No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 171 contracts
Samples: Credit Agreement (Universal Health Services Inc), Credit Agreement (RE/MAX Holdings, Inc.), Credit Agreement (Cinemark Holdings, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 23 contracts
Samples: Credit Agreement (Enact Holdings, Inc.), Credit Agreement (Investment Technology Group, Inc.), Credit Agreement (Investment Technology Group, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on the date of such date Credit Event or after giving effect to the extensions of credit Credit Event requested to be made on such date. Each borrowing of Loans hereunder, and each request by and the Borrower for the issuance of or extension of an expiry date under a Letter of Credit hereunder (other than the extension of a Letter of Credit on behalf of pursuant to the Borrower hereunder evergreen provisions therein), shall constitute a representation and warranty by the Borrower as of the date of such extension of credit Credit Event that the conditions contained in this Section 5.2 have been satisfied.
Appears in 15 contracts
Samples: Credit Agreement (Fair Isaac Corp), Credit Agreement (Fair Isaac Corp), Credit Agreement (Fair Isaac Corp)
No Default. No Default or Event of Default shall have occurred ---------- and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 13 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (American Pharmaceutical Partners Inc /Ca/), Credit Agreement (Sba Communications Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing of a Revolving Loan by and issuance issuance, extension or renewal of a Letter of Credit on behalf of the Borrower hereunder after the Closing Date shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 12 contracts
Samples: Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp), Intercreditor Agreement (Covetrus, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit Loans requested to be made made, or the Letters of Credit requested to be issued, amended, renewed or extended, on such date. Each borrowing by and issuance of or request for a Letter of Credit on behalf of (or extension thereof) by the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit thereof that the conditions contained in this Section 5.2 5.3 have been satisfied.
Appears in 12 contracts
Samples: Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement, Credit Agreement
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 11 contracts
Samples: Credit Agreement (Roundy's Parent Company, Inc.), Credit Agreement (Henry Schein Inc), Credit Agreement (Henry Schein Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit to the Borrower requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 11 contracts
Samples: And Extension Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp), Credit Agreement (Air Lease Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower Borrowers hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 11 contracts
Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.), Mortgage, Security Agreement (Delek US Holdings, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 5.3 have been satisfied.
Appears in 10 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Wolverine World Wide Inc /De/), Credit Agreement (Wolverine World Wide Inc /De/)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit Loans requested to be made made, or the Letters of Credit requested to be issued, amended, renewed or extended, on such date. Each borrowing by and issuance of or request for a Letter of Credit on behalf of (or extension thereof) by the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit thereof that the conditions contained in this Section 5.2 have been satisfied.
Appears in 8 contracts
Samples: Credit Agreement (Southern California Edison Co), Credit Agreement (Edison International), Credit Agreement (Southern California Edison Co)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the any Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 8 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
No Default. No Default or Event of Default shall have occurred and be continuing as of or on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder hereunder, each Revolving Loan Conversion and each conversion of a Term Loan shall constitute a representation and warranty by the Borrower as of the date of such extension of credit credit, Revolving Loan Conversion or conversion of a Term Loan, as applicable, that the conditions contained in this Section 5.2 have been satisfied.
Appears in 8 contracts
Samples: Credit Agreement (Appian Corp), Credit Agreement (Appian Corp), Credit Agreement (Appian Corp)
No Default. No Subject to Section 1.2(j), no Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the applicable conditions contained in this Section 5.2 have been satisfied.
Appears in 8 contracts
Samples: Credit Agreement (Cco Holdings LLC), Credit Agreement (Cco Holdings Capital Corp), Restatement Agreement (Charter Communications, Inc. /Mo/)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 7 contracts
Samples: Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp)
No Default. No Default or Event of Default shall have occurred and be continuing as of or on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder and each Revolving Loan Conversion shall constitute a representation and warranty by the Borrower as of the date of such extension of credit or Revolving Loan Conversion, as applicable, that the conditions contained in this Section 5.2 have been satisfied.
