Each Request for Credit Extension. The Lenders shall not be required to honor any Request for Credit Extension, unless on the applicable Borrowing Date: (a) no Unmatured Default or Default has occurred and is continuing or would result from such Request for Credit Extension; (b) each of the representations and warranties set forth in Article 5 (other than the representations and warranties set forth in Sections 5.05, 5.06 and 5.07) are true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been true and correct in all respects) on and as of such earlier date; and (c) the Borrower shall have delivered a Request for Credit Extension. Each Request for Credit Extension shall constitute a representation and warranty by the Borrower that the applicable conditions contained in this Section 4.03 have been satisfied as of the applicable Borrowing Date.
Appears in 5 contracts
Samples: Amendment No. 4 (RXO, Inc.), Credit Agreement (GXO Logistics, Inc.), Credit Agreement (GXO Logistics, Inc.)
Each Request for Credit Extension. The Lenders shall not be required to honor any Request for Credit Extension, unless on the applicable Borrowing Date:
(a) no Unmatured Default or Default has occurred and is continuing or would result from such Request for Credit Extension;
(b) each of the representations and warranties set forth in Article 5 (other than the representations and warranties set forth in Sections 5.05, 5.06 and 5.07) are true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are shall be true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been be true and correct in all respects) on and as of such earlier date; and
(c) the Borrower shall have delivered a Request for Credit Extension. Each Request for Credit Extension shall constitute a representation and warranty by the Borrower that the applicable conditions contained in this Section 4.03 Section 4.02 have been satisfied as of the date of the applicable Borrowing DateAdvance or issuance of a Letter of Credit.
Appears in 4 contracts
Samples: Credit Agreement (Salesforce, Inc.), Credit Agreement (Salesforce, Inc.), Credit Agreement (SALESFORCE.COM, Inc.)
Each Request for Credit Extension. The Lenders shall not be required to honor any Request for Credit Extension, unless on the applicable Borrowing Date:
: (a) no Unmatured Default or Default has occurred and is continuing or would result from such Request for Credit Extension;
; (b) each of the representations and warranties set forth in Article 5 (other than the representations and warranties set forth in Sections 5.05, 5.06 and 5.07) are true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been true and correct in all respects) on and as of such earlier date; and
and (c) the Borrower shall have delivered a Request for Credit Extension. Each Request for Credit Extension shall constitute a representation and warranty by the Borrower that the applicable conditions contained in this Section 4.03 have been satisfied as of the applicable Borrowing Date.
Appears in 1 contract
Samples: Credit Agreement (RXO, Inc.)
Each Request for Credit Extension. The Lenders shall not be required to honor any Request for Credit Extension, unless on the applicable Borrowing Date:
(a) no Unmatured Default or Default has occurred and is continuing or would result from such Request for Credit Extension;
(b) each of the representations and warranties set forth in Article 5 (other than the representations and warranties set forth in Sections 5.05, 5.06 and 5.07) are true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been true and correct in all respects) on and as of such earlier date; and
(c) the Borrower shall have delivered a Request for Credit Extension. Each Request for Credit Extension shall constitute a representation and warranty by the Borrower that the applicable conditions contained in this Section Section 4.03 have been satisfied as of the applicable Borrowing Date.
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Each Request for Credit Extension. The Lenders shall not be required to honor any Request for Credit Extension, unless on the applicable Borrowing Date:
(a) no Unmatured Default or Default has occurred and is continuing or would result from such Request for Credit Extension;
(b) each of the representations and warranties set forth in Article 5 (other than the representations and warranties set forth in Sections 5.05, 5.06 5.05 and 5.07) are true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are shall be true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been be true and correct in all respects) on and as of such earlier date; and;
(c) the applicable Borrower shall have delivered a Request for Credit Extension; and
(d) if the applicable Borrower is a Designated Borrower, then the conditions of Section 2.24 to the designation of such Borrower as a Designated Borrower shall have been satisfied. Each Request for Credit Extension shall constitute a representation and warranty by the applicable Borrower that the applicable conditions contained in this Section 4.03 Section 4.02 have been satisfied as of the date of the applicable Borrowing DateAdvance or issuance of a Letter of Credit.
Appears in 1 contract
Samples: Credit Agreement (Salesforce, Inc.)
Each Request for Credit Extension. The Neither the Lenders nor the L/C Issuers shall not be required to honor any Request for Credit Extension, Extension unless on the applicable Borrowing Date:
(a) no Unmatured No Default or Unmatured Default has occurred and is continuing continuing, or would result from such Request for Credit Extension;; and
(b) each of the The representations and warranties set forth contained in Article 5 (other than i) Section 5.01, Section 5.02, Section 5.03, Section 5.09, Section 5.13 and Section 5.14, in each case, only with respect to the representations Borrower making a Request for Credit Extension (but excluding the representation and warranties set forth warranty contained in Section 5.13 if the Borrower making the Request for Credit Extension is Parent) and (ii) Sections 5.055.04 and 5.15 are, 5.06 and 5.07) are in each case, true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are shall be true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been be true and correct in all respects) on and as of such earlier date; and
(c) the Borrower shall have delivered a Request for Credit Extension. Each Request for Credit Extension shall constitute a representation and warranty by the applicable Borrower that the applicable conditions contained in this Section 4.03 Section 4.02(a) and (b) have been satisfied as of the applicable Borrowing Datesatisfied.
Appears in 1 contract
Each Request for Credit Extension. The Lenders shall not be required to honor any Request for Credit Extension, unless on the applicable Borrowing Date:
(a) no Unmatured Default or Unmatured Default has occurred and is continuing or would result from such Request for Credit Extension;
(b) each of the representations and warranties set forth in Article 5 (other than the representations and warranties set forth in Sections 5.05, 5.06 5.05 and 5.07) are true and correct in all material respects (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties are true and correct in all 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 (except to the extent such representations and warranties are qualified with “materiality” or “Material Adverse Effect” or similar terms, in which case such representations and warranties shall have been true and correct in all respects) on and as of such earlier date; and
(c) the Borrower shall have delivered a Request for Credit Extension. Each Request for Credit Extension shall constitute a representation and warranty by the Borrower that the applicable conditions contained in this Section 4.03 Section 4.02(a) and (b) have been satisfied as of the applicable Borrowing Date.
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