No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer of Holdings on the initial Borrowing date (i) stating that no Default has occurred and is continuing and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects.
Appears in 10 contracts
Samples: Credit Agreement (Integral Ad Science Holding Corp.), Credit Agreement (Cvent Holding Corp.), Credit Agreement (Integral Ad Science Holding Corp.)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings each Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 9 contracts
Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 9 contracts
Samples: Credit Agreement (Myr Group Inc.), Credit Agreement (Ethan Allen Interiors Inc), Credit Agreement (Myr Group Inc.)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings on the Borrower Representative and dated the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 9 contracts
Samples: Credit Agreement (ODP Corp), Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings on each Borrower, dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct in all material respects as of such date except that any representation date, and warranty that is qualified (iii) certifying as to “materiality” or “Material Adverse Effect” shall any other factual matters as may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 8 contracts
Samples: Credit Agreement (SMG Industries Inc.), Credit Agreement (Farmer Brothers Co), Credit Agreement (Vera Bradley, Inc.)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer of Holdings on a Financial Officer and dated the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 6 contracts
Samples: Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp), Credit Agreement (Brunswick Corp)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower Representative, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 5 contracts
Samples: Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings each Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Griffon Corp), Credit Agreement (Cott Corp /Cn/)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower on the initial Borrowing date (i) stating that no Default has occurred and is continuing and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects.
Appears in 3 contracts
Samples: Credit Agreement (Sailpoint Technologies Holdings, Inc.), Credit Agreement (ExlService Holdings, Inc.), Credit Agreement
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Company, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 3 contracts
Samples: Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc), Credit Agreement (Lifetime Brands, Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings on the initial Borrowing date Borrower Representative, dated as of the Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is (or if qualified as to by “materiality” or and “Material Adverse Effect” shall be true and correct or similar language, in all respectsrespects (after giving effect to such qualification)) and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings on the initial Borrowing date Borrower, dated as of the Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III 3 are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (A.S.V., LLC), Credit Agreement (Manitex International, Inc.)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings on the initial Borrowing date Borrower Representative and dated the Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Fifth & Pacific Companies, Inc.), Credit Agreement (Claiborne Liz Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Responsible Officer of Holdings on the initial Borrowing date Borrower Representative, dated as of the Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (American Eagle Outfitters Inc), Credit Agreement (American Eagle Outfitters Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings on Borrower and dated the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings on the initial Borrowing date Borrower, dated as of the Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (A.S.V., LLC), Credit Agreement (Manitex International, Inc.)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized a financial officer of Holdings Holdings, on the initial Borrowing date (i) stating that no Default has occurred and is continuing continuing, and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respectsdate.
Appears in 2 contracts
Samples: Credit Agreement (Libbey Inc), Credit Agreement (Libbey Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized a Financial Officer or other executive officer of Holdings the Borrower, on the initial Borrowing date (i) stating that no Default or Event of Default has occurred and is continuing and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respectsdate.
Appears in 2 contracts
Samples: Credit Agreement (Dean Foods Co), Credit Agreement (Dean Foods Co)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (ExlService Holdings, Inc.), Credit Agreement (ExlService Holdings, Inc.)
No Default Certificate. The Administrative Agent Agents shall have received a certificate, signed by an authorized the chief financial officer of Holdings the US Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agents.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Responsible Officer of Holdings the Borrower Representative, on the initial Borrowing date Effective Date (i) stating that no Default or Event of Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respectsdate.
Appears in 1 contract
Samples: Credit Agreement
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings Holdings, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer or treasurer of Holdings the Borrower Representative, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Lifetime Brands, Inc)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings each Borrower on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respectsthe Effective Date.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer and the general counsel of Holdings the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Virtusa Corp)
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings ANS, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent and the Joint Collateral Agents shall have received a certificate, signed by an authorized officer the Chief Financial Officer of Holdings the Company, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except date, (iii) confirming that the conditions set forth in this Section 4.01 shall have been satisfied and (iv) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings the Borrower, on the initial Borrowing date Closing Date (i) stating that no Default has occurred and is continuing continuing, and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respectsdate.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings on the initial Borrowing date New Parent, (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects on and as of such date except that any representation date, and warranty that is qualified (iii) certifying as to “materiality” or “Material Adverse Effect” shall such other factual matters as may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer of Holdings on the initial Borrowing date (i) stating that no Default has occurred and is continuing and (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects..
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized officer a Financial Officer of Holdings the Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date except that date, and (iii) certifying any representation and warranty that is qualified other factual matters as to “materiality” or “Material Adverse Effect” shall may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
No Default Certificate. The Administrative Agent shall have received a certificate, signed by an authorized the chief financial officer of Holdings Borrower Representative, on the initial Borrowing date (i) stating that no Default or Event of Default has occurred and is continuing and continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date in all material respects as of (to the extent such date except that any representation representations and warranty that is warranties are not otherwise qualified as to “materiality” by materiality or “Material Adverse Effect” shall ), and (iii) certifying any other factual matters as may be true and correct in all respectsreasonably requested by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Mgi Pharma Inc)