Common use of Each Commitment Increase Clause in Contracts

Each Commitment Increase. Each Commitment Increase requested by the Borrower pursuant to Section 2.15 is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Commitment Increase Notice and on the Increase Date, before and after giving effect to such Commitment Increase, or, if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Commitment Increase, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Commitment Increase Notice in accordance with Section 2.15(a). Each Commitment Increase Notice shall be deemed to constitute a representation and warranty by the Obligors on the date of such Commitment Increase Notice and on the Increase Date as to the matters specified in paragraphs (a) and (b) of this Section.

Appears in 2 contracts

Samples: Five Year Senior Unsecured Credit Agreement (Tyco International LTD), Senior Unsecured Credit Agreement (Tyco International LTD)

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Each Commitment Increase. Each Commitment Increase requested by the Borrower pursuant to Section 2.15 is subject to the satisfaction of the following conditions: : (ah) The representations and warranties of the Obligors Borrower set forth in Article III of this Agreement or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor the Borrower under or in connection herewith or therewith, and the representations and warranties of each Subsidiary Guarantor set forth in Article III of its Subsidiary Guaranty, shall be true and correct in all material respects on and as of the date of such Commitment Increase Notice and on the Increase Date, before and after giving effect to such Commitment Increase, or, if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (bi) At the time of and immediately after giving effect to such Commitment Increase, no Default shall have occurred and be continuing. (cj) The Borrower shall have delivered a Commitment Increase Notice in accordance with Section 2.15(a). Each Commitment Increase Notice shall be deemed to constitute a representation and warranty by the Obligors Borrower on the date of such Commitment Increase Notice and on the Increase Date as to the matters specified in paragraphs (a) and (b) of this Section.

Appears in 1 contract

Samples: Multi Year Senior Unsecured Credit Agreement

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Each Commitment Increase. Each Commitment Increase requested by the Borrower pursuant to Section 2.15 2.14 is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Obligors set forth in Article III of this Agreement or any other Loan Document, or which are contained in any certificate or notice delivered at any time by any Obligor under or in connection herewith or therewith, shall be true and correct in all material respects on and as of the date of such Commitment Increase Notice and on the Increase Date, before and after giving effect to such Commitment Increase, or, or if any such representation or warranty was made as of a specific date, such representation and warranty was true and correct in all material respects on and as of such date. (b) At the time of and immediately after giving effect to such Commitment Increase, no Default shall have occurred and be continuing. (c) The Borrower shall have delivered a Commitment Increase Notice in accordance with Section 2.15(a2.14(a). Each Commitment Increase Notice shall be deemed to constitute a representation and warranty by the Obligors on the date of such Commitment Increase Notice and on the Increase Date as to the matters specified in paragraphs (a) and (b) of this Section.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Tyco International LTD /Ber/)

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