Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 9 contracts
Samples: Credit Agreement (Starbucks Corp), 364 Day Credit Agreement (Starbucks Corp), Credit Agreement (Starbucks Corp)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 6 contracts
Samples: Credit Agreement (MULTI COLOR Corp), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (iiy) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.04 shall be deemed to refer to the most recent statements furnished pursuant to clauses subsection (a) and (b), respectively, of Section 6.016.07, and (B) no Default exists. The Company will prepay any Committed Each Lender with an increased Commitment shall purchase (for cash at face value) participations in the Loans outstanding on and subparticipations in L/C Obligations and Swing Line Loans of the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) other Lenders, or make such other adjustments as shall be equitable, so that the Revolving Credit Exposure shall be shared by the Lenders ratably in accordance with their respective Core Currency Commitments after giving effect to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this SectionCore Currency Commitments.
Appears in 4 contracts
Samples: Credit Agreement (Tiffany & Co), Five Year Credit Agreement (Tiffany & Co), Assignment and Assumption (Tiffany & Co)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (ix) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (iiy) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.13, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable non-ratable increase in the Commitments under this Section.
Appears in 4 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 4 contracts
Samples: Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Parent, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 4 contracts
Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (ix) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (iiy) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 4 contracts
Samples: Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower Agent shall deliver to the Administrative Agent a certificate of each Obligor dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Senior Officer of the Company such Obligor (i) certifying and attaching the resolutions adopted by the Company such Obligor approving or consenting to such increase, increase and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V Section 9 and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.4, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.1.8 shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01the Agent under this Loan Agreement, and (B) no Default existsor Event of Default has occurred and is continuing. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Tranche A Revolver Loans ratable with any revised Applicable Percentages Pro Rata shares arising from any nonratable increase in the Tranche A Revolver Commitments under this SectionSection 2.4.
Appears in 4 contracts
Samples: Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc), Loan and Security Agreement (Bon Ton Stores Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrowers, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V (except for the representations and warranties in Section 5.05(c) and 5.09) and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc), Revolving Credit Agreement (Hasbro Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (iiy) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (except, 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) on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 3 contracts
Samples: Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group), Credit Agreement (California Water Service Group)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Loan Parties shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 3 contracts
Samples: Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.), Credit Agreement (Thermo Fisher Scientific Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent (for distribution to the Lenders) a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 3 contracts
Samples: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Hain Celestial Group Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower Agent shall deliver to the Administrative Agent a certificate dated as of the Revolver Commitments Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Senior Officer of the Company Borrower Agent (i) certifying and attaching the resolutions (or, if applicable, consent or ratification) adopted by the Company each Credit Party approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V IX and the other Loan Documents are true and correct on and as of the Revolver Commitments Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.1.7, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.1.7 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.0110.1.2, and (B) no Default or Event of Default exists. The Company will Borrowers shall prepay any Committed Revolver Loans outstanding on the Revolver Commitments Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Revolver Loans ratable with any revised Applicable Percentages Pro Rata shares arising from any nonratable increase in the Revolver Commitments under this Section.
Appears in 3 contracts
Samples: Loan and Security Agreement (Capella Healthcare, Inc.), Loan and Security Agreement (Lawton Surgery Investment Company, LLC), Loan and Security Agreement (NPMC Holdings, LLC)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 3 contracts
Samples: Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 3 contracts
Samples: Credit Agreement (Nutri System Inc /De/), Credit Agreement (Nutri System Inc /De/), Credit Agreement (Thermo Electron Corp)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer an authorized officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents 3 are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.18, the representations and warranties contained in subsections (aSections 3.6(a) and (b) of Section 5.05 will 3.8 in the Common Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses Section 5.6 (a) and (bor with respect to Section 3.8, the last day of the fiscal year covered in the most recent audited statement furnished pursuant to Section 5.6), respectively, of Section 6.01, and (B) no Default existsexists or would result from such increase. The Company will prepay any Committed Loans outstanding Borrower shall deliver to the Administrative Agent a Notice of Borrowing on the Increase Effective Date requesting the additional Advances (and pay any notwithstanding anything in Section 2.2 to the contrary, the Administrative Agent shall only notify the Lenders participating in such additional amounts required Advances of such request) and the Lenders participating therein shall provide such Advances pursuant to the procedures set forth in Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section2.2(a).
