No Adverse Claim. The Borrower warrants, acknowledges, and agrees that no events have taken place and no circumstances exist at the date hereof that would give the Borrower a basis to assert a defense, offset, or counterclaim to any claim of the Bank with respect to the Obligations.
Appears in 21 contracts
Samples: Credit Agreement (MidWestOne Financial Group, Inc.), Credit Agreement (MidWestOne Financial Group, Inc.), Credit Agreement (MidWestOne Financial Group, Inc.)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lenders with respect to the Obligations.
Appears in 15 contracts
Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc), Credit Agreement (Quantum Fuel Systems Technologies Worldwide Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or the Lenders with respect to the ObligationsObligations or the Borrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 11 contracts
Samples: Credit Agreement (Matrix Bancorp Inc), Credit Agreement (Matrix Bancorp Inc), Credit Agreement (Nn Inc)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lenders with respect to the Obligations.
Appears in 10 contracts
Samples: Credit Agreement (Dolan Co.), Third Amended and Restated Credit Agreement (Dolan Co.), Credit Agreement (Dolan Co.)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or the Banks with respect to the Obligations.
Appears in 10 contracts
Samples: Credit Agreement (Marten Transport LTD), Credit Agreement (Marten Transport LTD), Credit Agreement (Lecg Corp)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the ObligationsBorrower’s obligations under the Credit Agreement as amended by this Amendment.
Appears in 9 contracts
Samples: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the Obligations.
Appears in 8 contracts
Samples: Credit Agreement (Magstar Technologies Inc), Credit Agreement (Magstar Technologies Inc), Credit Agreement (Magstar Technologies Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the Obligationsobligations.
Appears in 7 contracts
Samples: Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.), Credit Agreement (Galaxy Gaming, Inc.)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the Secured Obligations.
Appears in 7 contracts
Samples: Warehousing Credit Agreement (MDC Holdings Inc), Warehousing Credit Agreement (MDC Holdings Inc), Warehousing Credit Agreement (MDC Holdings Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lenders with respect to the ObligationsBorrower’s obligations under the Credit Agreement as amended by this Amendment.
Appears in 6 contracts
Samples: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Administrative Agent or the Lenders with respect to the Obligations.
Appears in 6 contracts
Samples: Senior Secured Superpriority Debtor in Possession Credit, Security and Guaranty Agreement (Horsehead Holding Corp), Senior Secured Superpriority Debtor in Possession Credit Agreement (Horsehead Holding Corp), Senior Secured Superpriority Debtor in Possession Credit Agreement (Horsehead Holding Corp)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the Obligationsobligations of the Borrower and the Guarantors under the Loan Agreement and the other Loan Documents.
Appears in 6 contracts
Samples: Loan Agreement (Wildfire New PubCo, Inc.), Loan Agreement (Wildfire New PubCo, Inc.), Loan Agreement (Bridger Aerospace Group Holdings, Inc.)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the Obligations.
Appears in 6 contracts
Samples: Credit Agreement (Cabelas Inc), Credit Agreement (Dolan Media CO), Credit Agreement (Dolan Media CO)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank any Lender with respect to the Obligations.
Appears in 5 contracts
Samples: Extension Agreement (Golden Oval Eggs LLC), Credit Agreement (Golden Oval Eggs LLC), Extension and Amendment Agreement (Golden Oval Eggs LLC)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or the Banks with respect to the ObligationsObligations or the Borrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 5 contracts
Samples: Credit Agreement (Marten Transport LTD), Credit Agreement (Marten Transport LTD), Credit Agreement (Marten Transport LTD)
No Adverse Claim. The Borrower warrantsBorrowers warrant, acknowledges, acknowledge and agrees agree that no events have been taken place and no circumstances exist at the date hereof that which would give the any Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the ObligationsBorrowers' obligations under the Credit Agreement as amended by this Amendment.
Appears in 5 contracts
Samples: Credit Agreement (WTC Industries Inc), Credit Agreement (WTC Industries Inc), Credit Agreement (WTC Industries Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 5 contracts
Samples: Credit Agreement (Health Risk Management Inc /Mn/), Credit Agreement (Health Risk Management Inc /Mn/), Credit Agreement (Health Risk Management Inc /Mn/)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to the Obligations.
