Common use of Deemed Repetition of Representations and Warranties Clause in Contracts

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, by the Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 11 contracts

Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Amendment and Restatement Agreement (ITC Holdings Corp.), Amendment and Restatement Agreement (ITC Holdings Corp.)

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Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 7.1 to 7.14 and 7.16 7.13 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15Section 7.14) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, by the Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, by the Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 5 contracts

Samples: Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 7.1 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and Section 7.15) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, by the Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 7.1 to 7.14 and 7.16 7.13 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15Section 7.14) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, by the Borrower (but not the conversion or continuation including conversions and continuations of a BorrowingBorrowings) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement the Credit Documents pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 3 contracts

Samples: Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.27.1,7.2, 7.3 and 7.5 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15Section 7.14) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, Sections 7.4 and 7.15 by the Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (ITC Holdings Corp.), Term Loan Credit Agreement (ITC Holdings Corp.)

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Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15) will be deemed to be repeated by the such Borrower as of the date of each request for a new Credit Event, Event by the such Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the such Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the such Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (ITC Holdings Corp.)

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.1, 7.2, 7.3 and 7.5 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit Event, Sections 7.4 and 7.15) will be deemed to be repeated by the Borrower as of the date of each request for a new Credit Event, by the Borrower (but not the conversion or continuation of a Borrowing) and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement pursuant to Section 9.2(a) (but after giving effect to such assumption), except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 1 contract

Samples: Term Loan Credit Agreement (ITC Holdings Corp.)

Deemed Repetition of Representations and Warranties. The representations and warranties set out in Sections 7.17.1 to 7.13 (and, 7.2, 7.3 and 7.5 to 7.14 and 7.16 inclusive (and solely in the case of the initial Credit EventClosing Date, Sections 7.4 and 7.15section 7.14) inclusive will be deemed to be repeated by the Borrower as of on the Closing Date and on the date of each request for a new Credit Event, by the Borrower (but not the for a conversion or continuation of a Borrowing) Borrowings and as of the date on which a Successor Borrower assumes all of the obligations of the Borrower under this Agreement the Credit Documents pursuant to Section 9.2(a) (but after giving effect to such assumption), ) except to the extent that on or prior to such date (a) the Borrower has advised the Administrative Agent in writing of a variation in any such representation or warranty, and (b) the Required Lenders have approved such variation, and except where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date.

Appears in 1 contract

Samples: Bridge Loan Agreement (ITC Holdings Corp.)

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