Appears in 3 contracts
Samples: Credit Agreement (Digicel Group LTD), Credit Agreement (Digicel Group LTD), Credit Agreement
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (iiy) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 3 contracts
Samples: Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Fresh Del Monte Produce Inc), Credit Agreement (Fresh Del Monte Produce Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Parent and Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of Parent and Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (aSection 6.05(b) and (b) of Section 5.05 will shall be deemed to refer to the most most-recent statements furnished pursuant to clauses (a) and (bSection 7.01(b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this SectionSection 2.14.
Appears in 3 contracts
Samples: Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such each increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in with sufficient copies for each Lender) signed by a Responsible an Executive Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct speak as of such earlier a specified date, and except that for purposes of this Section 2.152.11, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.3 shall be deemed to refer to the most recent statements furnished pursuant to clauses (aa)(i) and (bii), respectively, of Section 6.016.1, and (B) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.054.5) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, (i) the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (iiy) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.04 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, ) of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will each Borrower shall deliver to the Administrative Agent a certificate of such Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Borrower (i) certifying and attaching the resolutions adopted by the Company such Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.13, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Great American Financial Resources Inc), Credit Agreement (American Financial Group Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, increase and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (aSection 6.01(a) and (b) of Section 5.05 will shall be deemed to refer to the most recent audited and unaudited financial statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, 7.01 and (B) no Default existsexists or will result from such increase. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (American Vanguard Corp), Credit Agreement (American Vanguard Corp)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrowers and the Guarantors approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.02 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower Agent shall deliver to the Administrative Agent a certificate of each Obligor dated as of the Revolver Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Senior Officer of the Company such Obligor (ia) certifying and attaching the resolutions adopted by the Company such Obligor approving or consenting to such increase, and (iib) in the case of a Borrower, certifying that, before and after giving effect to such increase, (Ai) the representations and warranties contained in Article V Section 9 and the other Loan Documents are true and correct in all material respects on and as of the Revolver Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.3.5, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.1.8 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.0110.1.2, and (Bii) no Default exists. The Company will Borrowers shall prepay any Committed Revolver Loans outstanding on the Revolver Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Revolver Loans ratable with any revised Applicable Percentages change in the Pro Rata interests of Lenders arising from any nonratable increase in the Revolver Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Covenant Transportation Group Inc), Credit Agreement (Covenant Transportation Group Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.17, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Verisign Inc/Ca), Credit Agreement (Adobe Systems Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Obligated Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Obligated Party (i) certifying and attaching the resolutions adopted by the Company such Obligated Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V 3 and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.20, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 3.06 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.015.18, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.058.05(e)) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Verisk shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of Verisk, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Each applicable Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this SectionSection 2.14.
Appears in 2 contracts
Samples: Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (Verisk Analytics, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V IV and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.04(b), the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 4.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.015.06, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans Advances outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.052.12) to the extent necessary to keep the outstanding Committed Loans Advances ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Continental Resources Inc), Credit Agreement (Continental Resources Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.13, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable non-ratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (American Financial Group Inc), Credit Agreement (American Financial Group Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.02 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (aSection 5.11(a) and (b) of Section 5.05 will 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, and (B) no Default exists. The Company will shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Idex Corp /De/)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.5 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.016.1, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.5) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.23, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Sonic Automotive Inc), Credit Agreement (Sonic Automotive Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent (a) a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15§2.10, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will §6.4.2 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01§7.4, and (B) no Default exists, (b) a legal opinion from Borrower’s counsel in form and substance satisfactory to the Administrative Agent and (c) such other documentation as the Lenders or the Administrative Agent may reasonably request. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05§2.7) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Commitment percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Safety Insurance Group Inc), Revolving Credit Agreement (Safety Insurance Group Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.12 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (bc), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Plum Creek Timber Co Inc), Credit Agreement (Plum Creek Timber Co Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct correct, on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will If the Revolving Facility is increased, the Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Revolving Percentages arising from any nonratable increase in the Revolving Commitments under this Section.