Appears in 7 contracts
Samples: Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance or increase of the stated amount of a Letter of Credit on behalf of the a Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 6 contracts
Samples: Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by by, and issuance of a Letter of Credit on behalf of of, the Borrower hereunder shall constitute a representation and warranty by Parent, Holdings and the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 7.2 have been satisfiedsatisfied or waived.
Appears in 6 contracts
Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit Loans and Swingline Loans requested to be made made, or the Letters of Credit requested to be issued, amended, renewed or extended, on such date. Each borrowing by and issuance of or request for a Letter of Credit on behalf of (or extension thereof) by the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit thereof that the conditions contained in this Section 5.2 have been satisfied.
Appears in 6 contracts
Samples: Credit Agreement (Southern California Edison Co), Credit Agreement (Edison International), Credit Agreement
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance issuance, increase or extension of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such borrowing or issuance, increase or extension of credit such Letter of Credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Rent a Center Inc De), Guarantee and Collateral Agreement (Rent a Center Inc De)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Kennametal Inc), Credit Agreement, Credit Agreement (Kennametal Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower Holdings as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, Inc), Credit Agreement (Wesco Aircraft Holdings, Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing (other than a Revolving Loan deemed to be made pursuant to Section 2.3(f)) by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or immediately after giving effect to the extensions Extension of credit Credit requested to be made on such date. Each borrowing request by and issuance of a Letter the Borrower for an Extension of Credit on behalf of to be made to the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension Extension of credit Credit that the conditions contained in this Section 5.2 subsection 6.2 have been satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Nbty Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section subsection 5.2 have been satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Lin Tv Corp.), Credit Agreement (Lin Tv Corp.), Credit Agreement (Tesoro Petroleum Corp /New/)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower or the Co-Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Allscripts Healthcare Solutions, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing (other than a Revolving Loan deemed to be made pursuant to Section 2.3(g)) by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (Westar Energy Inc /Ks), Second Extension Agreement (Westar Energy Inc /Ks), Credit Agreement (Westar Energy Inc /Ks)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder (other than on the Closing Date and as agreed by the Administrative Agent and the Additional Lenders as set forth in Section 2.24(b)) shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (WEB.COM Group, Inc.), First Lien Credit Agreement (WEB.COM Group, Inc.), First Lien Credit Agreement (WEB.COM Group, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing as of or on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing Borrowing of Loans by and issuance of a each Letter of Credit issued on behalf of the Borrower hereunder shall be deemed to constitute a representation and warranty by the Borrower as of to the matters specified in clauses (b) and (c) above on the date of such extension Extension of credit that the conditions contained in this Section 5.2 have been satisfiedCredit.
Appears in 4 contracts
Samples: Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.), Credit Agreement (Frontdoor, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder (other than the initial extensions of credit on the Closing Date) shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (CONMED Corp), Credit Agreement (CONMED Corp), Credit Agreement (Conmed Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by by, and issuance of a Letter of Credit on behalf of of, the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 4 contracts
Samples: Joinder Agreement (Agl Resources Inc), Credit Agreement (SunCoke Energy, Inc.), Credit Agreement (Agl Resources Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by by, and issuance each issuance, renewal, extension, increase or amendment of a Letter of Credit on behalf of of, the Borrower hereunder after the Closing Date shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 7.2 have been satisfied.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Ancestry.com LLC), Credit and Guaranty Agreement (Ancestry.com LLC), Credit and Guaranty Agreement (Anvilire)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit Loans requested to be made made, or Letter of Credit requested to be issued, on such date. Each borrowing by the Borrower hereunder, and each request by the Borrower for the issuance of a Letter of Credit on behalf of the Borrower hereunder Credit, shall constitute a representation and warranty by the Borrower as of the date of such extension of credit thereof that the conditions contained in this Section 5.2 subsection have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Bei Medical Systems Co Inc /De/), Credit Agreement (Boston Scientific Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or date, both before and after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the each Borrower hereunder shall constitute a representation and warranty by the Company and such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 4 contracts
Samples: Credit Agreement (First Solar, Inc.), Fourth Amendment (First Solar, Inc.), Credit Agreement (First Solar, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date, including pro forma compliance with each of the financial covenants set forth in Section 7.1(a) and (e) (for the avoidance of doubt the Borrower shall not be required to deliver a Compliance Certificate containing calculations necessary for determining such pro forma compliance). Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder after the Closing Date shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Radiation Therapy Services Holdings, Inc.), Credit Agreement (Radiation Therapy Services Holdings, Inc.), Credit Agreement (Radiation Therapy Services Holdings, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit issued on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension Loan or Letter of credit Credit that the conditions contained in this Section subsection 5.2 have been satisfied.
