Common use of No Default Certificate Clause in Contracts

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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.)

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No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the each Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 9 contracts

Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co), Joinder Agreement (Levi Strauss & Co)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, on Borrower Representative and dated the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 9 contracts

Samples: Fourth Amended (ODP Corp), Second Amendment (ODP Corp), Credit Agreement (Office Depot Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of each Borrower, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (SMG Industries Inc.), Credit Agreement (Farmer Brothers Co), Execution Version Credit Agreement (Vera Bradley, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial an authorized officer of the Borrower, 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, date except that any representation and (iii) certifying any other factual matters warranty that is qualified as may to “materiality” or “Material Adverse Effect” shall be reasonably requested by the Administrative Agenttrue and correct in all respects.

Appears in 7 contracts

Samples: Credit Agreement (Cvent Holding Corp.), Credit Agreement (Integral Ad Science Holding Corp.), Credit Agreement (Jamf Holding Corp.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by a Financial Officer and dated the chief financial officer of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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 the chief financial officer a Financial Officer of the Borrowereach Borrower and each other Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 6 contracts

Samples: Intercreditor Agreement (Wesco International Inc), Credit Agreement (G Iii Apparel Group LTD /De/), Credit Agreement (Vitran Corp Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower Representative, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 5 contracts

Samples: Assignment and Assumption (Edgen Group Inc.), Assignment and Assumption (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of each Borrower and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 5 contracts

Samples: Assignment and Assumption (iPower Inc.), Credit Agreement (Haynes International Inc), Credit Agreement (Clarus Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the each Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/), Trademark License Agreement (Coolbrands International Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, Borrower 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, date except that any representation and (iii) certifying any other factual matters warranty that is qualified as may to “materiality” or “Material Adverse Effect” shall be reasonably requested by the Administrative Agenttrue 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 the chief financial officer a Responsible Officer of each Borrower, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, continuing and (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Rivian Automotive, Inc. / DE), Credit Agreement (Rivian Automotive, Inc. / DE), Intercreditor Agreement (Rivian Automotive, Inc. / DE)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of each Borrower and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (AtriCure, Inc.), Credit Agreement (Escalade Inc), Credit Agreement (Escalade Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Globalscape Inc), Credit Agreement (Globalscape Inc), Credit Agreement (CRH Medical Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerCompany, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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 the chief financial officer of the Borrowereach Borrower and each other Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Ddi Corp), Credit Agreement (Metalico Inc), Credit Agreement (A. H. Belo CORP)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer or treasurer of the each Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 3 contracts

Samples: Desktop Appraisal (Cott Corp /Cn/), Desktop Appraisal (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of Holdings and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.), Credit Agreement (Global Brass & Copper Holdings, Inc.), Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Assignment and Assumption (Paycom Software, Inc.), Term Credit Agreement (Paycom Software, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Restatement Date (i) stating that no Default has occurred and is 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, 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 (CompoSecure, Inc.), Credit Agreement (CompoSecure, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer each Loan Party and a Financial Officer of each Borrower, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, 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 (Cricut, Inc.), Credit Agreement (Cricut, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief a financial officer of the BorrowerHoldings, 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 as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

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 the chief financial officer a Responsible Officer of the BorrowerBorrower Representative, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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 the chief financial officer a Financial Officer of the BorrowerCompany, on dated as of the initial Borrowing date Restatement Date (i) stating that no Default has occurred and is 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, 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 (Opko Health, Inc.), Credit Agreement (Opko Health, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of each of the Borrower Representative and the Canadian Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Park Ohio Industries Inc/Oh), Credit Agreement (Park Ohio Holdings Corp)

No Default Certificate. The Term Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrowera Secretary or Assistant Secretary, on the initial Borrowing date Closing Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Term Administrative Agent.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Orchard Supply Hardware Stores Corp), Credit Agreement (Orchard Supply Hardware Stores Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial an authorized officer of the Borrower, 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, 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. (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.e)

Appears in 2 contracts

Samples: Credit Agreement (Jamf Holding Corp.), Execution Version Credit Agreement (Jamf Holding Corp.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer or President of the Borrowereach Borrower and each other Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (U.S. Auto Parts Network, Inc.), Credit Agreement (U.S. Auto Parts Network, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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, dated the Effective Date and signed by the chief financial officer a Financial Officer of the Borrower, on the initial Borrowing date Borrower certifying (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III this Agreement and the other Loan Documents are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Natural Resource Partners Lp), Credit Agreement (Natural Resource Partners Lp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III 3 are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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 certificateCompliance Certificate, signed by the chief financial officer of the BorrowerFinancial Officer, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III V are true and correct as of such date, (iii) demonstrating compliance with the financial covenants set forth in Section 7.12, and (iiiiv) certifying any other factual matters as may be reasonably requested by the Administrative AgentLender.