Appears in 2 contracts
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrowers approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Seaboard Corp /De/), Credit Agreement (Seaboard Corp /De/)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 6.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.017.01, and (B) no Default or Event of Default exists. The Company will prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to To the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section, the Company shall prepay Revolving Loans outstanding on the Increase Effective Date and/or assignments shall be made among the Lenders, pursuant to arrangements satisfactory to the Administrative Agent, and the Company shall pay any additional amounts required pursuant to Section 4.05.
Appears in 2 contracts
Samples: Credit Agreement (Giant Industries Inc), Credit Agreement (Giant Industries Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increaseincrease to the extent required under such Loan Party’s Organization Documents, and (iiy) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are were true and correct as of such earlier date, and except that for purposes of this Section 2.152.11, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will prepay any Committed Loans outstanding on To the Increase Effective Date (extent that the increase of the Commitments shall take the form of a new term loan tranche, this Agreement shall be amended, in form and pay any additional amounts required pursuant to Section 3.05) substance satisfactory to the extent necessary Administrative Agent and the Borrower, in order to keep reflect such term loan tranche and such other changes as Administrative Agent (with the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Sectionconsent of Borrower) may reasonably deem necessary.
Appears in 2 contracts
Samples: Term Loan Agreement (Industrial Income Trust Inc.), Term Loan Agreement (Industrial Income Trust Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.13, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Title Group, Inc.), Credit Agreement (Fidelity National Title Group, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in with sufficient copies for each Lender) signed by a Responsible an Executive Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct speak as of such earlier a specified date, and except that for purposes of this Section 2.152.11, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.3 shall be deemed to refer to the most recent statements furnished pursuant to clauses (aa)(i) and (bii), respectively, of Section 6.016.1, and (B) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.054.5) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15Section, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable non-ratable increase in the Revolving Commitments under this SectionSection and shall provide a Note to any new Revolving Lender joining in the Increase Effective Date, if requested.
Appears in 2 contracts
Samples: Credit Agreement (Hcp, Inc.), Credit Agreement (Health Care Property Investors Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, (i) the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party (or its applicable governing body or entity) approving or consenting to such increase, and (iiy) in the case of the Borrower, certifying that, immediately before and immediately after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default existsexists and (C) the Borrower is in pro forma compliance as of the most recently ended fiscal quarter with all financial covenants set forth in Section 7.01 after giving effect to any Loans made on the date of such increase. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts to the extent required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Five Point Holdings, LLC), Credit Agreement (Five Point Holdings, LLC)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (ix) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (iiy) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (International Game Technology), Credit Agreement (International Game Technology)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Revolving Credit Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V III and the other Loan Documents are true and correct on and as of the Revolving Credit Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.4, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 3.4 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.015.1, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Revolving Credit Increase Effective Date (and pay any additional amounts required pursuant to Section 3.052.15) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages Percentage of Revolving Credit Commitments arising from any nonratable increase in the Revolving Credit Commitments under this Section.
Appears in 2 contracts
Samples: Credit Agreement (Harris Interactive Inc), Credit Agreement (Harris Interactive Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Western Refining, Inc.), Revolving Credit Agreement (Western Refining, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer Secretary or Assistant Secretary of the Company (i) such Loan Party certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) a certificate of a Responsible Officer certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections clauses (a), (b) and (bc) of Section 5.05 will 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.016.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans and Overadvance Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.05) to the extent necessary to keep the outstanding Committed Loans and Overadvance Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Western Refining, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Revolving Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct correct, on and as of the Revolving Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall either prepay any Committed Revolving Loans outstanding on the Revolving Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Revolving Percentages arising from any nonratable increase in the Revolving Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Solarcity Corp)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (iiy) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Closing Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrowers approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Closing Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.13 shall be deemed to refer to the most recent statements furnished pursuant to clauses (ab) and (bc), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Closing Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall deliver to the Administrative Agent a certificate of each Obligor dated as of the Revolver Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Senior Officer of the Company such Obligor (ia) certifying and attaching the resolutions adopted by the Company such Obligor approving or consenting to such increase, and (iib) in the case of a Borrower, certifying that, before and after giving effect to such increase, (Ai) the representations and warranties contained in Article V Section 9 and the other Loan Documents are true and correct in all material respects on and as of the Revolver Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.4.5, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.18 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.0110.1.2, and (Bii) no Default exists. The Company will Borrowers shall prepay any Committed Revolver Loans outstanding on the Revolver Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Revolver Loans ratable with any revised Applicable Percentages change in the Pro Rata interests of the Lenders arising from any nonratable increase in the Revolver Commitments under this Section.
