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 materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Borrower’s or its Subsidiaries’ business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender by or on behalf of Borrower, any Subsidiary of Borrower, or 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)

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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 its Subsidiaries’ 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 Lender has 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 Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s 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 BorrowerBorrowers, any Subsidiary of Borrower, any Borrower or Guarantor 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)

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 Parent's, Borrower’s 's or its Subsidiaries' business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s 's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender by or on behalf of Parent, Borrower, any Subsidiary of Borrower, or 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 materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Borrower’s or its Subsidiaries’ 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 Lender has 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 Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute each Borrower’s '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 each Borrower, any Subsidiary of any Borrower, or any 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 in 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 Borrower’s Borrowers’ or its their Subsidiaries’ business businesses or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender Agent has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s Borrowers’ reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender Agent and Lenders by or on behalf of Borrower, Borrowers or any Subsidiary of Borrower, or Guarantor any Borrower 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 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 or its Subsidiaries’ 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 Lender has 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 Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s 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 BorrowerBorrowers, any Subsidiary of Borrower, any Borrower or Guarantor 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 materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Borrowers' or one of any Borrower’s or its Subsidiaries’ '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 Lender has 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 Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s 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 any Borrower, any Subsidiary of any Borrower, or any 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 materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Parent's, Borrower’s 's or its their Subsidiaries' business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection 3.1.1 hereof shall constitute Parent and Borrower’s 's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender by or on behalf of Parent, Borrower, any Subsidiary of BorrowerParent, or other 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)

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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 Borrower’s 's or its Subsidiaries' business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s 's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender by or on behalf of Borrower, any Subsidiary of Borrower, or 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 materially 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 's or its Subsidiaries' business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender Agent has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection 3.1.1 hereof shall constitute each Borrower’s '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 Lender by or on behalf of Borrower, Borrowers or any Subsidiary of Borrower, or Guarantor 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 materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Borrower’s 's or its Subsidiaries' business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection SUBSECTION 3.1.1 hereof shall constitute Borrower’s 's reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender by or on behalf of Borrower, any Subsidiary of Borrower, or 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 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 or its Subsidiaries’ 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 Lender has 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 Loan request made or deemed made pursuant to subsection 3.1.1 hereof shall constitute Borrower’s 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 any Borrower, any Subsidiary of any Borrower, or any 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 materially accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of Borrower’s or its Subsidiaries’ business or operations that would render the information in any exhibit attached hereto either inaccurate, incomplete or misleading, so long as Lender has consented to such changes or such changes are expressly permitted by this Agreement. Without limiting the generality of the foregoing, each loan request made pursuant to subsection Section 3.1.1 hereof shall constitute Borrower’s reaffirmation, as of the date of each such loan request, of each representation, warranty or other statement made or furnished to Lender by or on behalf of Borrower, Borrower or any Subsidiary of Borrower, or Guarantor Borrower 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)

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