Appears in 2 contracts

Samples: Credit Agreement (Smith & Wesson Holding Corp), Credit Agreement (Smith & Wesson Holding Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, 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 (Charlotte's Web Holdings, Inc.), Credit Agreement (JOINT Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of Borrower and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, 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 (Meet Group, Inc.), Credit Agreement (MeetMe, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of each Borrower, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by to the Administrative AgentAvailability on the Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Rti Surgical, Inc.), Credit Agreement (Sagent Pharmaceuticals, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of Borrower and dated the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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 the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, continuing as of such date and (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, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

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

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial a Financial Officer or other executive officer of the Borrower, on the initial Borrowing date (i) stating that no Default or Event of Default has occurred and is continuing, continuing and (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

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 the chief financial officer of the Borrower, Borrower on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such datedate 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 shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerCompany, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, continuing and (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Senior Secured (Bed Bath & Beyond Inc), Credit Agreement

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, 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 (or if any representation or warranty is expressly stated to have been made as of a specific date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agentof such specific date).

Appears in 2 contracts

Samples: Assignment and Assumption (Shake Shack Inc.), Assignment and Assumption (Shake Shack Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, dated the Effective Date and signed by the chief financial officer President, a Vice President or a Financial Officer of the Borrower, on the initial Borrowing date confirming (i) stating that no Default has occurred compliance with the conditions set forth in paragraphs (a) and is continuing, (b) of Section 4.02 and (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Fisher Communications Inc), Credit Agreement (Fisher Communications Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerBorrower Representative, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such datedate (or if qualified by “materiality” and “Material Adverse Effect” or similar language, in all respects (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 the chief financial officer of the BorrowerCompany, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct on and as of such date, and (iii) certifying any as to such other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Dress Barn Inc), Credit Agreement (Dress Barn Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Responsible Officer of the BorrowerCompany, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying the absence of any injunction or temporary restraining order that would prohibit the making of any Loans and (iv) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (CSS Industries Inc), Credit Agreement (CSS Industries Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of Parent, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, continuing and (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct in all material respects (or if qualified by materiality, in all respects) as of such date (or, if made as of an earlier date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agentof such earlier date).

Appears in 1 contract

Samples: Credit Agreement (Schweitzer Mauduit International Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrowereach Borrower and each other Loan Party, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Interline Brands, Inc./De)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerParent, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct in all material respects (or for representations and warranties qualified by materiality, including Material Adverse Effect, true and correct after giving effect to any qualification therein in all respects) as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Gogo Inc.)

No Default Certificate. The Administrative Agent shall have has received a certificate, signed by the chief financial officer a Financial Officer of each Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.and

Appears in 1 contract

Samples: Credit Agreement (Allbirds, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of each Borrower and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.. (e)

Appears in 1 contract

Samples: Version Credit Agreement (Nautilus, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial an officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (SEACOR Marine Holdings Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Coolbrands International Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuingcontinuing as of such date, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Mesa Laboratories Inc /Co)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of Holdings and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.. (e)

Appears in 1 contract

Samples: Term Loan Credit Agreement (Global Brass & Copper Holdings, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerBorrower and by an officer or member of each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is 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, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Exactech Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer or chief executive officer of the BorrowerBorrower on behalf of each Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Us Concrete Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Restatement Date (i) stating that no Default has occurred and is 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, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.. (e)

Appears in 1 contract

Samples: Credit Agreement (CompoSecure, Inc.)

No Default Certificate. The Administrative Agent shall have has received a certificate, signed by the chief financial officer a Financial Officer of each Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Allbirds, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of each Borrower, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.. (d)

Appears in 1 contract

Samples: Execution Version Credit Agreement (Lawson Products Inc/New/De/)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default or Event of Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

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No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on University dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerANS, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.. CREDIT AGREEMENT EXECUTION COPY

Appears in 1 contract

Samples: Credit Agreement (Ainsworth Lumber Co LTD)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, 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 as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct in material respects as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Myriad Genetics Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerCompany, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Bed Bath & Beyond Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrowereach Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Energy Conversion Devices Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrowereach Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Escalade Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the SYXGIC and each other Borrower, on the initial Borrowing date Third Restatement Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.. 91