Appears in 1 contract
Samples: Loan and Security Agreement (Boise Cascade Holdings, L.L.C.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer Secretary or Assistant Secretary of the Company (i) such Loan Party certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) a certificate of a Responsible Officer certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections clauses (a), (b) and (bc) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans and Overadvance Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans and Overadvance Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Western Refining, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company each Loan Party (i) certifying and attaching the resolutions adopted by the Company Loan Parties approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no 38 AMERICAS/2024050510.8 Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Darden Restaurants Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Kyphon Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrowers (i) certifying and attaching the resolutions adopted by the Company Borrowers approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V 5 and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default or Event of Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Toro shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Toro Co)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of the Company dated as of the Increase Effective Date (in sufficient copies for each Domestic Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VII and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.10, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 7.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.018.01, and (B) no Default exists. The Company will shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.055.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Domestic Applicable Percentages arising from any nonratable increase in the Aggregate Domestic Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Clear Channel Communications Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent Administrator a certificate of each Obligor dated as of the Increase Effective Date (in sufficient copies for each LenderBank) signed by a Responsible Officer of the Company such Obligor (i) certifying and attaching the resolutions adopted by the Company such Obligor approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V II and the other Loan Credit Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.151.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 2.6 shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSection 4.1(a) and (bSection 4.1(b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.051.17) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Commitment Percentages arising from any nonratable increase in the Commitments under this Section. Such payment may be made with the proceeds of a new or replacement Base Rate Loan or Eurocurrency Rate Loan, to the extent then applicable.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts Table of Contents required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrowers, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Western Refining, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier datedate (unless such representations and warranties are qualified as to “materiality” or “Material Adverse Effect”, in which case, they are true and correct in all respects), and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (McGrath Rentcorp)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (aSection 5.11(a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (aSections 6.01(a) and 6.01(b); provided that any representation and warranty qualified by materiality, Material Adverse Effect or similar language shall be true and correct (b)after giving effect to any qualification therein) in all respects, respectively, of Section 6.01, and (B) the Company is in pro forma compliance with the financial covenants contained in Section 7.15 and (C) no Default or Event of Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Idex Corp /De/)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent (x) a certificate of each Restricted Person dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Restricted Person (i) certifying and attaching the resolutions adopted by the Company such Restricted Person approving or consenting to such increase, and (ii) in the case of Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects (without duplication of any materiality qualifiers contained therein) on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default existsexists and (y) such other documentation, including legal opinions, as the Administrative Agent may reasonably request relating to such increase. The Company will (1) Borrower shall borrow additional Loans from the Lenders whose Commitments have been increased and/or prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.4) or (2) Lenders, Borrower and the Administrative Agent shall have entered into an assignment and assumption agreement to the extent necessary necessary, in either case, to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of the Company dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents VI are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 6.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.017.1, and (B) no Default exists. The If the Commitments are being increased on a nonratable basis, the Company will prepay any Committed shall make such nonratable borrowings and such prepayments of Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.054.4) on the Increase Effective Date, to the extent necessary so that after giving effect to keep such borrowings and prepayments, the Loans outstanding Committed Loans ratable are held by the Lenders ratably in accordance with any the revised Applicable Percentages Pro Rata Shares arising from any the nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall deliver to the Administrative Agent a certificate of each Obligor dated as of the Revolver Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Senior Officer of the Company such Obligor (ia) certifying and attaching the resolutions adopted by the Company such Obligor approving or consenting to such increase, and (iib) in the case of a Borrower, certifying that, before and after giving effect to such increase, (Ai) the representations and warranties contained in Article V Section 9 and the other Loan Documents are true and correct in all material respects on and as of the Revolver Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.4.5, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.1.8 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.0110.1.2, and (Bii) no Default exists. The Company will Borrowers shall prepay any Committed Revolver Loans outstanding on the Revolver Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Revolver Loans ratable with any revised Applicable Percentages change in the Pro Rata interests of the Lenders arising from any nonratable increase in the Revolver Commitments under this Section.
