Common use of No Default Certificate Clause in Contracts

No Default Certificate. The Administrative Agent shall have received a certificate, signed by an Authorized 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 in all material respects (except as to any representation or warranty qualified as to materiality or Material Adverse Effect, in which case such representation or warranty shall be true and correct in all respects) as of such date (or, to the extent such representations and warranties expressly relate to an earlier date, as of such earlier date) and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp)

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No Default Certificate. The Administrative Agent shall have received a certificate, signed by an Authorized a Financial Officer of the Borrower 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 in all material respects (except as that such materiality qualifier shall not be applicable to any representation representations or warranty warranties that already are qualified as to or modified by materiality or Material Adverse Effect, in which case such representation or warranty shall be true and correct in all respectsthe text thereof) as of such date (or, to the extent or if such representations and warranties expressly relate representation or warranty relates to an earlier date, as of such earlier date) ), and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: And Restated Credit Agreement (Wesco International Inc), Pledge and Security Agreement (Wesco International Inc)

No Default Certificate. The Administrative Agent shall have received received, a certificatecertificate (in form and substance reasonably satisfactory to the Administrative Agent), signed by an Authorized Representative, the chief financial officer 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 are true and correct in all material respects as of such date except that (except a) to the extent that such representations and warranties specifically refer to an earlier date, such representations and warranties shall be true and correct in all material respects as to of such earlier date and (b) any representation or and warranty that is qualified as to materiality “materiality” or Material Adverse Effect, in which case such representation or warranty shall be true and correct in all respects) as of such date (or, to the extent such representations and warranties expressly relate to an earlier date, as of such earlier date) and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Medifast Inc), Credit Agreement (Medifast Inc)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by an Authorized Representativea director or equivalent officer of each Borrower and each other Credit Party, on dated as of the initial Borrowing date Closing Date (i) stating that no Default has occurred and is continuing, (ii) stating that the all representations and warranties made by any Credit Party contained herein or in Article III are the other Credit Documents shall be true and correct in all material respects (except as to any representation or warranty qualified as to materiality or Material Adverse Effect, in which case such representation or warranty shall be true and correct in all respects) as of such date (or, to the extent where such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier 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 (Univar Inc.)

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No Default Certificate. The Administrative Agent shall have received a certificate, signed by an Authorized 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 in all material respects (except as to any representation or warranty qualified as to materiality or Material Adverse Effect, in which case such representation or warranty shall be true and correct in all respects) as of such date (or, to the extent such representations and warranties expressly relate to an earlier date, as of such earlier 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 (Potbelly Corp)

No Default Certificate. The Administrative Agent shall have received a certificate, signed by an Authorized Representativethe chief financial officer of the Borrower Representative on behalf of each Borrower, substantially in the form of Exhibit G, 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, except as to the extent any such representation or and warranty qualified as relates to materiality or Material Adverse Effecta prior date, in which case such representation or and warranty shall be true and correct in all respects) material respects as of such date (or, to the extent such representations and warranties expressly relate to an earlier prior date, as of such earlier date) and (iii) certifying any other factual matters as may be reasonably requested by the Administrative Agent.

Appears in 1 contract

Samples: Visteon Corp

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