Conditions to Each Credit Event. On the date of each Credit Event (including the initial Credit Event), both immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements shall be true (and each request for a Credit Event, shall constitute a representation and warranty by each Borrower that on the date of such Credit Event, immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, such statements are true): (a) The representations and warranties contained in this Agreement and in each other Loan Document are true and correct in all material respects on and as of the date of such Credit Event as though made on and as of such date, except to the extent that such representations and warranties are expressly made as of a specific date (in which event such representations and warranties shall have been true and correct on and as of such specified date); (b) No event has occurred and is continuing, or would result from such Credit Event or the application of the proceeds thereof, which would constitute an Event of Default or Unmatured Event of Default; (c) In the case of the issuance of any Letter of Credit, none of the events set forth in Section 3.1 has occurred and is continuing or would result from the issuance of such Letter of Credit.
Appears in 5 contracts
Samples: Revolving Credit Agreement (TPC Group Inc.), Revolving Credit Agreement (Texas Petrochemicals Inc.), Revolving Credit Agreement (Texas Petrochemicals Inc.)
Conditions to Each Credit Event. On the date of each Credit Event ------------------------------- (including the initial Credit Event), both immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements shall be true to the satisfaction of the Agent (and each request for a Credit Event, shall constitute a representation and warranty by each Borrower that on the date of such Credit Event, immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, such statements are true):
(a) The representations and warranties contained in this Credit Agreement and in each other Loan Credit Document are true and correct in all material respects on and as of the date of such Credit Event as though made on and as of such date, except to the extent that such representations and warranties are expressly made as of a specific relate solely to an earlier date (in which event case such representations and warranties shall have been true and correct in all material respects on and as of such specified earlier date);
(b) No event has occurred and is continuing, or would could reasonably be expected to result from such Credit Event or the application of the proceeds thereof, which would constitute a Default or an Event of Default or Unmatured Event of Default;; and
(c) In the case of the issuance of any Letter of Credit, none of the events set forth in Section 3.1 has occurred and is continuing or would result from the issuance of such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Bway Corp)
Conditions to Each Credit Event. On the date of each Credit Event (including the initial Credit Event), both immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements shall be true to the satisfaction of the Agent (and each request for a Credit Event, shall constitute a representation and warranty by each Borrower that on the date of such Credit Event, immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, such statements are true):
(a) The representations and warranties contained in this Credit Agreement and in each other Loan Credit Document are true and correct in all material respects on and as of the date of such Credit Event as though made on and as of such date, except to the extent that such representations and warranties are expressly made as of a specific relate solely to an earlier date (in which event case such representations and warranties shall have been true and correct in all material respects on and as of such specified earlier date);
(b) No event has occurred and is continuing, or would could reasonably be expected to result from such Credit Event or the application of the proceeds thereof, which would constitute an Event of a Default or Unmatured an Event of Default;
(c) immediately after giving effect to the Credit Event, the Total Revolving Utilization would not exceed the lesser of (X) the aggregate of all Revolving Loan Commitments and (Y) subject to SECTION 2.2(B), the Borrowing Base; and
(d) In the case of the issuance of any Letter of Credit, none of the events set forth in Section SECTION 3.1 has occurred and is continuing or would result from the issuance of such Letter of Credit.
Appears in 1 contract
Conditions to Each Credit Event. On the date of each Credit Event (including the initial Credit Event), both immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements shall be true (and each request for a Credit Event, shall constitute a representation and warranty by each Borrower that on the date of such Credit Event, immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, such statements are true):
(a) The representations and warranties contained in this Credit Agreement and in each other Loan Credit Document are true and correct in all material respects on and as of the date of such Credit Event as though made on and as of such date, except to the extent that such representations and warranties are expressly made as of a specific date (in which event such representations and warranties shall have been true and correct in all material respects on and as of such specified date);
(b) No event has occurred and is continuing, or would result from such Credit Event or the application of the proceeds thereof, which would constitute an Event of a Default or Unmatured an Event of Default;
(c) In the case of the issuance of any Letter of Credit, none of the events set forth in Section SECTION 3.1 has occurred and is continuing or would result from the issuance of such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Wellman Inc)
Conditions to Each Credit Event. On the date of each Credit Event (including the initial Credit Event), both immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements shall be true (and each request for a Credit Event, shall constitute a representation and warranty by each Borrower that on the date of such Credit Event, immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, such statements are true):
(aA) The representations and warranties contained in this Credit Agreement and in each other Loan Credit Document are true and correct in all material respects on and as of the date of such Credit Event as though made on and as of such date, except to the extent that such representations and warranties are expressly made as of a specific date (in which event such representations and warranties shall have been true and correct in all material respects on and as of such specified date);
(bB) No event has occurred and is continuing, or would result from such Credit Event or the application of the proceeds thereof, which would constitute an Event of a Default or Unmatured an Event of Default;
(cC) In the case of the issuance of any Letter of Credit, none of the events set forth in Section SECTION 3.1 has occurred and is continuing or would result from the issuance of such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Wellman Inc)
Conditions to Each Credit Event. On the date of each Credit Event (including the initial Credit Event), both immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, the following statements shall be true to the satisfaction of Agent (and each request for a Credit Event, shall constitute a representation and warranty by each Borrower that on the date of such Credit Event, immediately before and immediately after giving effect thereto and to the application of the proceeds therefrom, such statements are true):
(aA) The representations and warranties contained in this Credit Agreement and in each other Loan Credit Document are true and correct in all material respects on and as of the date of such Credit Event as though made on and as of such date, except to the extent that such representations and warranties are expressly made as of a specific relate solely to an earlier date (in which event case such representations and warranties shall have been true and correct in all material respects on and as of such specified earlier date);
(bB) No event has occurred and is continuing, or would could reasonably be expected to result from such Credit Event or the application of the proceeds thereof, which would constitute a Default or an Event of Default or Unmatured Event of Default;; and
(cC) In the case of the issuance of any Letter of Credit, none of the events set forth in Section SECTION 3.1 has occurred and is continuing or would result from the issuance of such Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Weider Nutrition International Inc)