Appears in 1 contract
Samples: Loan and Security Agreement (Boise Cascade Holdings, L.L.C.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Tetra Tech Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrowers shall (i) pay to the Agent for the account of each Lender in accordance with its Percentage Interest, an increase fee in an amount determined by the Agent following delivery by the Borrowers of the increase request, and (ii) deliver to the Administrative Agent such fully executed agreements, documents and instruments as may be reasonably requested by the Agent in connection with such increase, together with a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company an Authorized Representative, (iA) certifying and attaching the resolutions adopted by the Company each Borrower approving or consenting to such increase, and (iiB) certifying that, before and after giving effect to such increase, (AI) the representations and warranties contained in Article V and 10, or otherwise made by or on behalf of any Obligor in the other Loan Documents Credit Documents, are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (BII) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05hereunder) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Percentage Interests arising from any nonratable non-ratable increase in the Commitments under this SectionSection 2.7.
Appears in 1 contract
Samples: Revolving Credit Agreement (Ch2m Hill Companies LTD)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer Secretary or Assistant Secretary of the Company (i) such Loan Party certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) a certificate of a Responsible Officer certifying that, before and after giving effect to such increase, (Ai) the representations and warranties contained in Article Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (aclauses (a) and (b(b) of Section 5.05 will 5.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a(a), (b) and (b(c), respectively, of Section 6.016.01, and (Bii) no Default exists. The Company will Borrower shall prepay any Committed Loans and Overadvance Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.05) to the extent necessary to keep the outstanding Committed Loans and Overadvance Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Western Refining, Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Darden Restaurants Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent (a) a certificate of the Borrower and Guarantor dated as of the Increase Effective Date (in sufficient copies for each Lender) signed duly executed by a Responsible an Authorized Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) Borrower certifying that, immediately before and immediately after giving effect to such increase, (Ai) the representations and warranties of the Borrower and Guarantors contained in Article V this Agreement and the other Loan Credit Documents to which they are parties are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, (ii) no Default or Event of Default has occurred and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01is continuing, and (Biii) no Default exists. The Company will prepay any Committed Loans outstanding all Financial Covenants would be satisfied on a pro forma basis on the Increase Effective Date and for the most recent determination period after giving effect to such increase in Term Loan Commitments, and (b) such additional Credit Documents as may be reasonably required by the Administrative Agent to evidence and pay any additional amounts required pursuant secure the increase in Term Loan Commitments, including but not limited to Section 3.05) promissory notes or replacement promissory notes (in each case to the extent necessary requested by any Lender) and Mortgages and amendments to keep existing Mortgages (and title policies or endorsements to existing title policies increasing the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Sectionamounts thereof).
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 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, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.054.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Percentages Pro Rata Revolving Shares arising from any nonratable increase in the Revolving Credit Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (aSection 5.11(a) and (b) of Section 5.05 will 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, and (B) the Company is in pro forma compliance with the financial covenants contained in Section 7.15 and (C) no Default or Event of Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (ix) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (iiy) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses subsections (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Pall Corp)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company approving or consenting to Borrower authorizing such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, ) of Section 6.01, and (B) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (New York Times Co)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower Agent shall deliver to the Administrative Agent a certificate of each Obligor dated as of the Revolver Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Senior Officer of the Company such Obligor (ia) certifying and attaching the resolutions adopted by the Company such Obligor approving or consenting to such increase, and (iib) in the case of a Borrower, certifying that, before and after giving effect to such increase, (Ai) the representations and warranties contained in Article V Section 9 and the other Loan Documents are true and correct in all material respects on and as of the Revolver Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.3.5, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.1.8 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a), (b) and (bc), respectively, of Section 6.0110.1.2, and (Bii) no Default or Event of Default exists. The Company will Borrowers shall prepay any Committed Revolver Loans outstanding on the Revolver Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Revolver Loans ratable with any revised Applicable Percentages change in the Pro Rata interests of Lenders arising from any nonratable increase in the Revolver Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower Representative shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower Representative (i) certifying and attaching the resolutions adopted by the Company each Borrower approving or consenting to such increaseincrease (if necessary), and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V Section 9 