Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date.
Appears in 13 contracts
Samples: Abl Credit and Guaranty Agreement (QualTek Services Inc.), Term Credit and Guaranty Agreement (QualTek Services Inc.), Abl Credit and Guaranty Agreement (QualTek Services Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted its Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur that occurred on the Closing Effective Date, unless the context otherwise requires.
Appears in 7 contracts
Samples: First Lien Credit Agreement (Franchise Group, Inc.), Second Lien Credit Agreement (Franchise Group, Inc.), First Lien Credit Agreement (Franchise Group, Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries its subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 6 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Abl Credit Agreement (Chewy, Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger Acquisition and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (Installed Building Products, Inc.), Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.)
Effectuation of Transactions. All references herein to the Borrower Holdings and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Merger and the other Exit Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 4 contracts
Samples: Senior Secured Second Out Term Loan Credit Agreement (Skillsoft Corp.), Senior Secured Term Loan Credit Agreement (Skillsoft Corp.), Senior Secured Term Loan Credit Agreement (Skillsoft Corp.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 4 contracts
Samples: Credit Agreement (MasterBrand, Inc.), Term Loan Credit Agreement (PHI Group, Inc./De), Term Loan Credit Agreement (Phi Inc)
Effectuation of Transactions. All references herein to the Borrower and its Subsidiaries on the Subsidiaries or the Restricted Subsidiaries Availability Date shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents on the Availability Date shall be deemed made, in each case, after giving effect to the Merger Contribution and the other Transactions to occur on the Closing Availability Date, unless the context otherwise requires.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries their subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 3 contracts
Samples: Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc)
Effectuation of Transactions. All references herein to the Borrower Borrowers and the Subsidiaries or the Restricted Subsidiaries their subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower Borrowers and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (Skillsoft Corp.), Credit Agreement (Skillsoft Corp.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date.
Appears in 2 contracts
Samples: Term Credit and Guaranty Agreement (QualTek Services Inc.), Restructuring Support Agreement (QualTek Services Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Personspersons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger Spin-Off and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (Quorum Health Corp), Abl Credit Agreement (Quorum Health Corp)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger Spin-Off and the other Transactions to occur on the Closing Funding Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (MasterBrand, Inc.), Credit Agreement (MasterBrand, Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (American Public Education Inc), Credit Agreement (American Public Education Inc)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (NCR Corp), Credit Agreement (NCR Corp)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger Acquisition and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 2 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted its Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 1 contract
Samples: Credit Agreement (Lmi Aerospace Inc)
Effectuation of Transactions. All On the Effective Date, all references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on each date on which proceeds of the Closing DateLoan are disbursed to Borrower, unless the context otherwise requires.
Appears in 1 contract
Samples: Revolving Credit Agreement (Raymond James Financial Inc)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted its Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger Acquisition and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 1 contract
Samples: Credit Agreement (Lmi Aerospace Inc)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 1 contract
Samples: Credit Agreement
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger Refinancing and the other Transactions to occur on the Closing Effective Date, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Documents shall be deemed made, in each case, after giving effect to the Merger Cambridge Acquisition and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 1 contract
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted its Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 1 contract
Samples: Credit Agreement (Constellium N.V.)
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and Transactions occurring on or prior to the other Transactions to occur on Effective Date, unless the Closing Datecontext otherwise requires. ARTICLE II THE CREDITS Section 2.
Appears in 1 contract
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of the Borrower and the other Credit Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and Transactions occurring on or prior to the other Transactions to occur on Effective Date, unless the Closing Datecontext otherwise requires. ARTICLE II THE CREDITS Section 2.01.
Appears in 1 contract
Effectuation of Transactions. All references herein to the Borrower and the Subsidiaries or the Restricted other Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the -59- representations and warranties of the Borrower and the other Credit Loan Parties contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions to occur on the Closing Date, unless the context otherwise requires.
Appears in 1 contract
Samples: Credit Agreement (Virtus Investment Partners, Inc.)
Effectuation of Transactions. All references herein to Borrower, the Borrower Parent and the Subsidiaries or the Restricted their respective Subsidiaries shall be deemed to be (unless the context otherwise requires) references to such Persons, and all the representations and warranties of Borrower or the Borrower and the other Credit Parties Parent contained in this Agreement and the other Credit Loan Documents shall be deemed made, in each case, after giving effect to the Merger and the other Transactions occurring on or prior to occur on the Closing Date, unless the context otherwise requires.
Appears in 1 contract
