Common use of No Default; Representations and Warranties, etc Clause in Contracts

No Default; Representations and Warranties, etc. Each of the Borrowers represents and warrants to the Lenders and the Administrative Agent that as of the date hereof (a) the representations and warranties of the Credit Parties contained in Article III of the Existing Credit Agreement are true and correct in all material respects as of the date hereof as if made on such date (except to extent that such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such date); (b) the Borrowers are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Documents to be observed or performed by them thereunder; (c) no Default or Event of Default has occurred and is continuing; and (d) the execution, delivery and performance by the Borrowers of this Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the Borrowers, (ii) will not violate any applicable law or regulation applicable to the Borrowers or the organizational documents of any Borrower, (iii) will not violate or result in a default under any indenture, agreement or other instrument binding on any Borrower or any of its assets and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent and the Lenders) which has not been obtained.

Appears in 1 contract

Samples: Credit Agreement (Usec Inc)

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No Default; Representations and Warranties, etc. Each of the Borrowers Loan Parties represents and warrants to the Lenders and the Administrative Agent Agents that as of the date hereof and after giving effect to the amendments set forth herein (a) the representations and warranties of the Credit Loan Parties contained in Article III of the Existing Credit Agreement are true and correct in all material respects as of the date hereof as if made on such date (except to extent that such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such date); (b) the Borrowers Loan Parties are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Loan Documents to be observed or performed by them thereunder; (c) no Default or Event of Default has shall have occurred and is be continuing; and (d) the execution, delivery and performance by the Borrowers Loan Parties of this Second Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the BorrowersLoan Parties, (ii) will not violate any applicable material law or regulation applicable to the Borrowers or the organizational documents of any BorrowerLoan Party, (iii) will not violate or result in a default under any material indenture, agreement or other instrument binding on any Borrower Loan Party or any of its assets and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent Agents and the Lenders) which has not been obtained.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

No Default; Representations and Warranties, etc. Each of the Borrowers Loan Parties represents and warrants to the Lenders and the Administrative Agent Agents that as of the date hereof (a) the representations and warranties of the Credit Loan Parties contained in Article III of the Existing Credit Agreement are true and correct in all material respects as of the date hereof as if made on such date (except to extent that such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such date); (b) the Borrowers Loan Parties are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Loan Documents to be observed or performed by them thereunder; (c) no Default or Event of Default has shall have occurred and is be continuing; and (d) the execution, delivery and performance by the Borrowers Loan Parties of this Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the BorrowersLoan Parties, (ii) will not violate any applicable material law or regulation applicable to the Borrowers or the organizational documents of any BorrowerLoan Party, (iii) will not violate or result in a default under any material indenture, agreement or other instrument binding on any Borrower Loan Party or any of its assets and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent Agents and the Lenders) which has not been obtained.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

No Default; Representations and Warranties, etc. Each of the Borrowers Loan Parties represents and warrants to the Lenders and the Administrative Agent Agents that as of the date hereof and after giving effect to the amendments set forth herein (a) the representations and warranties of the Credit Loan Parties contained in Article III of the Existing Credit Agreement are true and correct in all material respects as of the date hereof as if made on such date (except to extent that such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such date); (b) the Borrowers Loan Parties are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Loan Documents to be observed or performed by them thereunder; (c) no Default or Event of Default has shall have occurred and is be continuing; and (d) the execution, delivery and performance by the Borrowers Loan Parties of this Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the BorrowersLoan Parties, (ii) will not violate any applicable material law or regulation applicable to the Borrowers or the organizational documents of any BorrowerLoan Party, (iii) will not violate or result in a default under any material indenture, agreement or other instrument binding on any Borrower Loan Party or any of its assets and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent Agents and the Lenders) which has not been obtained.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