Appears in 4 contracts
Samples: Credit Agreement (RTW Inc /Mn/), Credit Agreement (RTW Inc /Mn/), Credit Agreement (RTW Inc /Mn/)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 3 contracts
Samples: Credit Agreement (Sunrise International Leasing Corp), Credit Agreement (Sunrise International Leasing Corp), Letter Loan Agreement (Ault Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to the ObligationsBorrower's obligations under the Amended and Restated Credit Agreement as amended by this Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Lawson Software Inc), Credit Agreement (Lawson Software Inc)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or any Banks with respect to the Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Plato Learning Inc), Credit Agreement (Plato Learning Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that to the Borrower's knowledge no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 2 contracts
Samples: Credit Agreement (Buca Inc /Mn), Credit Agreement (Buca Inc /Mn)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Dolan Media CO), Credit Agreement (Dolan Media CO)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at as of the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the Obligations.
Appears in 2 contracts
Samples: Credit Agreement (Magstar Technologies Inc), Credit Agreement (Magstar Technologies Inc)
No Adverse Claim. The Borrower warrants, acknowledges, and agrees that no events have taken place and no circumstances exist at the date hereof that would give the Borrower a basis to assert a defense, offset, or counterclaim to any claim of the Bank with respect to the Obligations. Section 5.
Appears in 1 contract
Samples: Credit Agreement (MidWestOne Financial Group, Inc.)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the ObligationsBorrower's obligations under the Credit Agreement, the Notes or any other document executed in connection with the Credit Agreement.
Appears in 1 contract
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that would whichwould give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 1 contract
No Adverse Claim. The Borrower warrants, acknowledges, and agrees that no events have taken place and no circumstances exist at the date hereof that would give the Borrower a basis to assert a defense, offset, or counterclaim to any claim of the Bank with respect to the Obligations. Section 7.
Appears in 1 contract
Samples: Credit Agreement (MidWestOne Financial Group, Inc.)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or the Lenders with respect to the ObligationsObligations or the Borrower’s obligations under the Credit Agreement as amended by this Amendment.
Appears in 1 contract
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees ---------------- that to the Borrower's knowledge no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Administrative Agent of any Lender with respect to the Obligations.
Appears in 1 contract
Samples: Loan Agreement (Choctaw Resort Development Enterprise)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place plate and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lender with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 1 contract
Samples: Loan Agreement (Ault Inc)
No Adverse Claim. The Borrower Borrowers each warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower Borrowers a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to the ObligationsObligations as amended by this Amendment.
Appears in 1 contract
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks or the Agent with respect to the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Norstan Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lenders or the Administrative Agent with respect to the Obligations.
Appears in 1 contract
Samples: Credit Agreement (Cabelas Inc)
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the any Bank with respect to the Obligations.
Appears in 1 contract
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that to the Borrower's knowledge no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the ObligationsBorrower's obligations under the Credit Agreement as amended by this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Administrative Agent or the Lenders with respect to the ObligationsBorrower’s obligations under the Loan Documents as amended by this Amendment.
Appears in 1 contract
Samples: Credit Agreement (Hawkins Inc)
No Adverse Claim. The Each Borrower hereby warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to such Borrower's obligations under the ObligationsCredit Agreement, as amended by this Amendment.
Appears in 1 contract
Samples: Credit Agreement (California Community Bancshares Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the ObligationsBorrower’s obligations under the Loan Documents.
Appears in 1 contract
Samples: Increase Commitment Agreement (Horton D R Inc /De/)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges ---------------- and agrees that no events have taken place and no circumstances exist at the date hereof that would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Banks with respect to the ObligationsBorrower's obligations under the Loan Documents.
Appears in 1 contract
Samples: Agreement to Increase Commitment Amount (MDC Holdings Inc)
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that to the Borrower's knowledge no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, or counterclaim to any claim of the Bank with respect to the Obligations.assert
Appears in 1 contract
Samples: Credit Agreement (Buca Inc /Mn)
No Adverse Claim. The Borrower warrantsBorrowers hereby warrant, acknowledges, acknowledge and agrees agree that no events have been taken place and no circumstances exist at the date hereof that which would give the Borrower Borrowers a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or the Banks with respect to the ObligationsBorrowers" obligations under the Credit Agreement, as amended by this Amendment.
Appears in 1 contract
No Adverse Claim. The Each Borrower warrants, acknowledges, acknowledges and agrees that no events have been taken place and no circumstances exist at the date hereof that which would give the such Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Lenders with respect to the Obligations.
Appears in 1 contract
No Adverse Claim. The Borrower warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank Agent or the Banks with respect to the Obligations.
Appears in 1 contract
No Adverse Claim. The Borrower hereby warrants, acknowledges, acknowledges and agrees that no events have taken place and no circumstances exist at the date hereof that which would give the Borrower a basis to assert a defense, offset, offset or counterclaim to any claim of the Bank with respect to the ObligationsBorrower's obligations under the Credit Agreement, as amended by this Amendment.
Appears in 1 contract
Samples: Credit Agreement (California Community Bancshares Inc)
