Common use of Incorporation of Representations and Warranties From Credit Agreement Clause in Contracts

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 of the Credit Agreement are true, correct and complete in all material respects to the same extent as though made on and as of the date hereof, except as provided above or 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 (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp), Credit Agreement (Viad Corp)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Third Amendment Effective Date to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (Isle of Capri Casinos Inc), Credit Agreement (Oasis Residential Inc), Revolving Loan Credit Agreement (Amscan Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (World Color Press Inc /De/), Credit Agreement (World Color Press Inc /De/), Credit Agreement (World Color Press Inc /De/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Effective Date to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 4.01 4 of the Credit Agreement (as expressly amended hereby) are and will be true, correct and complete in all material respects on and as of the Third Amendment Effective Date to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (Southern California Microwave Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 Article 6 of the Credit Agreement are true, correct and complete in all material respects to the same extent as though made on and as of the date hereofrespects, except as provided above or 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 (MWI Veterinary Supply, Inc.), Credit Agreement (MWI Veterinary Supply, Inc.), Credit Agreement (MWI Veterinary Supply, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 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 the date hereofthat date, except as provided above or 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 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Effective Date as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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 2 contracts

Samples: Temporary Waiver and Consent (On Deck Capital, Inc.), Temporary Waiver and Consent (On Deck Capital, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent First Amendment Effective Date (as defined below) as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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 2 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 Article 6 of the Credit Agreement are true, true and correct and complete in all material respects on and as of the date of this Agreement to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Third Amendment Effective Date (as defined below) as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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 2 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Amendment Effective Date, to the same extent as though made on and as of the date hereofthat date, except as provided above or 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: 364 Day 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 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Amendment Effective Date (as defined below) as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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 2 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4.02 of the Credit Agreement are true, correct and complete in all material respects to the same extent as though made on and as of the date hereof, except as provided above or 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 (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 3.01 of the Credit Agreement are true, correct and complete in all material respects to the same extent as though made on and as of the date hereof, except as provided above or to the extent such representations and warranties -3- 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 (Finova Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Amendment No. 6 Effective Date as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Credit Agreement (Enova International, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, and will be true and correct and complete in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Credit and Guaranty Agreement (8point3 Energy Partners LP)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Amendment No. 5 Effective Date as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Fourth Amended and Restated Credit Agreement (Enova International, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Fourth Amendment Effective Date (as defined below) as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Credit Agreement (On Deck Capital, Inc.)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to the same extent as though made on and as of the date hereof, except as provided above or 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 the Third Amendment Effective Date as though made on and as of that date, except to the extent such earlier date.representations and warranties LEGAL_US_E # 150946042.5

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Amendment No. 7 Effective Date as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Credit Agreement (Enova International, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the date of this Fourth Amendment to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (Penn National Gaming Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Amendment No. 8 Effective Date as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Fourth Amended and Restated Credit Agreement (Enova International, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 Article III of the Credit Agreement are true, true and correct and complete in all material respects to on and as of the same extent Fifth Amendment Effective Date as though made on and as of the date hereofthat date, except as provided above or 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, in each case, 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

Samples: Credit Agreement (Enova International, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The Borrower’s representations and warranties contained in Section 4.01 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the date hereof to the same extent as though made on and as of the date hereofthat date, except as provided above or 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: Revolving Credit Agreement (Sphere 3D Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 3.01 of the Credit Agreement are true, correct and complete in all material respects to the same extent as though made on and as of the date hereof, except as provided above or 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 (Finova Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 Article IV of the Credit Agreement are true, true and correct and complete in all material respects on and as of the Amendment No. 1 Effective Date to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (Switch & Data Facilities Company, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the date of this Third Amendment to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (Penn National Gaming Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Amendment Effective Date to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (Winsloew Furniture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4.01 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Fourth Amendment Effective Date to the same extent as though made on and as of the date hereofthat date, except as provided above or 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 (Levi Strauss & Co)

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