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 any of its 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, and each Letter of Credit or LC Guaranty request made under subsection 3.1.5 hereof, shall constitute the applicable Borrower's reaffirmation, as of the date of each such Loan, Letter of Credit or LC Guaranty request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of such Borrower, any Subsidiary of such 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 2 contracts

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources 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 accurate, complete and not misleading at all times during the term of this Agreement, except for changes in the nature of any a Borrower's or any of its a Restricted 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, and each Letter of Credit or LC Guaranty request made under subsection 3.1.5 hereof, hereof shall constitute the applicable each Borrower's reaffirmation, as of the date of each such Loan, Letter of Credit or LC Guaranty loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of such any Borrower, any Subsidiary of such BorrowerRestricted Subsidiary, 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 2 contracts

Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek 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 any of its SubsidiaryBorrower'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, hereof and each request for issuance of a Letter of Credit or LC Guaranty request made under subsection 3.1.5 hereof, shall constitute the applicable each Borrower's reaffirmation, as of the date of each such Loan, Letter of Credit or LC Guaranty request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of such BorrowerBorrowers, any Subsidiary of such 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 (United Natural Foods 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 any of its 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 consented to such changes or changes, such changes are expressly permitted by this AgreementAgreement or such changes do not have or evidence a Material Adverse Effect. Without limiting the generality of the foregoing, each Loan request made or deemed made pursuant to subsection 3.1.1 hereof, and each Letter of Credit or LC Guaranty request made under subsection 3.1.5 hereof, hereof shall constitute the applicable Borrower's Borrowers’ reaffirmation, as of the date of each such Loan, Letter of Credit or LC Guaranty loan request, of each representation, warranty or other statement (other than any representation, warranty or other statement that was made as of a specific date) made or furnished to Agent or any Lender by or on behalf of such any Borrower, any Subsidiary of such 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 (Cambium Learning Group, 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 accurate, complete and not misleading at all times during the term of this AgreementAgreement (except where such representation or warranty, by its terms, is given as of a certain date), except for changes in the nature of any Borrower's or any of its Borrower's Subsidiary's business or operations that would render the information in any exhibit Schedule 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, and each Letter of Credit or LC Guaranty request made under subsection 3.1.5 hereof, shall constitute the applicable Borrower's reaffirmation, as of the date of each such Loan, Letter of Credit or LC Guaranty request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of such Borrower, any Subsidiary of such 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 (Bayou Steel Corp)

Continuous Nature of Representations and Warranties. Each representation and warranty contained in this Agreement and the other Loan Documents Guaranty shall be continuous in nature and shall remain accurate, complete and not misleading at all times during the term of this Guaranty, except (i) to the extent such representations and warranties relate to an earlier date, (ii) to the extent the information contained in any exhibit attached hereto is updated from time to time and such information so updated would not otherwise cause or result in a Default or Event of Default under the Loan Agreement, except or (iii) for changes in the nature of any BorrowerFPC's or any of its 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 Lender has consented to such changes or (iv) for such changes are expressly permitted by this AgreementGuaranty. Without limiting Except as set forth in the generality of the foregoingpreceding sentence, each Loan loan request made or deemed made pursuant to subsection 3.1.1 hereof, and each Letter of Credit or LC Guaranty request made under subsection 3.1.5 hereof, the Loan Agreement shall constitute the applicable BorrowerFPC's reaffirmation, as of the date of each such Loan, Letter of Credit or LC Guaranty loan request, of each representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of such Borrower, any Subsidiary of such Borrower, or any Guarantor FPC in this AgreementGuaranty, 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 (Financial Performance Corp)

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