Appears in 3 contracts
Samples: Delphi Automotive Systems Corp, Delphi Automotive Systems Corp, Delphi Corp
No Default. No Default or Event of Default shall have occurred and be continuing as of or on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder (excluding any Revolving Loan Conversion effectuated by the Issuing Lender pursuant to Section 3.5(b) despite such conditions not being satisfied) shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Organogenesis Holdings Inc.), Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Silver Spring Networks Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.), Credit Agreement (Essent Group Ltd.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing (other than any extension of credit consisting of Incremental Acquisition Debt) by and issuance of a Letter of Credit on behalf of the a Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Thermon Group Holdings, Inc.), Credit Agreement (Thermon Group Holdings, Inc.), Credit Agreement (Thermon Group Holdings, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of either of the Borrower Borrowers hereunder shall constitute a representation and warranty by each of the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder (other than the initial extensions of credit on the Closing Date) shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Second Amendment (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Term Loan Credit Agreement (TTM Technologies Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance each issuance, renewal or extension of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc), Credit Agreement (MSC Industrial Direct Co Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing of a Loan by and each issuance (or extension, or renewal) of a Letter of Credit (including an Auto-Extension Letter of Credit) on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit borrowing that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Novellus Systems Inc), Credit Agreement (Novellus Systems Inc), Term Loan Agreement
No Default. No Default or Event of Default shall have occurred and be continuing as of or on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder hereunder, each Revolving Loan Conversion shall constitute a representation and warranty by the Borrower as of the date of such extension of credit or Revolving Loan Conversion, as applicable, that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (K2m Group Holdings, Inc.), Credit Agreement (K2m Group Holdings, Inc.), Credit Agreement (Demand Media Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder on any date after the Closing Date shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Allison Transmission Holdings Inc), And Collateral Agreement (Allison Transmission Holdings Inc), Credit Agreement (Allison Transmission Holdings Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing by and issuance of a Letter Extension of Credit by or on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit borrowing that the conditions contained in this Section 5.2 Subsection 6.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Atkore International Group Inc.), Credit Agreement (Atkore International Group Inc.), Credit Agreement (Atkore International Group Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the either Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Cogent Management Inc), Credit Agreement (Interstate Bakeries Corp/De/)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each The borrowing of Loans by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.1 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (SWS Group Inc), Credit Agreement (SWS Group Inc), Funding Agreement (Hilltop Holdings Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing of Loans by and issuance issuance, request for amendment or extension of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing of Term Loans by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit borrowing that the conditions contained in this Section 5.2 Subsection 6.2 have been satisfiedsatisfied (excluding, for the avoidance of doubt, the initial Extensions of Credit hereunder).
Appears in 3 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Emergency Medical Services CORP)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the either Borrower hereunder shall constitute a representation and warranty by the any Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing request by and issuance of a Letter Borrower for an Extension of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date on which such Extension of such extension of credit Credit is to be made that the conditions contained in paragraphs (a) and (b) of this Section 5.2 subsection have been satisfied.
