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 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 17 contracts

Samples: Credit Agreement, Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 17 contracts

Samples: Credit and Guaranty Agreement, Credit and Guaranty Agreement (Tronox LTD), Credit Agreement (Agl Resources Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 14 contracts

Samples: Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Lodgenet Entertainment Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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 12 contracts

Samples: Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co), Credit Agreement (Isle of Capri Casinos Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 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 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 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 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 (Prime Hospitality Corp), Credit Agreement (Oasis Residential Inc)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 4 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 5 contracts

Samples: Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Apartment Investment & Management Co), Senior Secured Credit Agreement (Aimco Properties Lp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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).

Appears in 4 contracts

Samples: Credit Agreement (Ditech Corp), Security Agreement (Ditech Communications Corp), Credit Agreement (Ditech Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 defined below) 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, 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 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 2 contracts

Samples: Pledge and Security Agreement (Overhill Farms Inc), Credit Agreement (Overhill Farms Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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; 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.), Waiver and Consent (On Deck Capital, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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 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 4 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: Possession Credit Agreement (Intermet Corp), Security Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 and on and as of the date of the execution of this Amendment by Borrowers 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 Horticulture Inc), Credit Agreement (Hines Horticulture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 defined below) 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, 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 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 2 contracts

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.), First Amendment (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 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 Closing 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 and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement 3 4 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 (Stanadyne Automotive Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.01 (excluding those set forth in Section 4.01(e)) 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 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.. 2 (First Amendment-Short Term) 130

Appears in 1 contract

Samples: Credit Agreement (Dial Corp /New/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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

Samples: Credit Agreement (Wolverine Tube Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 6 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 and on and as of the date of the execution of this Amendment by Borrower 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 (Hines Horticulture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 1 contract

Samples: Credit Agreement (Pinkertons Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement and in the other Loan Documents 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: Credit Agreement (Ticketmaster Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.01 (excluding those set forth in Section 4.01(e)) 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 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 (Dial Corp /New/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article III of the Credit Agreement (considered as if already amended by this Amendment) 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

Samples: Credit Agreement (Knowles Electronics Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.01 (excluding those set forth in Section 4.01(e)) 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 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.. 2 (First Amendment-Long Term) 61

Appears in 1 contract

Samples: Credit Agreement (Dial Corp /New/)

Incorporation of Representations and Warranties From Credit Agreement. The Except as set forth on Schedule 4F attached hereto, the representations and warranties contained in Section 4 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 November 30, 1996 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 (Cerplex Group Inc)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Closing 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 and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Closing 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 and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 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 effectiveness of this Amendment Effective Date (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

Samples: Credit Agreement (Dictaphone Corp /De)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article 6 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 (Grant Prideco Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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, after giving effect to any modifications to the Loan Documents on or prior to the date hereof, except to the extent such representations and warranties (including the Schedules referred to in Section 5 of the Credit Agreement) 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 (Stanadyne Automotive Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date this 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 (Tefron LTD)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement and in the other Loan Documents 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 (Ticketmaster Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 6 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 and on and as of the date of the execution of this Amendment by Borrowers 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 (Hines Horticulture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Closing 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.. G.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 datethe Third 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

Samples: Credit Agreement (Reliance Steel & Aluminum Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 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 datedate or are amended hereby, in which case they were true, correct and complete in all material respects on and as of such earlier datedate or as amended hereby.

Appears in 1 contract

Samples: Credit Agreement (Apollo Real Estate Investment Fund Ii L P)

Incorporation of Representations and Warranties From Credit Agreement. The After giving full effect to this Amendment and any actions taken pursuant hereto, the representations and warranties contained in Section 4 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 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 (Calmar Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement and in the other Loan Documents 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: Credit Agreement (Ticketmaster Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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

Samples: Credit Agreement (Stater Bros Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Closing 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 and Guaranty Agreement (Vca Antech Inc)

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