Common use of Continuous Nature of Representations and Warranties Clause in Contracts

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 2 contracts

Samples: Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc)

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Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's ’s or one of Borrower's Subsidiary's its Subsidiaries’ business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' Borrower’s reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowersBorrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Iwt Tesoro Corp)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Parent's, Borrower's or one of Borrower's Subsidiary's their Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' Parent and Borrower's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowersParent, Borrower, any Subsidiary of any Borrower Parent, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Rowecom Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's its Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' Borrower's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowersBorrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Joule Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's Borrowers' or one of any Borrower's Subsidiary's business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowersany Borrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Pw Eagle Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's the business or operations of any Borrower or any of its Subsidiaries that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' each Borrower's reaffirmation, as of the date of each such loan requestis made, of each representation, warranty or other statement made or furnished to Administrative Agent or any Lender by or on behalf of Borrowerseach Borrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Jacuzzi Brands Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's ’s or one of Borrower's ’s Subsidiary's ’s business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan Agreement (Katy Industries Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's ’s business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan Advance request made or deemed made pursuant to subsection 3.1.1 hereof this Agreement or any other Loan Document shall constitute Borrowers' Borrower’s reaffirmation, as of the date of each such loan Advance request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Castellum, Inc.)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain in all material respects accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's its Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Agent has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' each Borrower's reaffirmation, in all material respects, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, Borrowers or any Subsidiary of any Borrower or any other Loan Party Borrowers in this Agreement, any of the other Loan Documents, Documents or any instrument, certificate or financial statement furnished in compliance with or in reference or relation thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Gentiva Health Services Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's its Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection SUBSECTION 3.1.1 hereof shall constitute Borrowers' Borrower's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowersBorrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Media Sciences International Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of any Borrower's Subsidiary's Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Agent and each Required Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof and each request for issuance of a Letter of Credit or LC Guaranty shall constitute Borrowers' each Borrower's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (United Natural Foods Inc)

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Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and in the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's Borrowers’ or one of Borrower's Subsidiary's business their Subsidiaries’ businesses or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Agent has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender and Lenders by or on behalf of Borrowers, Borrowers or any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulfside Supply, Inc.)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's ’s or one of Borrower's Subsidiary's its Subsidiaries’ business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection Section 3.1.1 hereof shall constitute Borrowers' Borrower’s reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, Borrower or any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Allied Healthcare Products Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Parent's, Borrower's or one of Borrower's Subsidiary's its Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' Borrower's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowersParent, Borrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Emtec Inc/Nj)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's ’s or one of Borrower's ’s Subsidiary's ’s business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrowers' reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowersany Borrower, any Subsidiary of any Borrower Borrower, or any other Loan Party Guarantor in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.. 7.3

Appears in 1 contract

Samples: Loan and Security Agreement (Mfri Inc)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan Advance request made or deemed made pursuant to subsection 3.1.1 hereof this Agreement or any other Loan Document shall constitute Borrowers' Borrower's reaffirmation, as of the date of each such loan Advance request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrowers, any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Castellum, Inc.)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any Borrower's or one of Borrower's Subsidiary's its Subsidiaries' business or operations that would render the information in any exhibit attached hereto or to any other Loan Document either inaccurate, incomplete or misleading, so long as Majority Lenders have Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof hereunder shall constitute Borrowers' Borrower's reaffirmation, as of the date xx xxx xate of each such loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowersBorrower, or any Subsidiary of any Borrower or any other Loan Party in this Agreement, any of the other Loan Documents, or any instrument, certificate or financial statement furnished in compliance with or in reference thereto.

Appears in 1 contract

Samples: Equipment Loan Note (Pure World Inc)

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