Common use of Each Credit Extension Clause in Contracts

Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Date: (a) There exists no Default or Event of Default, nor would a Default or Event of Default result from such Credit Extension. (b) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. Each Borrowing/Conversion/Continuation Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) and (b) have been satisfied.

Appears in 4 contracts

Samples: Credit Agreement (C. H. Robinson Worldwide, Inc.), Credit Agreement (C H Robinson Worldwide Inc), Credit Agreement (C H Robinson Worldwide Inc)

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Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Date: (a) There exists no Default or Event of Default, nor would a Default or Event of Default result from such Credit Extension. (b) The representations and warranties contained in Article V are true and correct in all material respects (except to the extent already qualified by materiality, in which case said representations and warranties are true and correct in all respects) as of such Borrowing Date, Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects (except to the extent already qualified by materiality, in which case said representations and warranties are true and correct in all respects) on and as of such earlier date. Each Borrowing/Conversion/Continuation Borrowing Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) and (b) have been satisfied.

Appears in 4 contracts

Samples: Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (MDC Holdings Inc)

Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) 2.4.4 or Section 2.20.6 with respect to Revolving Loans extended for the purpose of repaying Swing Line LoansLoans or reimbursing draws under Facility LCs, as the case may be) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date: (a) 4.2.1 There exists no Event of Default or Unmatured Event of Default, nor would a Default or Event of Default result from such Credit Extension. (b) 4.2.2 The representations and warranties contained in Article V are true and correct as of such Credit Extension Date in all material respects as of such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. Each Borrowing/Conversion/Continuation Borrowing Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance of a Facility LC LC, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) 4.2.1 and (b) 4.2.2 have been satisfied.

Appears in 3 contracts

Samples: Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp), Credit Agreement (Chemed Corp)

Each Credit Extension. The Subject to the terms and conditions of this Agreement, the Lenders shall make Credit Extensions (including the initial Credit Extension hereunder); provided that the Lenders shall not be required to make such Credit Extensions (except as otherwise set forth in Section 2.4(d) 2.23.4 with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless if on the applicable Borrowing Credit Extension Date: (a) 4.2.1 There exists no Default or Event of Default, nor would a Default or Event of Unmatured Default result from either before or after giving effect to such Credit Extension.; or (b) 4.2.2 The representations and warranties contained in Article V are not true and correct in all material respects as of such Borrowing Date, Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. Each Borrowing/Conversion/Continuation Notice or Borrowing Notice, Swing Line Borrowing Notice, as the case may be, Notice or request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) 4.2.1 and (b) 4.2.2 have been satisfied. The Agent may require a duly completed compliance certificate in substantially the form of Exhibit B as a condition to making a Credit Extension.

Appears in 2 contracts

Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oge Energy Corp)

Each Credit Extension. The Lenders and the LC Issuer shall not (except as otherwise set forth in Section 2.4(d) 2.3 with respect to Revolving Loans Loan Advances for the purpose of repaying Swing Line LoansSwingline Advances) be required to make any Credit Extension Extension, unless on the applicable Borrowing Date: (ai) There exists no Default or Event of Unmatured Default, nor would a Default or Event of Default result from such Credit Extension. (bii) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date; provided that this Section 4.2(ii) shall not apply to the representations and warranties set forth in Section 5.5, clause (i) of the first sentence of Section 5.7, the second sentence of Section 5.7 and Section 5.16. Each Borrowing/Conversion/Continuation Borrowing Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance Letter of a Facility LC Credit Application with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied. Any Lender or the LC Issuer may require a duly completed compliance certificate in substantially the form of Exhibit C as a condition to making a Credit Extension.

Appears in 2 contracts

Samples: Credit Agreement (Vectren Corp), Credit Agreement (Vectren Corp)

Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) with respect to Revolving Loans for the purpose obligation of repaying Swing Line Loans) be required each Lender to make any Credit Extension unless a Loan on the applicable Borrowing Dateoccasion of any Advance and of the Swingline Lender to make a Swingline Loan on the occasion of any Swingline Advance and of the LC Issuer to issue, amend, renew or extend any Facility LC, is subject to the satisfaction of the following conditions: (ai) There exists no Default or Event of Unmatured Default, nor would a Default or Event of Default result from such Credit Extension. (bii) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. (iii) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Lenders and their counsel. Each Borrowing/Conversion/Continuation Borrowing Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) and (b4.2(i)-(ii) have been satisfied.

Appears in 2 contracts

Samples: Credit Agreement (Airnet Systems Inc), Credit Agreement (Airnet Systems Inc)

Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) 2.4.5 or Section 2.20.6 with respect to Revolving Loans extended for the purpose of repaying Swing Line LoansLoans or reimbursing draws under Facility LCs, as the case may be) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date: (a) 4.2.1 There exists no Event of Default or Unmatured Event of Default, nor would a Default or Event of Default result from such Credit Extension. (b) 4.2.2 The representations and warranties contained in Article V are true and correct as of such Credit Extension Date in all material respects as of such Borrowing Date, except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. Each Borrowing/Conversion/Continuation Borrowing Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance of a Facility LC LC, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) 4.2.1 and (b) 4.2.2 have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Chemed Corp)

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Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) 2.3.4 with respect to Revolving Loans extended for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date: (a) 4.2.1 There exists no Default or Event of Unmatured Default, nor would a Default or Event of Default result from such Credit Extension. (b) 4.2.2 The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. 4.2.3 All legal matters incident to the making of such Credit Extension shall be satisfactory to the Lenders and their counsel. Each Borrowing/Conversion/Continuation Notice Borrowing Notice, request for issuance of a Facility LC or Swing Line Borrowing Notice, as the case may be, or request for issuance Modification of a Facility LC LC, with respect to each such Credit Extension shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(a) 4.2.1, 4.2.2 and (b) 4.2.3 have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Patterson Dental Co)

Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) 2.4.4 with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date: (ai) There exists no No Default or Event of Default, nor Unmatured Default exists or would a Default or Event of Default result from exist immediately after giving effect to such Credit Extension. (bii) The representations and warranties contained in Article V are true and correct in all material respects as of such Borrowing Date, Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. (iii) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Lenders and their counsel. Each Borrowing/Conversion/Continuation Borrowing Notice or Swing Line Borrowing Notice, as the case may be, or request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Actuant Corp)

Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.4(d) with respect be required to Revolving Loans for make, continue or convert any Credit Extension, and the purpose of repaying Swing Line Loans) Swingline Lender shall not be required to make any Credit Extension Swingline Loan, unless on the applicable Borrowing DateCredit Extension Date or date of conversion or continuation: (a) There exists no Default or Event of Unmatured Default, nor would a Default or Event of Default result from such Credit Extension. (b) The representations and warranties contained in Article V (other than Section 5.5, 5.7 and 5.15) are true and correct in all material respects as of such Borrowing Date, Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct in all material respects on and as of such earlier date. . (c) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Lenders and their counsel. (d) Each Borrowing/Borrowing Notice, each Conversion/Continuation Notice or Swing Line Borrowing Notice, as the case may be, or request for the issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) and (b) have been satisfied.

Appears in 1 contract

Samples: Credit Agreement (Cardinal Health Inc)

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