Common use of Continuation of Representations and Warranties Clause in Contracts

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 25 contracts

Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp), Credit Agreement (Nuveen Investments Inc)

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Continuation of Representations and Warranties. The representations and warranties contained in Article V VII shall be true and correct on and as of such Borrowing Date borrowing or issuance date with the same effect as if made on and as of such Borrowing Date (date; except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in which case they representation and warranty shall be remain true and correct as of such earlier date); and.

Appears in 23 contracts

Samples: Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V VI shall be true and correct on and as of such Borrowing Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 12 contracts

Samples: Credit Agreement, Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/ Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 10 contracts

Samples: Credit Agreement (Enstar Income Program Iv-2 Lp), Credit Agreement (Enstar Income Growth Program Six a L P), Credit Agreement (Enstar Income Growth Program Five-a Lp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 7 contracts

Samples: Assignment and Acceptance Agreement (Dreyers Grand Ice Cream Inc), Credit Agreement (Mail Well Inc), Multicurrency Credit Agreement (Alberto Culver Co)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date (date, except to the extent that such representations and warranties expressly refer relate solely to an earlier date, in which case they such representations and warranties shall be have been true and correct on and as of such earlier date); and.

Appears in 4 contracts

Samples: Credit Agreement (Ahl Services Inc), Credit Agreement (Ahl Services Inc), Credit Agreement (Ahl Services Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 4 contracts

Samples: Credit Agreement (Telvent Git S A), Credit Agreement (Weatherford Enterra Inc), Credit Agreement (Qad Inc)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct in all material respects on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date (date except to the extent any of which speak as of a specific date, in which event such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects on and as of such earlier specific date); and.

Appears in 3 contracts

Samples: Credit Agreement (Scientific Games Holdings Corp), Day Credit Agreement (Scientific Games Holdings Corp), Credit Agreement (Scientific Games Holdings Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 3 contracts

Samples: Credit Agreement (Foundation Health Systems Inc), Credit Agreement (Pilgrim America Prime Rate Trust), Credit Agreement (Ing Prime Rate Trust)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 3 contracts

Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Truck Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 2 contracts

Samples: Credit Agreement (Berkley W R Corp), Assignment and Acceptance Agreement (Compaq Computer Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 2 contracts

Samples: Credit Agreement (Western Multiplex Corp), Term Revolving Credit Agreement (Ferrellgas Partners Finance Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier datedate and in the case of Section 5.16, as otherwise permitted hereunder); and

Appears in 2 contracts

Samples: Credit Agreement (Phoenix Companies Inc/De), Credit Agreement (Phoenix Companies Inc/De)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date, Issuance Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 2 contracts

Samples: Credit Agreement (Tower Automotive Inc), Credit Agreement (Trylon Corp/Mi/)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Issuance Date with the same effect as if made on and as of such Borrowing Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and.

Appears in 2 contracts

Samples: Agreement (Digital Microwave Corp /De/), Letter of Credit Agreement (Delphi International LTD)

Continuation of Representations and Warranties. The representations and warranties in Article V V, including, without limitation, Section 5.08, shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 2 contracts

Samples: Credit Agreement (St Jude Medical Inc), Day Credit Agreement (St Jude Medical Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date or Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 2 contracts

Samples: Credit Agreement (Katy Industries Inc), Credit Agreement (Vlsi Technology Inc)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing, continuation, conversion, issuance or extension date with the same effect as if made on and as of such Borrowing Date (date, except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in which case they representation and warranty shall be remain true and correct as of such earlier date); and.

Appears in 2 contracts

Samples: Credit Agreement (Bok Financial Corp Et Al), Assignment and Assumption (Bok Financial Corp Et Al)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date)or Conversion/Continuation Date; and

Appears in 2 contracts

Samples: Credit Agreement (Storage Technology Corp), Credit Agreement (Storage Technology Corp)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date (date; except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in which case they representation and warranty shall be remain true and correct as of such earlier date); and.

