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 Amended Agreement are and will be true and correct in all material respects on and as of the 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 and correct in all material respects on and as of such earlier date.

Appears in 7 contracts

Samples: Revolving Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (Carter William Co /Ga/), Credit Agreement (Agl Resources Inc)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Credit Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 5 contracts

Samples: Credit Agreement (Isle of Capri Casinos Inc), Secured Credit Agreement (Owens Illinois Inc /De/), Secured Credit Agreement (Owens Illinois Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Credit Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct 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 3 contracts

Samples: Credit Agreement (On Deck Capital, Inc.), Fourth Amended and Restated 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 Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 3 contracts

Samples: Revolving Credit and Guaranty Agreement, Revolving Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (Pacific Energy Resources LTD)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects (provided that if any representation or warranty is by its terms qualified by concepts of materiality, such representation shall be true and correct in all respects) on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 3 contracts

Samples: Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 3 contracts

Samples: Revolving Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (Pacific Energy Resources LTD), Credit and Guaranty Agreement (Carters Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct 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 representation and warrant that is already qualified or modified by materiality in the context thereof.

Appears in 2 contracts

Samples: Credit Agreement (Molycorp, Inc.), Credit Agreement (Molycorp, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement Credit Agreement, after giving effect to the amendments contained in Section 1 of this Amendment, are and will be true true, correct and correct complete in all material respects on and as of each of the Second Amendment Effective Date Date, 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Amended Agreement are and will be true true, correct and correct complete in all material respects on and as of the 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (La Quinta Properties Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects (provided that if any representation or warranty is by its terms qualified by concepts of materiality, such representation shall be true and correct in all respects) on and as of the 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 and correct in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.01 of the Amended Credit Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Long Term Credit Agreement (Steelcase Inc), Short Term Credit Agreement (Steelcase Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects on and as of the Second First Amendment Effective Date (after giving effect to the amendments and waivers contained herein) 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Amended Credit Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (McDermott International Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Credit Agreement are and will be true and correct in all material respects on and as of the 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 and correct 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 Amended Credit Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second 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 true, correct and correct complete in all material respects on and as of such earlier date.. G.

Appears in 1 contract

Samples: Credit Agreement (Burns International Services Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article 5 of the Amended Agreement are and will be true and correct in all material respects on and as of the 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 and correct 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 4 III of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (SITEL Worldwide Corp)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 4 Article V of the Amended Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second Fifth 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Aimco Properties Lp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 III of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.. 4

Appears in 1 contract

Samples: Credit Agreement (SITEL Worldwide Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects on and as of the Second Amendment Effective Date date hereof to the same extent as though made on and as of that date, except (i) to the extent such representations and warranties specifically relate to an earlier date, in which case they were true and correct in all material respects on and as of such earlier date, and (ii) no representation or warranty shall be made as to the matters set forth in Section 4.2, Section 4.6(ii) and Section 4.16 of the Amended Agreement.

Appears in 1 contract

Samples: Credit Agreement (Agl Resources Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Credit Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (L 3 Communications Corp)

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Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 4 Article V of the Amended Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second Fourth 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Aimco Properties Lp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Amended Agreement are and will be true and correct in all material respects on and as of the Second date hereof and the First Amendment Effective Date to the same extent as though made on and as of that dateDate, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Express Parent LLC)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article V of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date, in each case after giving effect to this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Post Holdings, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Credit Agreement are and will be true and correct in all material respects on and as of the Second Fourth 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement Credit Agreement, after giving effect to the amendments contained in Sections 1 and 2 of this Amendment, are and will be true true, correct and correct complete in all material respects on and as of each of the Second Amendment Effective Date Date, 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Third Omnibus Amendment Regarding Third Amended and Restated Credit Agreement (L 3 Communications Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Amended Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second 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 true, correct and correct complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Alliance Imaging Inc /De/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Amended Agreement Credit Agreement, as amended by this Amendment, are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Amended Agreement are and will be true and correct in all material respects on and as of the date hereof and on the Second Amendment Effective Date to the same extent as though made on and as of that dateDate, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Asset Based Loan Credit Agreement (Express Parent LLC)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Agreement are and will be true and correct in all material respects on and as of the 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Agl Resources Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article V of the Amended Agreement are and will be true and correct in all material respects on and as of the Second Amendment and 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 and correct in all material respects on and as of such earlier date, in each case after giving effect to this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Post Holdings, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Integer Holdings Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Amended Credit Agreement are and will be true true, correct and correct complete in all material respects on and as of the Second Amendment Effective Date and/or Extension Effective Date (as applicable), 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, correct and correct complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: 364 Day Credit Agreement (L 3 Communications Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 III of the Amended Agreement are and will be true and correct in all material respects on and as of the Second 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 and correct in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (SITEL Worldwide Corp)

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