Appears in 3 contracts
Samples: Multi Currency Credit Agreement (Harman International Industries Inc /De/), Multi Currency Credit Agreement (Harman International Industries Inc /De/), Multi Currency Credit Agreement (Harman International Industries Inc /De/)
No Default. No Default or Event of Default (subject, in the case of the initial extensions of credit on the Closing Date, to Section 5.2(a) above) shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Sugarloaf Gwinnett Entertainment Company, L.P.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder (other than the initial extensions of credit on the Closing Date and other than with respect to a Protective Advance) shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (TTM Technologies Inc), Credit Agreement (TTM Technologies Inc), Abl Credit Agreement (TTM Technologies Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder (other than the initial extensions of credit on the Closing Date) shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Forrester Research, Inc.), Credit Agreement (Forrester Research, Inc.), Credit Agreement (Forrester Research, Inc.)
No Default. No On the date of each Borrowing hereunder or the issuance of each Letter of Credit, no Default or Event of Default shall have occurred and be continuing on such date or after giving effect to continuing. The request by the extensions Borrower for, and the acceptance by the Borrower of, each extension of credit requested hereunder shall be deemed to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained specified in this Section 5.2 have been satisfiedsatisfied or waived at that time.
Appears in 3 contracts
Samples: Revolving Credit and Guaranty Agreement (Tower International, Inc.), Revolving Credit and Guaranty Agreement (Tower International, Inc.), Credit and Guaranty Agreement (Tower Automotive, LLC)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by Holdings and the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Tronox Inc), Tronox Inc, Credit Agreement (Rent a Center Inc De)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance issuance, amendment, renewal or extension of a Letter of Credit on behalf of the Parent Borrower or any Subsidiary hereunder shall constitute a representation and warranty by the Parent Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Roper Technologies Inc), Credit Agreement (Roper Industries Inc), Credit Agreement (Roper Industries Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 3 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Term Loan Credit Agreement (Clearwater Paper Corp), Term Loan Credit Agreement (Medical Properties Trust Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.3 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Einstein Noah Restaurant Group Inc), Credit Agreement (New World Restaurant Group Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance or extension of a Letter of Credit on behalf of the Borrower, any Subsidiary of the Borrower and any Foreign Subsidiary Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit borrowing that the conditions contained in clauses (a) and (b) of this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Homeside Lending Inc), Revolving Credit Agreement (Homeside Lending Inc)
No Default. No Default or Event of Default shall have occurred ---------- and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of any of the Borrower Borrowers hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 2 contracts
Samples: Agent Agreement (Exide Corp), Credit and Guarantee Agreement (Exide Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (NorthWestern Energy Group, Inc.), Northwestern Corp
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance issuance, increase, extension or renewal of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.02 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Roundy's, Inc.), Credit Agreement (Roundy's, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing request by and issuance of a Letter the Borrowers for an Extension of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension Extension of credit Credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (West Pharmaceutical Services Inc), Credit Agreement (West Pharmaceutical Services Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Tranche A Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Ddi Capital Corp/Dynamic Details Inc), Credit Agreement (Vought Aircraft Industries Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such datedate and the application of proceeds therefrom. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Mirant Corp), Guarantee and Collateral Agreement (Mirant North America, LLC)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Knight Capital Group, Inc.), Credit Agreement (Knight Capital Group, Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions extension of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit issued on behalf of the any Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section subsection 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Apogent Technologies Inc), Credit Agreement (Sybron International Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder (other than the borrowing on the Closing Date) shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Rent a Center Inc De), Term Loan Credit Agreement (Rent a Center Inc De)
No Default. No Subject to Section 1.2(j), no Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the applicable conditions contained in this Section 5.2 have been satisfied.. SECTION 6
Appears in 2 contracts
Samples: Credit Agreement (Cco Holdings LLC), Credit Agreement (Cco Holdings LLC)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension Extension of credit Credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Brookdale Senior Living Inc.), Credit Agreement (Brookdale Senior Living Inc.)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing applicable Revolving Facility Borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 5.3 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Garden SpinCo Corp), Credit Agreement (Neogen Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such datedate and the application of proceeds therefrom. Each borrowing by and issuance of a Letter of Credit on behalf of the a Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Mirant Corp), Guarantee Agreement (Rri Energy Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the making of the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 2 contracts