and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.2, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 9.1.8 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, ) of Section 6.0110.1.2, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.9) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Pro Rata share arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies with a copy for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.12, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Aggregate Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Revolving Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct correct, on and as of the Revolving Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Revolving Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Revolving Percentages arising from any nonratable increase in the Revolving Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Ixia)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will deliver BorrowerCompany shall deliver, on behalf of the Borrowers, to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company theeach Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 5.11 shall be deemed to refer to the most recent statements furnished pursuant to clauses clause (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will BorrowerBorrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such each increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in with sufficient copies for each Lender) signed by a Responsible an Executive Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V IV and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct speak as of such earlier a specified date, and except that for purposes of this Section 2.152.11, the representations and warranties contained in subsections subsection (a) and (b) of Section 5.05 will 4.3 shall be deemed to refer to the most recent statements furnished pursuant to clauses (aa)(i) and (bii), respectively, of Section 6.015.1, and (B) no Default or Event of Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.053.5) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.09 shall be deemed to refer to the most recent statements Financial Statements furnished pursuant to clauses (a) and (b), respectivelyas applicable, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower and each Guarantor dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Person (i) certifying and attaching the resolutions adopted by the Company such Person approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V IV and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.03(c), the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 4.05 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.015.06, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans Advances outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.052.09) to the extent necessary to keep the outstanding Committed Loans Advances ratable with any revised Applicable Percentages Pro Rata Shares arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower and each Guarantor dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible an Authorized Officer of the Company each such Person (i) certifying and attaching the resolutions adopted by the Company such Person approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V Paragraph 8 and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15Paragraph 5(h), the representations and warranties contained in subsections (a) and (b) of Section 5.05 will Paragraph 8 shall be deemed to refer to the most recent statements furnished pursuant to clauses subparagraphs (a1) and (b2) of Paragraph 9(a), respectively, of Section 6.01, and (B) no Event of Default or Potential Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05Paragraph 4(c)) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages Percentage Shares arising from any nonratable increase in the Commitments under this SectionParagraph 5(h).
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition conditions precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent (i) a certificate of the Borrower dated as of the Term Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increaseBorrower, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V IV and the other Loan Credit Documents are true and correct in all material respects on and as of the Term Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.152.21, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 4.7 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.015.2, and (B) no Default existsexists and (ii) modification/downdate endorsements to the title insurance policies applicable to the Term Mortgages in form and substance reasonably satisfactory to the Term Administrative Agent. The Company will prepay additional Term Loans shall be made by the Term Lenders participating therein (including any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required Eligible Assignees that become Term Lenders as provided in Section 2.21(c) above) pursuant to the procedures set forth in Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section2.2.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.12 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Revolving Credit Agreement (Plum Creek Timber Co Inc)
Conditions to Effectiveness of Increase. As a condition conditions precedent to such increase, (i) the Company will Borrower shall deliver to the Administrative Agent a certificate of the Borrower dated as of the Increase Effective Date (in sufficient copies for each Lender) effective date of such increase signed by a Responsible Financial Officer of the Company Borrower (ix) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increase, and (iiy) certifying that, before and after giving effect to such increase, : (A) the representations and warranties contained in Article V III and the other Loan Documents are true and correct on and as of the Increase Effective Dateeffective date of such increase, except to the extent that such representations and warranties specifically refer related to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, ; and (B) no Default exists; and (ii) the Required Lenders shall have consented (such consent not to be unreasonably withheld, conditioned or delayed) to such increase (including the amount thereof and the Persons increasing such Commitments). The Company Borrower will prepay repay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) effective date of such increase to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Commitment Percentages arising from any nonratable increase in the Commitments Commitment under this SectionSection 2.22.
