Default shall exist has occurred or is continuing, or would result from such proposed Credit ExtensionExtension or from the application of the proceeds thereof.
(c) The Administrative Agent and, if applicable, the applicable L/C Issuer or the Swing Line Lender shall have received a Request for Credit Extension in accordance with the requirements hereof. Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Committed Loans to the other Type or a continuation of Eurodollar Rate Loans) submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Sections 4.03(a4.02(a) and (b) have been satisfied on and as of the date of the applicable Credit Extension.
Appears in 1 contract