Samples: Revolving Credit Agreement (B&g Foods Inc), B&g Foods Inc
No Default. No A Default or Event of Default shall have has occurred and be is continuing on such date or would result after giving effect to the extensions any extension of credit requested to be made on such datedate and the Required Lenders shall have determined not to make any extension of credit as a result of that Default or Event of Default. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Alliance Laundry Corp), Credit Agreement (Alliance Laundry Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit Loans requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section subsection 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such particular date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Allied Security Holdings LLC), Credit Agreement (M & F Worldwide Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 4.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Kennametal Inc), Credit Agreement (Kennametal Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by by, submission of a notice of borrowing and issuance of a Letter of Credit on behalf of the either Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (International Multifoods Corp), Credit Agreement (International Multifoods Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the a Borrower hereunder shall constitute a representation and warranty by Holdings and the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Aveta Inc), Credit Agreement (Aveta Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing by by, and issuance of a Letter of Credit issued on behalf of of, the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit thereof that the conditions contained in (a) and (b) of this Section 5.2 subsection have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Belco Oil & Gas Corp), Credit Agreement (Belco Oil & Gas Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or immediately after giving effect to the extensions of credit requested to be made on such datedate and the application of proceeds therefrom. Each borrowing by and issuance of a Letter of Credit on behalf of the a Borrower hereunder shall constitute a representation and warranty by the Borrower Borrowers as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Revolving Credit Agreement (NRG Energy, Inc.), Revolving Credit Agreement (Genon Americas Generation LLC)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower of Revolving Loans hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 5.3 have been satisfied.
Appears in 2 contracts
Samples: 2 (Taboola.com Ltd.), Credit Agreement (Taboola.com Ltd.)
No Default. No Default or Event of Default shall have occurred exist and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by by, and issuance of a Letter of Credit on behalf of by the applicable Issuing Lender at the request of, the Borrower or any Foreign Borrower, as applicable hereunder shall constitute a representation and warranty by the Borrower that as of the date of such extension of credit that the conditions contained in this Section section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Bucyrus International Inc), Credit Agreement (Bucyrus International Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing (other than an Incremental Term Loan) by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or Borrowing Date, both before and after giving effect to the extensions Extensions of credit Credit requested to be made on such dateBorrowing Date. Each borrowing by and issuance of a Letter Extension of Credit on behalf of made to the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension Extension of credit Credit that the conditions contained in this Section 5.2 6.2 have been satisfied.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Case Credit Corp), Revolving Credit Agreement (Case Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions Extensions of credit Credit requested to be made on such date. Each borrowing request by and issuance of a Letter either Borrower for an Extension of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the respective Borrower as of the date of such extension Extension of credit Credit that the conditions contained in this Section 5.2 7.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the any Borrower hereunder shall constitute a representation and warranty by the such Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Collateral Agreement (Tenneco Inc), Credit Agreement (Tenneco Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 5.02 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Jupitermedia Corp), Credit Agreement (Jupitermedia Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Parent Borrower hereunder shall constitute a representation and warranty by the Parent Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Roper Industries Inc /De/), Credit Agreement (Roper Industries Inc /De/)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit thereof that the conditions contained in this Section 5.2 subsection have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Big City Radio Inc), Credit Agreement (Big City Radio Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Standard Aero Holdings Inc.), Credit Agreement (Empi Inc)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder hereunder, each Revolving Loan Conversion shall constitute a representation and warranty by the Borrower as of the date of such extension of credit credit, Revolving Loan Conversion, as applicable, that the conditions contained in this Section 5.2 have been satisfiedsatisfied or have been waived.
Appears in 2 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
No Default. No Default or Event of Default shall have occurred and be continuing on such date or after giving effect to the extensions of credit requested to be made on such date. Each borrowing by and issuance of a Letter of Credit on behalf of the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 5.2 have been satisfied.. 100
Appears in 1 contract
