Common use of Each Loan or Letter of Credit Clause in Contracts

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): (i) the representations and warranties of the Loan Parties shall then be true and correct in all material respects, except for representations and warranties which (A) specifically refer to an earlier date which shall have been true and correct in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respects, (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (iv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 3 contracts

Samples: Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.)

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Each Loan or Letter of Credit. At The obligation of the time of making Lenders and the Issuing Lender to effect any Loans or issuing, extending or increasing any Letters of Credit and after giving effect Extension is subject to the proposed extensions of credit (including any such extension of credit further conditions precedent that, on the Closing Date): date of such Credit Extension: (ia) the representations and warranties of the Loan Parties set forth in the Loan Documents, including without limitation in Article V of this Agreement, shall then be true and correct in all material respects, except for respects (other than any representations and warranties which (A) specifically refer qualified pursuant to an earlier date which shall have been true and correct in all material respects as of such earlier date referred to therein, and (B) are qualified their terms by materiality qualifiers, which will representations and warranties shall be true and correct in all respectsrespects as written) on and as of the date of such Credit Extension as though made on and as of such date, except for any such representation and warranty that by its terms is made only as of an earlier date, which representation and warranty shall remain true and correct as of such earlier date; (iib) no event has occurred and is continuing, or would result from such Credit Extension, that constitutes a Default or an Event of Default or Potential Default shall have occurred and be continuing, Default; and (iiic) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request to the Administrative Agent for each Loan requested to be made pursuant to Sections 2.1(b) and 2.2(b) or Letter of Credit Request to the Issuing Lender an application for a each Letter of CreditCredit to be issued pursuant to Section 2.8(a), as the case may be, . Each Loan Request submitted by the Borrower shall be deemed to be a representation and warranty that the conditions specified in Section 4.2(a) and (ivb) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion been satisfied on and as of the Administrative Agent, date of the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of applicable Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional CurrencyExtension.

Appears in 2 contracts

Samples: Credit Agreement (Andersons, Inc.), Credit Agreement (Andersons, Inc.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and warranties of the Loan Parties set forth in the Loan Documents shall then be true and correct (A) in all material respects, except for the case of representations and warranties which (A) specifically refer to an earlier date which shall have been true and correct qualified by materiality, in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true in the case of other representations and correct warranties, in all material respects, (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the Borrower making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrowers shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, (v) the Revolving Facility Usage does not exceed the Line Cap at such time, and (ivvi) in the case of any Loan or Letter of Credit to be denominated in an Optional Alternative Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Alternative Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Alternative Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Alternative Currency.

Appears in 2 contracts

Samples: Credit Agreement (Steel Partners Holdings L.P.), Revolving Credit Agreement (Steel Partners Holdings L.P.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the all representations and warranties of the Loan Parties shall then be true and correct set forth in all material respects, except for representations and warranties which (A) specifically refer to an earlier date which shall have been this Agreement are true and correct in all material respects as of on such date (except representations and warranties which relate solely to an earlier date referred to thereinor time, which representations and (B) are qualified by materiality which will warranties shall be true and correct in all respectson and as of the specific dates or times referred to therein), (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the an Issuing Lender an application for a Letter of Credit, as the case may be, and (ivv) in the case of any Loan to be denominated in an Optional Currency or Letter of Credit to be denominated in an Optional Alternate Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, Agent or the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Alternate Currency) would make it impracticable for such Loan to be denominated in the relevant Optional Currency or Letter of Credit to be denominated in the relevant Optional Alternate Currency, and (vi) each of the Loan Parties shall have performed all of its Obligations to be performed hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and warranties of the Loan Parties in the Loan Documents shall then be true and correct in all material respects, respects (except for those representations and warranties which (A) specifically refer that are qualified by reference to an earlier date materiality, which shall have been be true and correct in all respects, and that those representations and warranties that are made herein as of a stated date are true and correct in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respectsstated date), (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law in any material respect applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (ivv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 2 contracts