Appears in 2 contracts

Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 2 contracts

Samples: Bridge Loan Agreement (Innoveda Inc), Bridge Loan Agreement (Mentor Graphics Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/ Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 2 contracts

Samples: Credit Agreement (Longview Fibre Co), Credit Agreement (Trendwest Resorts Inc)

Continuation of Representations and Warranties. The representations ---------------------------------------------- and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 2 contracts

Samples: Revolving Credit Agreement (Compaq Computer Corp), Revolving Credit Agreement (Compaq Computer Corp)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct in all material respects on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date (date except to the extent that such representations and warranties expressly refer relate to an earlier date, date (in which case they 35 42 such representations and warranties shall be have been true and correct in all material respects on and as of such earlier date); and.

Appears in 2 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc)

Continuation of Representations and Warranties. The representations and warranties made by the Borrower contained in Article V shall be true and correct on and as of the date of such Borrowing Date Borrowing, with the same effect as if made on and as of the date of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 2 contracts

Samples: Credit Agreement (Dimon Inc), Credit Agreement (Dimon Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V (other than Section 5.5) shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 2 contracts

Samples: Year Credit Agreement (Mgic Investment Corp), Bridge Credit Agreement (Mgic Investment Corp)

Continuation of Representations and Warranties. The representations and warranties made by the Company contained in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Kmart Corp), Assignment and Assumption Agreement (Kmart Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and.

Appears in 2 contracts

Samples: Credit Agreement (Cotter & Co), Credit Agreement (Cd Radio Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date, Conversion/Continuation Date, or Issuance Date with the same effect as if made on and as of such Borrowing Date, Conversion/Continuation Date, or Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 2 contracts

Samples: Credit Agreement (Maxxam Group Holdings Inc), Credit Agreement (Maxxam Group Holdings Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date Date, Conversion/Continuation Date, or Standby Letter of Credit issuance or amendment date with the same effect as if made on and as of such Borrowing Date Date, Conversion/Continuation Date, or Standby Letter of Credit issuance or amendment date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Pacific Lumber Co /De/)

Continuation of Representations and Warranties. The representations and warranties in Article V (exclusive of Section 5.13) shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); andDate;

Appears in 1 contract

Samples: Credit Agreement (Louisiana Pacific Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties -36- 42 expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Multicurrency Credit Agreement (C P Clare Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (HCR Manor Care Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Pma Capital Corp)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date date (except to the extent where such representations and warranties expressly refer to representation or warranty is specifically made as of an earlier date, date in which case they it shall be remain true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Continuation of Representations and Warranties. The representations and warranties made by the Credit Parties and contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date date (except to the extent such other than those representations and warranties expressly refer to an earlier that by their terms speak as of a particular date, in which case they representations and warranties shall be true and correct as of such earlier particular date); and.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Career Education Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier dateearlierdate); and

Appears in 1 contract

Samples: Credit Agreement (Mgic Investment Corp)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article V shall be true and correct on and as --------- of such Borrowing Date or Conversion/ Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Montgomery Ward Holding Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date, Issuance Date, or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date, Issuance Date, or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Us Home & Garden Inc)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date date (except to the extent such representations and warranties are expressly refer to an earlier made as of a specified date, in which case they event such representations and warranties shall be true and correct in all material respects as of such earlier specified date); and.

Appears in 1 contract

Samples: Credit Agreement (Penske Motorsports Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V (with the exceptions of Section 5.06 and the first sentence of Section 5.08) shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as in all material respects of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Nuveen Investments Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Facility Conversion Date with the same effect as if made on and as of such Borrowing Date (except or Facility Conversion Date(except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier datedate and in the case of Section 5.16, as otherwise permitted hereunder); and

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Bridge Loan Agreement (Mentor Graphics Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such the Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 1 contract

Samples: Subordinated Credit Agreement (Zimmerman Sign Co)

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Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing or issuance date with the same effect as if made on and as of such Borrowing Date (date; except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in which case they representation and warranty shall be have been true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Horizon Personal Communications Inc)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing or issuance date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date date (except to the extent where such representations and warranties expressly refer to representation or warranty is specifically made as of an earlier date, date in which case they it shall be remain true and correct as of such earlier date); and, provided, that the Borrower may qualify any representation and -------- warranty made in connection with any Notice of Borrowing given pursuant to Section 2.7(b).