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Samples: Blocked Account Control Agreement (Community Choice Financial Inc.)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.16, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages (US) arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Grant Prideco Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company Company, if the Administrative Agent reasonably deems such resolutions necessary, approving or consenting to such increase, and (ii) certifying that, Xxxxxx Pharmaceuticals Credit Agreement 57 before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct in all material respects on and as of the Increase Effective Date, except to the extent that such representations and warranties are already qualified by materiality, in which case such representations and warranties shall be true and correct in all respects, and except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
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Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent (for distribution to the Lenders) a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) 67 in the case of the Company, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
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Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company (i) certifying and attaching the resolutions adopted by the Company approving or consenting to such increase, and (ii) certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (aSection 5.11(a) and (b) of Section 5.05 will 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, and (B) no Default exists. The Company will Borrowers shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Samples: Credit Agreement (Idex Corp /De/)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V VI and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 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, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company Borrower (i) certifying and attaching the resolutions adopted by the Company Borrower approving or consenting to such increaseincrease (which such resolutions may be certified in, and attached to, the certificate certifying to resolutions of the Borrower delivered on or prior to the Closing Date pursuant to Section 4.01(a)(iii)), and (ii) certifying that, before and after giving effect to such increase, (A) no Default exists, and (B) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.14, the representations and warranties (x) contained in subsections (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent financial statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, 6.01 and (By) no Default exists. The Company will prepay any Committed Loans outstanding on contained in subsection (c) of Section 5.05 shall be deemed to refer to the Increase Effective Date (and pay any additional amounts required most recent financial statements furnished pursuant to clause (a) or clause (b) of Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section.6.01
Appears in 1 contract
Samples: Credit Agreement (Temple Inland Inc)
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct on and as of the Increase Extension Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will 5.13 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Loans ratable with any revised Applicable Percentages arising from any nonratable increase in the Commitments under this Section. The Borrower shall pay any applicable fee related to each such increase (including, without limitation, any applicable arrangement, upfront and/or increase in the administrative fee).
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Revolving Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company such Loan Party (i) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (ii) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) the representations and warranties contained in Article V and the other Loan Documents are true and correct correct, on and as of the Revolving Increase Effective Date, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they are true and correct as of such earlier date, and except that for purposes of this Section 2.152.19, the representations and warranties contained in subsections clauses (a) and (b) of Section 5.05 will shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) both before and after giving effect to the Incremental Facility, no Default exists. The Company will Borrower shall deliver or cause to be delivered any other customary documents (including, without limitation, legal opinions) as reasonably requested by the Administrative Agent in connection with any Incremental Facility. The Borrower shall prepay any Committed Revolving Loans outstanding on the Revolving Increase Effective Date (and pay any additional amounts 168881580v11 200207.000113 required pursuant to Section 3.05) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Revolving Percentages arising from any nonratable non-ratable increase in the Revolving Commitments under this SectionSection 2.19.
Appears in 1 contract
Conditions to Effectiveness of Increase. As a condition precedent to such increase, the Company will Borrower shall deliver to the Administrative Agent a certificate of each Loan Party dated as of the Increase Effective Date (in sufficient copies for each Lender) signed by a Responsible Officer of the Company each such Loan Party (ix) certifying and attaching the resolutions adopted by the Company such Loan Party approving or consenting to such increase, and (iiy) in the case of the Borrower, certifying that, before and after giving effect to such increase, (A) each of the representations and warranties contained made by each Loan Party in Article V or pursuant to any Loan Document (i) that is qualified by materiality shall be true and the other Loan Documents are correct, and (ii) that is not qualified by materiality, shall be true and correct in all material respects, in each case, on and as of the Increase Effective Datesuch date as if made on and as of such date, except to the extent that any such representations representation and warranties specifically refer warranty expressly relates to an earlier date, in which case they are such representation and warranty shall have been true and correct in all material respects as of such earlier date, and except that for purposes of this Section 2.15, the representations and warranties contained in subsections (a) and (b) of Section 5.05 will be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 6.01, and (B) no Default exists. The Company will Borrower shall prepay any Committed Revolving Loans outstanding on the Increase Effective Date (and pay any additional amounts required pursuant to Section 3.052.17) to the extent necessary to keep the outstanding Committed Revolving Loans ratable with any revised Applicable Revolving Percentages arising resulting from any nonratable non-ratable increase in the Revolving Commitments under undertaken pursuant to this Section.
Appears in 1 contract
Samples: Credit Agreement (Fusion-Io, Inc.)