Samples: Revolving Credit Facility (EPAM Systems, Inc.), Revolving Credit Agreement (EPAM Systems, Inc.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and warranties of the Loan Parties shall then be true and correct (a) in the case of representations and warranties qualified by materiality, in all respects and (b) otherwise, in all material respects, in each case on and as of such date as if made on and as of such date (except for to the extent that such representations and warranties which (A) specifically refer relate to an earlier date in which shall have been case such representations and warranties that expressly relate to an earlier date are true and correct correct, in the case of such representations and warranties qualified by materiality, in all respects, and otherwise in all material respects respects, as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respectsdate), (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (ivv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (Vertex, Inc.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and representations, warranties of the Loan Parties set forth in this Agreement and any other Loan Document shall then be true and correct in all material respects, respects (without duplication of any materiality qualifier contained therein) on such date (except for representations and warranties which (A) specifically refer expressly relate solely to an earlier date or time, which representations and warranties shall have been be true and correct in all material respects (without duplication of any materiality qualifier contained therein) on and as of such earlier date the specific dates or times referred to therein, and (B) are qualified by materiality which will be true and correct in all respects), (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (ivv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency or Alternate Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Alternate Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency or Alternate Currency, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Black Box Corp)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) except as expressly set forth in Section 3A.1(ii)(a) in the case of any Incremental Commitment in connection with a Limited Condition Acquisition, the representations and warranties of the Loan Parties shall then be true and correct (a) in the case of representations and warranties qualified by materiality, in all respects and (b) otherwise, in all material respects, in each case on and as of such date as if made on and as of such date (except for to the extent that such representations and warranties which (A) specifically refer relate to an earlier date in which shall have been case such representations and warranties that expressly relate to an earlier date are true and correct correct, in the case of such representations and warranties qualified by materiality, in all respects, and otherwise in all material respects respects, as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respectsdate), (ii) except as expressly set forth in Section 3A.1(ii) in the case of any Incremental Commitment in connection with a Limited Condition Acquisition, no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (ivv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (Vertex, Inc.)

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Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and warranties of the Loan Parties shall then be true and correct in all material respects, except for representations and warranties which (A) specifically refer to an earlier date which shall have been true and correct in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respects, (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, and (ivv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 1 contract

Samples: Revolving Credit Facility (Sun Hydraulics Corp)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and warranties of the Loan Parties set forth in the Loan Documents shall then be true and correct (A) in all material respects, except for the case of representations and warranties which (A) specifically refer to an earlier date which shall have been true and correct qualified by materiality, in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true in the case of other representations and correct warranties, in all material respects, (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the Borrower making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrowers shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, (v) the Revolving Facility Usage does not exceed the Line Cap at such time, and (ivvi) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (Steel Partners Holdings L.P.)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and all representations, warranties of the Loan Parties Borrowers under Section 6 [Representations and Warranties], other than the representation and warranty in Section 6.1.8(d), shall then be true and correct in all any respect (in the case of any representation or warranty containing a materiality qualification) or in any material respects, respect (in the case of any representation of warranty without any materiality qualifications) (except for representations and warranties which (A) specifically refer expressly relate to an earlier date or time, which representations or warranties shall have been true and correct in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respectson and as of the specific dates or times referred to therein), (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the Borrower Borrowers shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may bebe or telephonic notice of such request pursuant to Section 2.4.1 [Revolving Credit Loan Requests], and (iv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (RPM International Inc/De/)

Each Loan or Letter of Credit. At the time of making any Loans or issuing, extending or increasing any Letters of Credit and after giving effect to the proposed extensions of credit (including any such extension of credit on the Closing Date): credit: (i) the representations and representations, warranties of the Loan Parties shall then be true and correct in all material respectsbefore and after giving effect to the making of such Loan or the issuance of such Letters of Credit and to the application of the proceeds therefrom, except for representations as though made on and warranties which (A) specifically refer to an earlier date which shall have been true and correct in all material respects as of such earlier date referred to therein, and (B) are qualified by materiality which will be true and correct in all respectsdate, (ii) no Event of Default or Potential Default shall have occurred and be continuing, (iii) the making of the Loans or issuance, extension or increase of such Letter of Credit shall not contravene any Law applicable to any Loan Party or Subsidiary of any Loan Party or any of the Lenders, (iv) the Borrower shall have delivered to the Administrative Agent a duly executed and completed Loan Request or to the Issuing Lender an application for a Letter of Credit, as the case may be, be and (ivv) in the case of any Loan or Letter of Credit to be denominated in an Optional Currency, there shall not have occurred any change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which in the reasonable opinion of the Administrative Agent, Agent or the Required Lenders (in the case of any Loans to be denominated in an Optional Currency) or the Issuing Lender (in the case of any Letter of Credit to be denominated in an Optional Currency) would make it impracticable for such Loan or Letter of Credit to be denominated in the relevant Optional Currency.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

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