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date date (except to the extent where such representations and warranties expressly refer to representation or warranty is specifically made as of an earlier date, date in which case they it shall be remain true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); andand(c)

Appears in 1 contract

Samples: Revolving Credit Agreement (Compaq Computer Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall -29- 36 be true and correct as of such earlier datedate and in the case of Section 5.16, as otherwise permitted hereunder); and

Appears in 1 contract

Samples: Credit Agreement (Phoenix Companies Inc/De)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); andDate;

Appears in 1 contract

Samples: Credit Agreement (Med E America Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V (other than those contained in Section 5.5) shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Zenith National Insurance Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Issuance Date with the same effect as if made on and as of such Borrowing Date or Issuance Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Gymboree Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date (or Conversion/Continuation Date except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Ns Group Inc)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date (date except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in which case they representation and warranty shall be remain true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date or date of issuance with the same effect as if made on and as of such Borrowing Date or Conversion/ Continuation Date or date of issuance (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Hollywood Theaters Inc)

Continuation of Representations and Warranties. The representations and warranties made by the Companies contained in Article V shall be true and correct in all material respects on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date borrowing date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Strauss Levi Associates Inc)

Continuation of Representations and Warranties. The representations ---------------------------------------------- and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date or Conversion/Continuation Date with the same effect as if made on and as of such Borrowing Date or Conversion/Continuation Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Mentor Graphics Corp)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and;

Appears in 1 contract

Samples: Credit Agreement (Conner Peripherals Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V (exclusive of the last two sentences of Section 5.13) shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); andDate;

Appears in 1 contract

Samples: Credit Agreement (Louisiana Pacific Corp)

Continuation of Representations and Warranties. The representations and warranties contained in Article V shall be true and correct in all material respects on and as of such Borrowing Date borrowing or issuance date with the same effect as if made on and as of such Borrowing Date (date, except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in which case they representation and warranty shall be remain true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Working Capital Credit Agreement (JLG Industries Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date or date of issuance of such Letter of Credit (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Middleby Corp)

Continuation of Representations and Warranties. The -------------------------------------------------------- representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 1 contract

Samples: Revolving Credit Agreement (Compaq Computer Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date disbursement date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Wallace Computer Services Inc)

Continuation of Representations and Warranties. The representations and warranties made by the Borrower contained in Article V shall be true and correct on and as of such Borrowing Date borrowing or issuance date with the same effect as if made on and as of such Borrowing Date (date; except to the extent such representations for any representation and warranties expressly refer to warranty made as of an earlier date, in date which case they representation and warranty shall be remain true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Day Credit Agreement (Lci International Inc /Va/)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date or Conversion/ Continuation Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date)or Conversion/Continuation Date; and

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Bridge Credit Agreement (Lance Inc)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of the date of such Borrowing Date Loan with the same effect as if made on and as of such Borrowing Date date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Truserv Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and, taking into account any amendments to the Schedules and other disclosures made in writing by the Company to the Agent and the Lenders after the Closing Date and approved by the Agent and the Majority Lenders.

Appears in 1 contract

Samples: Credit Agreement (Eps Solutions Corp)

Continuation of Representations and Warranties. The representations and warranties in Article V (other than Section 5.12) shall be true and correct in all material respects on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct in all material respects as of such earlier date); and

Appears in 1 contract

Samples: Credit Agreement (Compaq Computer Corp)

Continuation of Representations and Warranties. The representations and warranties in Article ARTICLE V shall be true and correct on and as of such Borrowing Date with the same effect as if made on and as of such Borrowing Date or date of issuance of such Letter of Credit (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date); and

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Middleby Corp)

Continuation of Representations and Warranties. The ---------------------------------------------- representations and warranties contained in Article V shall be true and correct on and as of such Borrowing Date borrowing date with the same effect as if made on and as of such Borrowing Date (date, except to the extent that such representations and warranties expressly refer relate solely to an earlier date, in which case they such representations and warranties shall be have been true and correct on and as of such earlier date); and.

Appears in 1 contract

Samples: Credit Agreement (Maxim Group Inc /)

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