Deemed Representations. Each notice of borrowing hereunder or request for the issuance of a Letter of Credit and acceptance by the Borrower of the proceeds of such borrowing or of the issuance of such Letter of Credit shall constitute a representation and warranty that the statements contained in Section 5.02 are true and correct both on the date of such notice or request and, unless such Borrower otherwise notifies the Agent prior to such borrowing or such issuance, as of the date of such borrowing or such issuance.
Appears in 2 contracts
Samples: Credit Agreement (Daka International Inc), Credit Agreement (Daka International Inc)
Deemed Representations. Each notice of borrowing hereunder or request for the issuance of a Letter of Credit Loan and acceptance by the Borrower of the proceeds thereof and each notice of such borrowing or of a request for the issuance of such a Facility Letter of Credit and the issuance thereof shall constitute a representation and of warranty that the statements contained in Section 5.02 4.02(a) hereof are true and correct both on the date of such notice or request and, unless such the Borrower otherwise notifies the Agent prior to such borrowing or such issuanceBorrowing, as of the date of such borrowing Loan or such issuanceissuance of the Facility Letter of Credit.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Hardinge Inc), Credit and Term Loan Agreement (Hardinge Inc)
Deemed Representations. Each notice of borrowing Borrowing Request hereunder or request for the issuance of a Letter of Credit and each acceptance by the Borrower Company or any Eligible Subsidiary of the proceeds of such borrowing Borrowing or of the Borrowings and each request for issuance of such a Letter of Credit shall constitute a representation and warranty that the statements contained in Section 5.02 4.2 are true and correct both on the date of such notice or request and, unless such the Borrower otherwise notifies the Agent prior to such borrowing or such issuanceBorrowing, as of the date of such borrowing Borrowing or such issuanceissuance of a Letter of Credit.
Appears in 2 contracts
Samples: Credit Agreement (Macdermid Inc), Credit Agreement (Macdermid Inc)
Deemed Representations. Each notice Notice of borrowing hereunder Borrowing or request for the issuance of a Letter of Credit hereunder and acceptance by the any Borrower of the proceeds of such borrowing Borrowing or of the issuance benefit of such Letter of Credit shall constitute a representation and warranty that the statements contained in Section 5.02 5.2 are true and correct both on the date of such notice or request and, unless such Borrower otherwise notifies the Administrative Agent prior to such borrowing Borrowing or such issuance, as of the date of such borrowing Borrowing or such issuance.
Appears in 2 contracts
Samples: Credit Agreement (Cannondale Corp /), Credit Agreement (Cannondale Corp /)
Deemed Representations. Each notice of borrowing hereunder or request for the issuance of a Letter of Credit hereunder and acceptance by the any Borrower of the proceeds of such borrowing or of the issuance benefit of such Letter of Credit shall constitute a representation and warranty that the statements contained in Section 5.02 are true and correct both on the date of such notice or request and, unless such Borrower otherwise notifies the Administrative Agent prior to such borrowing or such issuance, as of the date of such borrowing or such issuance.
Appears in 2 contracts
Samples: Credit Agreement (Micro Warehouse Inc), Credit Agreement (Micro Warehouse Inc)
Deemed Representations. Each notice of borrowing hereunder or request for the issuance of a Letter of Credit Borrowing Request and each acceptance by the applicable Borrower of the proceeds of such borrowing or of the issuance of such Letter of Credit Borrowing, shall constitute a representation and warranty by the Borrowers that the statements contained in Section 5.02 4.2 are true and correct both on the date of such notice or request Borrowing Request and, unless such Borrower the Borrowers otherwise notifies notify the Administrative Agent prior to such borrowing or such issuanceBorrowing, as of the date of such borrowing or such issuanceBorrowing.
Appears in 1 contract
Samples: Credit Agreement (Movado Group Inc)
Deemed Representations. Each notice Borrowing Request and each acceptance by the Borrower of borrowing hereunder or the proceeds of such borrowing, and each request by the Borrower for the issuance of a Letter of Credit and acceptance by the Borrower of the proceeds of such borrowing or of the each issuance of such a Letter of Credit Credit, shall constitute a representation and warranty by the Borrower that the statements contained in Section 5.02 are true and correct both on the date of such notice Borrowing Request or request for a Letter of Credit and, unless such the Borrower otherwise notifies the Agent prior to such borrowing Borrowing or such issuance, as of the date of such borrowing Borrowing or such issuance.
Appears in 1 contract
Samples: Credit Agreement (Movado Group Inc)