Common use of Limitation on Representations and Warranties Clause in Contracts

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative or the Term Agent) and without recourse of any kind, except that the selling party shall represent and warrant: (i) the amount of the ABL Obligations or Term Obligations, as applicable, being purchased from it, (ii) that such ABL Secured Party or Term Secured Party, as applicable, owns the ABL Obligations or Term Obligations, as applicable, free and clear of any Liens or encumbrances and (iii) that such ABL Secured Party or Term Secured Party, as applicable, has the right to assign such ABL Obligations or Term Obligations, as applicable, and the assignment is duly authorized.

Appears in 4 contracts

Samples: Loan Agreement (Horizon Global Corp), Credit Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)

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Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative Representative or the Term AgentLoan Representative) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Loan Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Loan Secured Party, as applicable, owns the ABL Obligations or Term Loan Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Loan Secured Party, as applicable, has the right to assign such ABL Obligations or Term Loan Obligations, as applicable, and the assignment is duly authorized.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc), Second Lien Credit Agreement (Lifetime Brands, Inc)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Agent or the Term Loan Agent) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Obligations (as defined in the Term ObligationsLoan Credit Agreement), as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Loan Secured Party, as applicable, owns the ABL Obligations or Term Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Loan Secured Party, as applicable, has the right to assign such ABL Obligations or Term Obligations, as applicable, and the assignment is duly authorized.

Appears in 3 contracts

Samples: Intercreditor Agreement (AZEK Co Inc.), Intercreditor Agreement (CPG Newco LLC), Intercreditor Agreement (CPG Newco LLC)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Representative or the Term AgentNotes Representative) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Notes Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Notes Secured Party, as applicable, owns the ABL Obligations or Term Notes Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Notes Secured Party, as applicable, has the right to assign such ABL Obligations or Term Notes Obligations, as applicable, and the assignment is duly authorized.

Appears in 2 contracts

Samples: Intercreditor Agreement (Daktronics Inc /Sd/), Intercreditor Agreement (Us Concrete Inc)

Limitation on Representations and Warranties. Such Any purchase under this Section 7 shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Agent or the Term Loan Agent) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Loan Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Loan Secured Party, as applicable, owns the ABL Obligations or Term Loan Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Loan Secured Party, as applicable, has the right to assign such ABL Obligations or Term Loan Obligations, as applicable, and the assignment is duly authorized.

Appears in 2 contracts

Samples: Intercreditor Agreement (U.S. Well Services, Inc.), Intercreditor Agreement (U.S. Well Services, Inc.)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Representative or the Term AgentNote Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Note Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Note Secured Party, as applicable, or the Borrower owns the ABL Obligations or Term Note Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Note Secured Party, as applicable, has the right to assign such ABL Obligations or Term Note Obligations, as applicable, and the assignment is duly authorized.

Appears in 2 contracts

Samples: Intercreditor Agreement (Easton-Bell Sports, Inc.), Indenture (Easton-Bell Sports, Inc.)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Agent or the Term AgentNotes Collateral Agents) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Notes Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Notes Secured Party, as applicable, owns the ABL Obligations or Term Notes Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Notes Secured Party, as applicable, has the right to assign such ABL Obligations or Term Notes Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Abercrombie & Fitch Co /De/)

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Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or including the applicable representative ABL Representative or the Term AgentDebt Representative, if applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Debt Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Secured Party, as applicable, selling party owns the ABL Obligations or Term Debt Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Secured Party, as applicable, selling party has the right to assign such ABL Obligations or Term Debt Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Smithfield Foods Inc)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Agent or the Term Agent) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Secured Party, as applicable, owns the ABL Obligations or Term Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Secured Party, as applicable, has the right to assign such ABL Obligations or Term Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Abercrombie & Fitch Co /De/)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable representative ABL Agent or the Term Agent) and without recourse of any kind, except that the selling party shall represent and warrant: (ia) the amount of the ABL Obligations or Term Obligations, as applicable, being purchased from it, (iib) that such ABL Secured Party or Term Secured Party, as applicable, owns the ABL Obligations or Term Obligations, as applicable, free and clear of any Liens or encumbrances and (iiic) that such ABL Secured Party or Term Secured Party, as applicable, has the right to assign such ABL Obligations or Term Obligations, as applicable, and the assignment is duly authorized.. ARTICLE 8

Appears in 1 contract

Samples: Intercreditor Agreement

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