No Default; Representations and Warranties, etc. Each of the Borrowers Loan Parties represents and warrants to the Lenders and the Administrative Agent Agents that as of the date hereof and after giving effect to the amendments set forth herein (a) the representations and warranties of the Credit Loan Parties contained in Article III of the Existing Credit Agreement are true and correct in all material respects as of the date hereof as if made on such date (except to extent that such representations and warranties expressly relate to an earlier date, in which case they shall be true and correct in all material respects as of such date); (b) the Borrowers Loan Parties are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Loan Documents to be observed or performed by them thereunder; (c) no Default or Event of Default has shall have occurred and is be continuing; and (d) the execution, delivery and performance by the Borrowers Loan Parties of this Fourth Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the BorrowersLoan Parties, (ii) will not violate any applicable material law or regulation applicable to the Borrowers or the organizational documents of any BorrowerLoan Party, (iii) will not violate or result in a default under any material indenture, agreement or other instrument binding on any Borrower Loan Party or any of its assets and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent Agents and the Lenders) which has not been obtained.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

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No Default; Representations and Warranties, etc. Each of the Borrowers represents The Credit Parties hereby represent, warrant and warrants to the Lenders and the Administrative Agent that as of the date hereof confirm that: (a) the representations and warranties of the Credit Parties contained in Article III Section 4 of the Existing Credit Agreement are true and correct in all material respects on and as of the date hereof as if made on such date (except to the extent that such representations and warranties expressly relate to an earlier date, in date (which case they shall be true and correct in all material respects as of such date)); (b) after giving effect to this Amendment, the Borrowers Credit Parties are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Documents on their part to be observed or performed by them thereunder; (c) after giving effect to this Amendment, no Default or Event of Default has shall have occurred and is be continuing; and (d) the execution, delivery and performance by the Borrowers Credit Parties of this Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the BorrowersCredit Parties, (ii) have not and will not violate any applicable law or regulation applicable to the Borrowers or the organizational documents Organizational Documents of any BorrowerCredit Party, (iii) have not and will not violate or conflict with, result in a breach of or constitute a default under any indentureContractual Obligation of any Credit Party except to the extent such conflict, agreement breach or other instrument binding on any Borrower or any of its assets default could not reasonably be expected to have an R&W Material Adverse Effect and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent and the LendersBanks) which has not been obtained.

Appears in 1 contract

Samples: Xerium Technologies Inc

No Default; Representations and Warranties, etc. Each of the Borrowers represents The Credit Parties hereby represent, warrant and warrants to the Lenders and the Administrative Agent that as of the date hereof confirm that: (a) the representations and warranties of the Credit Parties contained in Article III Section 4 of the Existing Credit Agreement are true and correct in all material respects on and as of the date hereof as if made on such date (except to the extent that such representations and warranties expressly relate to an earlier date, in date (which case they shall be true and correct in all material respects as of such date)); (b) after giving effect to this Amendment, the Borrowers Credit Parties are in compliance in all material respects with all of the terms and provisions set forth in the Credit Agreement and the other Financing Documents on their part to be observed or performed by them thereunder; (c) after giving effect to this Amendment, no Default or Event of Default has shall have occurred and is be continuing; and (d) the execution, delivery and performance by the Borrowers Credit Parties of this Amendment (i) have been duly authorized by all necessary corporate and, if required, shareholder action on the part of the BorrowersCredit Parties, (ii) have not and will not violate any applicable law or regulation applicable to the Borrowers or the organizational documents Organizational Documents of any BorrowerCredit Party, (iii) have not and will not violate or conflict with, result in a breach of or constitute a default under any indentureContractual Obligation of any Credit Party except to the extent such conflict, agreement breach or other instrument binding on any Borrower or any of its assets default could not reasonably be expected to have a R&W Material Adverse Effect and (iv) do not require any consent, waiver or approval of or by any Person (other than the Administrative Agent and the LendersBanks) which has not been obtained.

Appears in 1 contract

Samples: Credit Agreement (Xerium Technologies Inc)

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