Common use of No Default; Representations and Warranties; No Material Adverse Effect Clause in Contracts

No Default; Representations and Warranties; No Material Adverse Effect. As of the Amendment Effective Date: (i) the representations and warranties of the Company and the Guarantors in Article VI of the Credit Agreement and in the other Loan Documents as amended hereby shall be true and correct in all material respects (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that the representations and warranties contained in Sections (a) and (b) of Section 6.14 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 7.01 of the Credit Agreement); (ii) no Default or Event of Default shall exist; and (iii) since December 31, 2010, there shall have been no event, development or circumstance that has had or could reasonably be expected to have a Material Adverse Effect.

No Default; Representations and Warranties; No Material Adverse Effect. As of the Amendment Effective Date: (i) the representations and warranties of the Company and the Guarantors in Article VI of the Credit Agreement and in the other Loan Documents as amended hereby shall be true and correct in all material respects (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that the representations and warranties contained in Sections (a) and (b) of Section 6.14 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 7.01 of the Credit Agreement); (ii) no Default or Event of Default shall exist; and (iii) since December 31, 20102011, there shall have been no event, development or circumstance that has had or could reasonably be expected to have a Material Adverse Effect.

No Default; Representations and Warranties; No Material Adverse Effect. As of the Amendment Effective Date: (i) the representations and warranties of the Company and the Guarantors in Article VI of the Credit Agreement and in the other Loan Documents as amended hereby shall be true and correct in all material respects (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that the representations and warranties contained in Sections (a) and (b) of Section 6.14 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 7.01 of the Credit Agreement); (ii) no Default or Event of Default shall exist; and (iii) since December 31, 20102012, there shall have been no event, development or circumstance that has had or could reasonably be expected to have a Material Adverse Effect.

No Default; Representations and Warranties; No Material Adverse Effect. As of Both before and after giving effect to the Amendment Effective DateUtica Transfer: (i) except as waived hereunder, the representations and warranties of the Company and the Guarantors in Article VI of the Credit Agreement and in the other Loan Documents as amended hereby shall be true and correct in all material respects (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that the representations and warranties contained in Sections (a) and (b) of Section 6.14 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 7.01 of the Credit Agreement);. (ii) no Default or Event of Default shall exist; , and (iii) since December 31May 7, 2010, there shall have been no event, development or circumstance that has had or could reasonably be expected to have a Material Adverse Effect.

No Default; Representations and Warranties; No Material Adverse Effect. As of Both before and after giving effect to the Borrowing on the Amendment Effective Date, the Provident Acquisition and the BEC Contribution, and after giving effect thereto: (i) except as waived hereunder, the representations and warranties of the Company and the Guarantors in Article VI of the Credit Agreement and in the other Loan Documents as amended hereby shall be true and correct in all material respects (except to the extent such representations and warranties expressly refer to an earlier date, in which case they shall be true and correct as of such earlier date, and except that the representations and warranties contained in Sections (a) and (b) of Section 6.14 of the Credit Agreement shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b), respectively, of Section 7.01 of the Credit Agreement);. (ii) no Default or Event of Default shall exist; , and (iii) since December 31, 20102007, there shall have been no event, development or circumstance that has had or could reasonably be expected to have a Material Adverse Effect.