Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 23 contracts
Samples: Credit Agreement (Cerence Inc.), Incremental Assumption and Amendment Agreement (Rackspace Technology, Inc.), First Lien Credit Agreement (Rackspace Technology, Inc.)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determinationTransactions, unless the context otherwise requires.
Appears in 21 contracts
Samples: Term Loan Credit Agreement (Magnera Corp), Credit Agreement (Chicken Soup for the Soul Entertainment, Inc.), Incremental Assumption and Amendment Agreement (Redbox Entertainment Inc.)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requiresTransactions.
Appears in 8 contracts
Samples: Restatement Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requiresrequire.
Appears in 7 contracts
Samples: Incremental Assumption Agreement (PlayAGS, Inc.), Incremental Assumption Agreement (AP Gaming Holdco, Inc.), First Lien Credit Agreement (AP Gaming Holdco, Inc.)
Effectuation of Transactions. Each of the representations and warranties of Holdings and the Borrower Borrowers contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions (or such portion thereof as shall have taken place on or prior to be consummated as of the date of determinationthe applicable representation or warranty), unless the context otherwise requires.
Appears in 6 contracts
Samples: Asset Based Revolving Credit Agreement (Hexion Inc.), Amendment Agreement (Hexion Inc.), Amendment Agreement (Hexion Inc.)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions (or such portion thereof as shall have taken place on or prior to be consummated as of the date of determinationthe applicable representation or warranty), unless the context otherwise requires.
Appears in 5 contracts
Samples: First Lien Credit Agreement and Security Agreement (Exela Technologies, Inc.), First Lien Credit Agreement, First Lien Credit Agreement (Exela Technologies, Inc.)
Effectuation of Transactions. Each of the representations and warranties of the Parent and each Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determinationTransactions, unless the context otherwise requires.
Appears in 5 contracts
Samples: Credit Agreement (Mallinckrodt PLC), Credit Agreement (Mallinckrodt PLC), Incremental Assumption Agreement (Mallinckrodt PLC)
Effectuation of Transactions. Each of the representations and warranties of the Borrower Borrowers contained in this Agreement (and all corresponding definitions) and applicable on the Closing Date and thereafter, are made after giving effect to the Transactions as shall have taken place on or prior to the date of determinationTransactions, unless the context otherwise requires.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Adient PLC), Term Loan Credit Agreement (Adient PLC), Term Loan Credit Agreement (Adient PLC)
Effectuation of Transactions. Each of the representations and warranties of the Borrower Borrowers contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 4 contracts
Samples: Incremental Assumption Agreement (Caesars Entertainment, Inc.), Credit Agreement (CAESARS ENTERTAINMENT Corp), First Lien Credit Agreement (CAESARS ENTERTAINMENT Corp)
Effectuation of Transactions. Each of the representations and warranties of Holdings and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determinationtransactions contemplated by this Agreement, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Quality Distribution Inc)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determinationClosing Date Transactions, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (Caesars Acquisition Co), Credit Agreement (Caesars Acquisition Co)
Effectuation of Transactions. Each of the representations and warranties of Holdings and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Meridian Bioscience Inc), Revolving Credit Facility (Meridian Bioscience Inc)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions and the October 2018 Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requiresrequire.
Appears in 2 contracts
Samples: Incremental Assumption and Amendment Agreement (PlayAGS, Inc.), Incremental Assumption and Amendment Agreement (PlayAGS, Inc.)
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) and applicable on the Closing Date and thereafter, are made after giving effect to the Transactions as shall have taken place on or prior to the date of determinationTransactions, unless the context otherwise requires.
Appears in 2 contracts
Samples: Delayed Draw Bridge Credit Agreement (Spirit AeroSystems Holdings, Inc.), Term Loan Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Effectuation of Transactions. Each of the representations and warranties of Holdings and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the 2008 Transactions and the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement and of the Loan Parties in each of the other Loan Documents (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the 2015 Transactions as shall have taken place on or prior to and the date of determination2016 Transactions, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. Each of the representations and warranties of Holdings, Hexion and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. Each of the representations and warranties of Holdings and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the 2008 Transactions, the 2011 Transactions and the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. Each of the representations and warranties of the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions and the Repricing Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requiresrequire.
Appears in 1 contract
Samples: Incremental Assumption and Amendment Agreement (PlayAGS, Inc.)
Effectuation of Transactions. Each of the representations and warranties of Holdings, Intermediate Holdings and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Term Loan Agreement (Momentive Performance Materials Inc.)
Effectuation of Transactions. Each of the representations and warranties of Holdings and the Borrower contained in this Agreement (and all corresponding definitions) are made after giving effect to the 2008 Transactions, the 2011 Transactions, the 2012 Transactions and the Transactions as shall have taken place on or prior to the date of determination, unless the context otherwise requires.
Appears in 1 contract
Samples: Amendment Agreement (Caesars Entertainment Operating Company, Inc.)
