Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 45 contracts
Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Itron Inc /Wa/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 21 contracts
Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (La Quinta Properties Inc), Credit Agreement (Hexcel Corp /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 19 contracts
Samples: Credit and Guaranty Agreement (Vca Antech Inc), Loan Credit Agreement (Amscan Holdings Inc), Credit Agreement (Danielson Holding Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 10 contracts
Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Central Garden & Pet Company)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 8 contracts
Samples: Credit Agreement (Horseshoe Gaming Holding Corp), Credit Agreement and Consent (Horseshoe Gaming Holding Corp), Credit Agreement (Horseshoe Gaming Holding Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 7 contracts
Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Central Garden & Pet Co)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 6 contracts
Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Aircraft Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are incorporated herein by this reference and are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 5 contracts
Samples: Credit Agreement and Consent (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 5 contracts
Samples: Credit Agreement (Homestake Mining Co /De/), Credit Agreement (Homestake Mining Co /De/), Credit Agreement (Homestake Mining Co /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Waiver Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 4 contracts
Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 4 contracts
Samples: Credit Agreement (Network Commerce Inc), Credit Agreement (Coinstar Inc), Credit Agreement (Network Commerce Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 3 contracts
Samples: Credit Agreement (Granite Broadcasting Corp), Credit Agreement (Granite Broadcasting Corp), Credit Agreement (Levi Strauss & Co)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 3 contracts
Samples: Term Loan Agreement, Revolving Credit Agreement (TPC Group Inc.), Term Loan Agreement (TPC Group Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date Date, to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eighth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Arris Group Inc), Covanta Energy Corp
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article 6 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date of this Agreement to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Johnstone Tank Trucking Ltd.), Credit Agreement (Johnstone Tank Trucking Ltd.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4.01 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent previously disclosed in writing to Administrative Agent and Lenders or such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement and contained in the other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Possession Credit Agreement (Intermet Corp), Possession Credit Agreement (Covanta Energy Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Transportation Technologies Industries Inc), Lien Credit Agreement (Transportation Technologies Industries Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit and Participation Agreement (Covanta Energy Corp), Possession Credit Agreement (Intermet Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Agreement (Intermet Corp), Credit and Participation Agreement (Covanta Energy Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except to the extent that such representations and warranties specifically relate to an earlier date, in which case they were are true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (National Education Corp), Credit Agreement (National Education Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are incorporated herein by this reference and are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement and Consent (Joy Global Inc), Credit Agreement and Consent (Joy Global Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent that such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Sybron Dental Specialties Inc), Credit Agreement (Sybron Dental Specialties Inc)
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Propex Inc.), Credit Agreement (Beasley Broadcast Group Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Possession Credit Agreement (Intermet Corp), Credit and Participation Agreement (Covanta Energy Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Amgen Inc), Credit Agreement (Amgen Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit and Participation Agreement (Covanta Energy Corp), Credit and Participation Agreement (Covanta Energy Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date hereof and the Amendment Effective Date (as defined below) to the same extent as though made on and as of that datesuch dates, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Brand Intermediate Holdings Inc), Credit Agreement (Brand Intermediate Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date (after giving effect to this Amendment) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Pantry Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Accelerated Bureau of Collections Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, such date (except to the extent such representations and warranties they relate specifically relate to an any earlier date, in which case they were true, such representations and warranties shall continue to have been correct and complete in all material respects on and as of such earlier date).
Appears in 1 contract
Samples: Credit Agreement (Coinstar Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section Article 5 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate refer to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments effected hereby, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Ninth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Covanta Energy Corp
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, such date (except to the extent such representations and warranties specifically relate expressly refer to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.). (g)
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the First Fifth Amendment Effective Date with respect to this Amendment and the Credit Agreement as amended by this Amendment to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Foreign Currency Loan Effective Date and the Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the effective date of this First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Digitas Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section Article 5 of the Amended and Restated Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Restatement Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (ACCO BRANDS Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments effected hereby, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that each such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement and Limited Waiver (Panolam Industries International Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Ninth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Covanta Energy Corp
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the First Fifth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Restated Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective date hereof and the Restatement Date to the same extent as though made on and as of that datesuch dates, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that daterespects, except to the extent extend such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Oakley Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement and in any other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Revlon Inc /De/)
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments and waivers effected hereby, the representations and warranties contained in Section 5 of the Credit Agreement and contained in the other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Eighth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section Article 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof and to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eleventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Covanta Energy Corp
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article 6 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments contained in Section 1 of this Fifth Amendment, the representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date of this Fifth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement and in any other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are incorporated herein by this reference and are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Proquest Co)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date this Waiver and Amendment Effective Date shall become effective and to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Advanced Communication Systems Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that datethe Effective Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: 2 and Agreement (Brand Energy & Infrastructure Services, Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 (including subsection 5.22) of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit and Participation Agreement (Covanta Energy Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier dateDate.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent that such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date of this Fourth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date to the same extent as though made on and as of that datethe Fourth Amendment Effective Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, such date (except to the extent such representations and warranties specifically relate expressly refer to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier datedate and except that Section 5.1(e) shall be deemed instead to refer to the last day of the most recent fiscal year and fiscal quarter for which financial statements have then been delivered).
Appears in 1 contract
Samples: Credit Agreement (Komag Inc /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Tenth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that such date, except representations and warranties solely to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Apartment Investment & Management Co)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of each of the First Second Amendment Effective Date to the same extent as though made on and as of that each such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Panolam Industries International Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article 6 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.. F.
Appears in 1 contract
Samples: Credit Agreement
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of each of the First Amendment Effective Date and the Revolving Loan Increase Effective Date to the same extent as though made on and as of that each such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement and Waiver (Panolam Industries International Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date; provided that, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as defined below) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in this First Amendment and Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments effected hereby, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date this Agreement shall become effective and to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Consent Agreement (Advanced Communication Systems Inc)
Incorporation of Representations and Warranties From Credit Agreement. The Subject to compliance by Borrower with Section 5 of this Amendment, the representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, such date (except to the extent such representations and warranties they relate specifically relate to an any earlier date, in which case they were true, such representations and warranties shall continue to have been correct and complete in all material respects on and as of such earlier date).
Appears in 1 contract
Samples: Credit Agreement (Coinstar Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Ninth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (Intermet Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eighth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First date hereof and the Second Amendment Effective Date to the same extent as though made on and as of that datesuch dates, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: First Lien Credit Agreement (Skilled Healthcare Group, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, such date (except to the extent such representations and warranties specifically relate expressly refer to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.). (g)
Appears in 1 contract
Samples: Credit Agreement (Komag Inc /De/)