Each Other Credit Event. The obligation of each Lender to make a Loan on the occasion of any Borrowing, and of the Issuing Banks to issue, amend, renew or extend any Letter of Credit, is subject to the satisfaction of the following conditions: (a) The representations and warranties of the Loan Parties set forth in the Loan Documents shall be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respects) on and as of the date of such Borrowing or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respects) as of such earlier date. (b) At the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing. (c) After giving effect to such Borrowing or the issuance, amendment, renewal or extension of any Letter of Credit, the Borrowers shall be in compliance with the Revolving Exposure Limitations. Each Borrowing and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Loan Parties on the date thereof as to the matters specified in paragraphs (a), (b) and (c) of this Section.
Appears in 2 contracts
Samples: Credit Agreement (Winnebago Industries Inc), Credit Agreement (Winnebago Industries Inc)
Each Other Credit Event. The obligation of each Lender to make a Loan on the occasion of any BorrowingBorrowing after the Closing Date, and of the Issuing Banks to issue, amend, renew or extend any Letter of CreditCredit after the Closing Date, is subject to the satisfaction of the following conditions:
(a) The representations and warranties of the Loan Parties Borrower set forth in this Agreement and the other Loan Documents shall be true and correct in all material respects (provided that any or in all respects if the applicable representation or and warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respectsany other materiality qualifier) on and as of the date of such Borrowing or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, except to the extent that such representations and warranties specifically refer to an earlier date; provided that, in the case of an Incremental Facility, the proceeds of which case they are used to make a Permitted Acquisition, only the Specified Representations shall be required to be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respects) as of such earlier datecorrect.
(b) At the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall have occurred and be continuing.
(c) After giving effect to such Borrowing or the issuance, amendment, renewal or extension of any Letter of Credit, the Borrowers shall be in compliance with the Revolving Exposure Limitations. Each Borrowing and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Loan Parties Borrower on the date thereof as to the matters specified in paragraphs (a), (b) and (cb) of this Section.
Appears in 2 contracts
Samples: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.)
Each Other Credit Event. The obligation of each Lender to make a Loan on the occasion of any BorrowingBorrowing after the Restatement Effective Date, and of the Issuing Banks to issue, amend, renew or extend any Letter of CreditCredit after the Restatement Effective Date, is subject to the satisfaction of the following conditions:
(a) The representations and warranties of the Loan Parties Borrower set forth in this Agreement and the other Loan Documents shall be true and correct in all material respects (provided that any or in all respects if the applicable representation or and warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respectsany other materiality qualifier) on and as of the date of such Borrowing or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, except to the extent that such representations and warranties specifically refer to an earlier date; provided that, in the case of an Incremental Facility, the proceeds of which case they are used to make a Permitted Acquisition, only the Specified Representations shall be required to be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respects) as of such earlier datecorrect.
(b) At the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default or Event of Default shall have occurred and be continuing.
(c) After giving effect to such Borrowing or the issuance, amendment, renewal or extension of any Letter of Credit, the Borrowers shall be in compliance with the Revolving Exposure Limitations. Each Borrowing and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Loan Parties Borrower on the date thereof as to the matters specified in paragraphs (a), (b) and (cb) of this Section.
Appears in 2 contracts
Samples: Credit Agreement (Hill-Rom Holdings, Inc.), Credit Agreement (Hill-Rom Holdings, Inc.)
Each Other Credit Event. The Other than with respect to any Credit Event on the Effective Date (which shall only be subject to the conditions set forth in Section 4.01 hereof), the obligation of each Lender to make a Loan on the occasion of any Borrowing, and of the Issuing Banks to issue, amend, renew or extend any Letter of Credit, is subject to the satisfaction of the following conditions:
(a) The representations and warranties of the Loan Parties Borrowers set forth in the Loan Documents this Agreement shall be true and correct in all material respects (provided that any representation or warranty that is and in all respects if qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respectsother materiality qualifier) on and as of the date of such Borrowing or the date of issuance, amendment, renewal or extension of such Letter of Credit, as applicable, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct in all material respects (provided that any representation or warranty that is qualified by materiality, Material Adverse Effect or similar language shall be true and correct in all respects) as of such earlier date.
(b) At the time of and immediately after giving effect to such Borrowing or the issuance, amendment, renewal or extension of such Letter of Credit, as applicable, no Default shall have occurred and be continuing.
(c) After giving effect to such Borrowing No law or regulation shall prohibit, and no order, judgment or decree of any Governmental Authority shall enjoin, prohibit or restrain, any Lender from making the requested Loan or the issuanceIssuing Bank or any Lender from issuing, amendmentrenewing, renewal extending or extension increasing the face amount of any or participating in the Letter of CreditCredit requested to be issued, the Borrowers shall be in compliance with the Revolving Exposure Limitationsrenewed, extended or increased. Each Borrowing and each issuance, amendment, renewal or extension of a Letter of Credit shall be deemed to constitute a representation and warranty by the Loan Parties Borrowers on the date thereof as to the matters specified in paragraphs (a), (b) and (cb) of this Section.
Appears in 1 contract
Samples: Credit Agreement (Tennant Co)