Notice of Last Out Term Borrowing; Notice of Revolving Credit Borrowing; Notice of Swingline Borrowing; Letter of Credit Request. The following statements shall be true in all material respects (and each of the giving of the applicable Notice of Last Out Term Borrowing, Notice of Revolving Credit Borrowing, Notice of Swingline Borrowing or Letter of Credit Request and the acceptance by the Borrower of the proceeds of such Borrowing or the issuance of such Letter of Credit or the renewal or extension of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance or renewal such statements are true): (i) the representations and warranties contained in each Loan Document are correct in all material respects on and as of such date, before and after giving effect to such Borrowing or issuance or renewal and to the application of the proceeds therefrom, as though made on and as of such date, other than any such representations or warranties that, by their terms, refer to a specific date other than the date of such Borrowing or issuance or renewal, in which case, as of such specific date; and (ii) no event has occurred and is continuing, or would result from such Borrowing or issuance or renewal or from the application of the proceeds therefrom, that constitutes a Default.
Appears in 3 contracts
Samples: Restructuring Support Agreement (Accuride Corp), Restructuring Support Agreement (Accuride Corp), Convertible Notes Commitment Agreement (Accuride Corp)
Notice of Last Out Term Borrowing; Notice of Revolving Credit Borrowing; Notice of Swingline Borrowing; Letter of Credit Request. The following statements shall be true in all material respects (and each of the giving of the applicable Notice of Last Out Term Borrowing, Notice of Revolving Credit Borrowing, Notice of Swingline Borrowing or Borrowing, Letter of Credit Request Request, or the deemed giving of the Notice of Last Out Term Borrowing pursuant to Section 2.02(a), and the acceptance by the Borrower of the proceeds of such Borrowing or the issuance of such Letter of Credit or the renewal or extension of such Letter of Credit shall constitute a representation and warranty by the Borrower that both on the date of such notice and on the date of such Borrowing or issuance or renewal such statements are true):
(i) the representations and warranties contained in each Loan Document are correct in all material respects on and as of such date, before and after giving effect to such Borrowing or issuance or renewal and to the application of the proceeds therefrom, as though made on and as of such date, other than any such representations or warranties that, by their terms, refer to a specific date other than the date of such Borrowing or issuance or renewal, in which case, as of such specific date; and
(ii) no event has occurred and is continuing, or would result from such Borrowing or issuance or renewal or from the application of the proceeds therefrom, that constitutes a Default.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement (Accuride Corp)