Common use of Deemed Representation and Warranty Clause in Contracts

Deemed Representation and Warranty. Each request by the Borrower for Borrowings pursuant to Section 3.4 or for a conversion of Borrowings pursuant to Section 3.12 or for a Rollover of Libor Loans or Bankers’ Acceptances pursuant to Section 3.13 shall be deemed to be a representation and warranty by the Borrower to the Agent and each of the Lenders that as of the date of such request and as of the applicable Drawdown Date, Conversion Date or Rollover Date there exists no Default or Event of Default and, in the case of a request by the Borrower for Borrowings pursuant to Section 3.4 or delivery of a Request for Extension, that the matters referred to in Section 2.1 are, as of the applicable Drawdown Date or date of extension of the Maturity Date pursuant to Section 3.15, true and correct in all material respects as of each such date.

Appears in 1 contract

Samples: Credit Agreement (Pengrowth Energy Trust)

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Deemed Representation and Warranty. Each request by the Borrower for Borrowings pursuant to Section 3.4 or for a conversion of Borrowings pursuant to Section 3.12 or for a Rollover of Libor Loans or Bankers’ Acceptances pursuant to Section 3.13 shall be deemed to be a representation and warranty by the Borrower to the Agent and each of the Lenders that as of the date of such request and as of the applicable Drawdown Date, Conversion Date or Rollover Date there exists no Default or Event of Default and, in the case of a request by the Borrower for Borrowings pursuant to Section 3.4 or delivery of a Request for Extension, that the matters referred to in Section 2.1 are, as of the applicable Drawdown Date or date of extension of the Maturity Date pursuant to Section 3.15, true and correct in all material respects as of each such date.

Appears in 1 contract

Samples: Credit Agreement (Pengrowth Energy Trust)

Deemed Representation and Warranty. Each request by the Borrower for Borrowings pursuant to Section 3.4 or for a conversion Conversion of Borrowings pursuant to Section 3.12 3.11 or for a Rollover of Libor Loans or Bankers' Acceptances pursuant to Section 3.13 3.12 shall be deemed to be a representation and warranty by the Borrower to the Agent and each of the Lenders that as of the date of such request and as of the applicable Drawdown Date, Conversion Date or Rollover Date there exists no Default or Event of Default and, in the case of a request by the Borrower for Borrowings pursuant to Section 3.4 or delivery of a Request for Extension, that the matters referred to in Section 2.1 (with the exception of those representations which were stated to be made as at the Effective Date) are, as of the applicable Drawdown Date or date of extension of the Maturity Date pursuant to Section 3.153.14, true and correct in all material respects as of each such date.

Appears in 1 contract

Samples: Credit Agreement (PENGROWTH ENERGY Corp)

Deemed Representation and Warranty. Each request by the Borrower for Borrowings pursuant to Section 3.4 or for a conversion of Borrowings pursuant to Section 3.12 or for a Rollover of Libor Loans or Bankers' Acceptances pursuant to Section 3.13 shall be deemed to be a representation and warranty by the Borrower to the Agent and each of the Lenders that as of the date of such request and as of the applicable Drawdown Date, Conversion Date or Rollover Date there exists no Default or Event of Default and, in the case of a request by the Borrower for Borrowings pursuant to Section 3.4 or delivery of a Request for Extension, that the matters referred to in Section 2.1 are, as of the applicable Drawdown Date or date of extension of the Maturity Date pursuant to Section 3.15, true and correct in all material respects as of each such date.

Appears in 1 contract

Samples: Credit Agreement (PENGROWTH ENERGY Corp)

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Deemed Representation and Warranty. Each request by the Borrower for Borrowings pursuant to Section 3.4 or for a conversion of Borrowings pursuant to Section 3.12 or for a Rollover of Libor Loans or Bankers' Acceptances pursuant to Section 3.13 shall be deemed to be a representation and warranty by the Borrower to the Agent and each of the Lenders that as of the date of such request and as of the applicable Drawdown Date, Conversion Date or Rollover Date there exists no Default or Event of Default and, in the case of a request by the Borrower for Borrowings pursuant to Section 3.4 or delivery of a Request for Extension, that the matters referred to in Section 2.1 (with the exception of those representations which were stated to be made as at the Effective Date) are, as of the applicable Drawdown Date or date of extension of the Maturity Date pursuant to Section 3.15, true and correct in all material respects as of each such date.

Appears in 1 contract

Samples: Credit Agreement (PENGROWTH ENERGY Corp)

Deemed Representation and Warranty. Each request by the Borrower for Borrowings pursuant to Section 3.4 3.3 or for a conversion of Borrowings pursuant to Section 3.12 3.9 or for a Rollover of Libor Loans or Bankers’ Acceptances pursuant to Section 3.13 3.10 shall be deemed to be a representation and warranty by the Borrower to the Agent and each of the Lenders that as of the date of such request and as of the applicable Drawdown Date, Conversion Date or Rollover Date there exists no Default or Event of Default and, in the case of a request by the Borrower for Borrowings pursuant to Section 3.4 or delivery of a Request for Extension3.3, that the matters referred to in Section 2.1 are, as of the applicable Drawdown Date or date of extension of the Maturity Date pursuant to Section 3.15Date, true and correct in all material respects as of each such date.

Appears in 1 contract

Samples: Credit Agreement (Pengrowth Energy Trust)

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