Common use of No Existing Default Clause in Contracts

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of such notice and as of the applicable Borrowing Date or Issuance Date, that the conditions in this Section 5.3 are satisfied.

Appears in 4 contracts

Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (American Disposal Services Inc), Credit Agreement (Del Monte Foods Co)

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No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of such notice and as of the applicable Borrowing Date or Issuance Date, that the conditions in this Section 5.3 5.2 are satisfied.

Appears in 4 contracts

Samples: Credit Agreement (Del Monte Foods Co), Credit Agreement (Air Cure Technologies Inc /De), Credit Agreement (Del Monte Foods Co)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist ------------------- or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 3 contracts

Samples: Pledge Agreement (Cb Richard Ellis Services Inc), Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 3 contracts

Samples: Credit Agreement (Vans Inc), Credit Agreement (Vans Inc), Credit Agreement (Cb Richard Ellis Services Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 SECTION 5.02 are satisfied.

Appears in 3 contracts

Samples: Credit Agreement (Century Business Services Inc), Credit Agreement (Century Business Services Inc), Credit Agreement (Century Business Services Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing submitted by the Borrower hereunder and each L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 3 contracts

Samples: Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger, Inc.), Credit Agreement (Hanger, Inc.)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuancecontinuation or conversion. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date Date, or Issuance Date, as applicable, that the conditions in this Section 5.3 6.3 are satisfied.

Appears in 3 contracts

Samples: Credit Agreement (Nebco Evans Holding Co), Credit Agreement (Nebco Evans Holding Co), Credit Agreement (Ameriserve Transportation Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist ------------------- or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company Borrowers' Designee hereunder shall constitute a representation and warranty by the Company Borrowers' Designee and the applicable Borrower hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 are satisfied.

Appears in 2 contracts

Samples: Revolving Multicurrency Credit Agreement (Johns Manville International Group Inc), Revolving Multicurrency Credit Agreement (Johns Manville Corp /New/)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing Borrowing, Notice of Conversion/Continuation and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date Date, Conversion/Continuation Date, or Issuance Date, as applicable, that the conditions in this Section 5.3 5.2 are satisfied.

Appears in 2 contracts

Samples: Credit Agreement (New Horizons Worldwide Inc), Credit Agreement (Vlsi Technology Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Borrower and the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 2 contracts

Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from after giving effect to such Borrowing or Issuance. Each Notice of Borrowing Borrowing, and each L/C Application or and, if requesting a Credit Extension, L/C Amendment Application Application, submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 subsections 5.02(a), (b) and (c) are satisfied.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp), Multicurrency Credit Agreement (Briggs & Stratton Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or IssuanceBorrowing. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 2 contracts

Samples: Credit Agreement, Assignment and Assumption Agreement (Idex Corp /De/)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date, Special Funding Date or Issuance Date, as applicable, that the conditions in this Section 5.3 SECTION 5.02 are satisfied.

Appears in 2 contracts

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

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company Borrowers hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that all of the conditions in this Section 5.3 5.02 are satisfied.

Appears in 2 contracts

Samples: Credit Agreement (North American Galvanizing & Coatings Inc), Credit Agreement (North American Galvanizing & Coatings Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Regis Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 SECTION 5.02 are satisfied.

Appears in 2 contracts

Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Lone Star Technologies Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 subsection 5.02(a), (b) and (c) are satisfied.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Payless Shoesource Holdings Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and Borrowing, notice of acceptance of an L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice and as of the applicable relevant Borrowing Date or Issuance Date, that as applicable, the conditions in this Section 5.3 5.2 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Lance Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted or deemed submitted by the Company Borrowers hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or and Issuance Date, Date that the conditions in this Section 5.3 5.2 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Amerigas Finance Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 subsection 5.02(a), (b) and (c) are satisfied.. -44- 52

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Payless Shoesource Inc)

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No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of such notice and as of the applicable Borrowing Date or -57- 65 Issuance Date, that the conditions in this Section 5.3 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Fiberite Holdings Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and Committed Borrowing, notice of acceptance of a Competitive Bid, L/C Application or and L/C Amendment Application submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company hereundersuch Borrower that, as of the date of each such notice and as of the applicable relevant Borrowing Date or Issuance Date, that as applicable, the conditions in this Section 5.3 5.2 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Hussmann International Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing and Borrowing, Notice of Conversion/Continuation, L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date Date, Conversion/Continuation Date, or Issuance DateDate as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (White Cap Holdings Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from after giving effect to such Borrowing or Issuance. Each Notice of Borrowing Borrowing, Notice of Competitive Bid Request and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 subsection 5.02(a), (b) and (c) are satisfied.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or IssuanceBorrowing. Each Notice of Borrowing and Committed Borrowing, Invitation for Competitive Bids, L/C Application or and L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of such notice or request and as of the applicable Borrowing Date or Issuance Date, that the conditions in this Section 5.3 SECTION 5.2 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (International Multifoods Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall ------------------- result from such Borrowing or IssuanceBorrowing. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.2 are satisfied.. -----------

Appears in 1 contract

Samples: Credit Agreement (Pen Tab Industries Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from after giving effect to such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 subsections 5.02(a), (b) and (c) are satisfied.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Briggs & Stratton Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 SECTION 5.02 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Regis Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from after giving effect to such Borrowing Borrowing, continuation, conversion or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder by, or on behalf of, a Borrower shall constitute a representation and warranty by the Company hereundersuch Borrower, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Commercial Vehicle Group, Inc.)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or IssuanceBorrowing. Each Notice of Borrowing and L/C Application or (if such L/C Amendment Application requests a Credit Extension) submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of such notice or request and as of the applicable Borrowing Date or Issuance Date, that the conditions in this Section 5.3 4.2 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Smith a O Corp)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or conversion or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.03 are satisfied.. -48-

Appears in 1 contract

Samples: Credit Agreement (Waterlink Inc)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, that the conditions in this Section 5.3 are satisfied.or

Appears in 1 contract

Samples: Credit Agreement (Cypress Semiconductor Corp /De/)

No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing or continuation or Issuance. Each Notice of Borrowing and Borrowing, L/C Application or L/C Amendment Application submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of the applicable each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 5.3 5.02 are satisfied.

Appears in 1 contract

Samples: Credit Agreement (Waterlink Inc)

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