Common use of Continuing Warranty Under Account Agreements Clause in Contracts

Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from Borrower, Borrower agrees that Borrower’s warranty under Section 2.16.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of Borrower unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 2 contracts

Samples: Credit Agreement (Protective Life Corp), Credit Agreement (Protective Life Insurance Co)

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Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from Borrowerthe Borrowers, Borrower agrees the Borrowers agree that Borrower’s the Borrowers’ warranty under Section 2.16.5 2.17.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of Borrower the Borrowers unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 2 contracts

Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Corp)

Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from BorrowerBorrowers, Borrower agrees Borrowers agree that Borrower’s Borrowers' warranty under Section 2.16.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of Borrower Borrowers unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 1 contract

Samples: Credit Agreement (Books a Million Inc)

Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from Borrower, Borrower agrees that Borrower’s 's warranty under Section 2.16.5 2.15.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of Borrower unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 1 contract

Samples: Loan Agreement (Renal Care Group Inc)

Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from Borrower, Borrower agrees that Borrower’s 's warranty under Section 2.16.5 2.17.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of Borrower unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 1 contract

Samples: Loan Agreement (Response Oncology Inc)

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Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from BorrowerBorrowers, Borrower agrees Borrowers agree that Borrower’s Borrowers’ warranty under Section 2.16.5 2.18.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of Borrower Borrowers unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 1 contract

Samples: Credit Agreement (Alfa Corp)

Continuing Warranty Under Account Agreements. Because Account Agreements may provide for the making of Swingline Loans without formal draw requests from the Borrower, the Borrower agrees that the Borrower’s 's warranty under Section 2.16.5 hereof as to the satisfaction of all conditions to the right to receive Swingline Loans shall be a continuing one during any period that such an Account Agreement may be in effect. Therefore, any Swingline Loans funded by the Swingline Lender pursuant to an Account Agreement after the failure of a condition stated in Article III hereof shall be deemed made upon the affirmative misrepresentation of the Borrower unless the Swingline Lender has received written notice of and waived the failed condition in writing.

Appears in 1 contract

Samples: Security Agreement (Renal Care Group Inc)

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