Common use of No Default, etc Clause in Contracts

No Default, etc. (i) No Significant Event, Unmatured Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (ii) the representations and warranties of Borrower contained in Article VIII are true and correct as of the date of such requested Loan, with the same effect as though made on the date of such Loan, and (iii) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (i), (ii) and (iii) in the preceding sentence are true and correct.

Appears in 3 contracts

Samples: Loan Agreement (G&k Services Inc), Loan Agreement (Oxford Industries Inc), Loan Agreement (G&k Services Inc)

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No Default, etc. (i) No Significant Event, Unmatured Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (ii) the representations and warranties of Borrower contained in Article VIII are true and correct in all material respects as of the date of such requested LoanLoan (except any representation and warranty which by its express terms relates to a specific date or period, which shall be true and correct in all material respects as of such specific date or period), with the same effect as though made on the date of such Loan, and (iii) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (i), (ii) and (iii) in the preceding sentence are true and correct.

Appears in 1 contract

Samples: Loan Agreement (Us Xpress Enterprises Inc)

No Default, etc. (i) No Significant Event, Event or Unmatured Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (ii) no Servicer Event of Default has occurred and is continuing, (iii) the representations and warranties of Borrower and Master Servicer contained in Article VIII are true and correct as of the date of such requested Loan, with the same effect as though made on the date of such Loan, and (iiiiv) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (i), (ii), (iii) and (iiiiv) in the preceding sentence are true and correct.

Appears in 1 contract

Samples: Loan Agreement (Baldor Electric Co)

No Default, etc. (i) No Significant Event, Event or Unmatured Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (ii) the representations and warranties of Borrower and Servicer contained in Article VIII are true and correct as of the date of such requested Loan, with the same effect as though made on the date of such Loan, and (iii) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (i), (ii) ), and (iii) in the preceding sentence are true and correct.

Appears in 1 contract

Samples: Loan Agreement (Central Freight Lines Inc/Tx)

No Default, etc. (ia) No Significant Event, Event or Unmatured ---------------- Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (iib) no Servicer Event of Default has occurred and is continuing, (c) the representations and warranties of Borrower and Servicer contained in Article VIII are true and correct as of the date of ------------ such requested Loan, with the same effect as though made on the date of such Loan, and (iiid) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (ia), (iib), (c) and (iiid) in the preceding --------- --- --- --- sentence are true and correct.

Appears in 1 contract

Samples: Loan Agreement (Dixie Group Inc)

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No Default, etc. (i) No Significant Event, Event or Unmatured Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (ii) the representations and warranties of Borrower and Master Servicer contained in Article VIII are true and correct as of the date of such requested Loan, with the same effect as though made on the date of such Loan, and (iii) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (i), (ii) ), and (iii) in the preceding sentence are true and correct.

Appears in 1 contract

Samples: Loan Agreement (Covenant Transport Inc)

No Default, etc. (i) No Significant Event, Event or Unmatured Significant Event or Servicer Event of Default has occurred and is continuing or will result from the making of such Loan, (ii) the representations and warranties of Borrower and Servicer contained in Article VIII are true and correct as of the date of such requested Loan, with the same effect as though made on the date of such Loan, and (iii) after giving effect to such Loan, the aggregate unpaid balance of the Loans will not exceed the lesser of the Borrowing Base or the Facility Limit. By making a Borrowing Request, Borrower shall be deemed to have represented and warranted that items (i), (ii) ), and (iii) in the preceding sentence are true and correct.

Appears in 1 contract

Samples: Loan Agreement (Toro Co)

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