Appears in 1 contract

Samples: Credit Agreement (GLOBAL INDUSTRIAL Co)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower Representative, on the initial Borrowing date (i) stating that no Default or Event of Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such datedate in all material respects (to the extent such representations and warranties are not otherwise qualified by materiality or Material Adverse Effect), and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Mgi Pharma Inc)

No Default Certificate. The Administrative Agent shall have has received a certificate, signed by the chief financial officer a Financial Officer of each Borrower, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Francesca's Holdings CORP)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, on the initial Borrowing date Closing 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, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Bluestem Brands, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer or vice president of finance of the Borrower, on dated 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, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Abl Credit Agreement (Petco Holdings Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer or treasurer of the BorrowerBorrower Representative, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Altra Holdings, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer an Authorized Representative of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Natural Grocers by Vitamin Cottage, Inc.)

No Default Certificate. The Administrative Agent Agents shall have received a certificate, signed by the chief financial officer of the US Borrower, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct in all material respects as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative AgentAgents.

Appears in 1 contract

Samples: Credit Agreement (Cellu Tissue Holdings, Inc.)

No Default Certificate. The Administrative Agent and the Joint Collateral Agents shall have received a certificate, signed by the chief financial officer Chief Financial Officer of the BorrowerCompany, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, (iii) confirming that the conditions set forth in this Section 4.01 shall have been satisfied and (iiiiv) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Smithfield Foods Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer or vice president of finance of the Borrower, on dated 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 3 are true and correct in all material respects as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Abl Credit Agreement (Amscan Holdings Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer and the general counsel of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably 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 the chief financial officer a Financial Officer of each Borrower and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III this Amendment and the other Loan Documents are true and correct as of such date, date and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Hydrofarm Holdings Group, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerHoldings, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ethan Allen Interiors Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the GIC and each other Borrower, on the initial Borrowing date Third Restatement Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (GLOBAL INDUSTRIAL Co)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Responsible Officer of the BorrowerBorrower Representative, on the initial Borrowing date Effective Date (i) stating that no Default or Event of Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Catalyst Paper Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Assignment and Assumption (Gulf Island Fabrication Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of each Borrower and each other Loan Party, dated as of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, continuing and (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, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Morgan     Credit Agreement (Acorda Therapeutics Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerCompany, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is 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, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Execution Version Credit Agreement (Opko Health, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificateCompliance Certificate, signed by the chief financial officer of the BorrowerFinancial Officer, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III V are true and correct as of such date, (iii) demonstrating compliance with the financial covenants set forth in Section 7.12, and (iiiiv) certifying any other factual matters as may be reasonably requested by the Administrative AgentLender.

Appears in 1 contract

Samples: Credit Agreement (Smith & Wesson Holding Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: First Amended and Restated Credit Agreement (Escalade Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is 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, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Assignment and Assumption (Omnova Solutions Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial an authorized officer of the Borrower, 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, date except that any representation and (iii) certifying any other factual matters warranty that is qualified as may to “materiality” or “Material Adverse Effect” shall be reasonably requested by the Administrative Agent.true and correct in all respects. Execution Version

Appears in 1 contract

Samples: Credit Agreement (Integral Ad Science Holding Corp.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer, Chief Executive Officer or President of the Borrowereach Borrower and each other Loan Party, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CarParts.com, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, on the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Lifetime Brands, Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer Financial Officer of the Borrower, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Charlotte's Web Holdings, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the Borrower, on Borrower Representative and dated the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Claiborne Liz Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer or vice president of finance of the Borrower, on dated 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 3 are true and correct in all material respects as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Amscan Holdings Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer of the BorrowerNew Parent, on the initial Borrowing date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III are true and correct on and as of such date, and (iii) certifying any as to such other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Ascena Retail Group, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the Borrower, each Borrower on the initial Borrowing date Effective 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 as of such date, and (iii) certifying any other factual matters as may be reasonably requested by the Administrative AgentEffective Date.

Appears in 1 contract

Samples: Credit Agreement (Micron Technology Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, in form and substance satisfactory to the Administrative Agent, signed by the chief financial officer a Financial Officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by the chief financial officer a Financial Officer of the BorrowerBorrower and each other Loan Party, on dated as of the initial Borrowing date Effective Date (i) stating that no Default has occurred and is continuing, (ii) stating that the representations and warranties contained in Article III the Loan Documents are true and correct as of such date, and (iii) certifying as to any other factual matters as may be reasonably requested by the Administrative Agent.. ​

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

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