Other Representations and Agreements by Borrower and Subsidiary Guarantors Sample Clauses

Other Representations and Agreements by Borrower and Subsidiary Guarantors. The parties agree that to the best of their knowledge they are not aware that any Default or Event of Default has occurred and is continuing, other than as set forth herein on Schedule 6 annexed hereto and made a part hereof and that the Lender has not given its consent to or waived any Default or Event of Default other than set forth on Schedule 6. The Borrower and the Subsidiary Guarantors represent, warrant and confirm that the Credit Agreement and the other Credit Documents are in full force and effect and enforceable against the Borrower and the Subsidiary Guarantors in accordance with the terms thereof except to the extent that the Borrower and Subsidiary Guarantors make no representation or warranty as to the effectiveness of the ASPBV guaranty under Dutch law. The Borrower and each Subsidiary Guarantor confirm all of the rights and remedies of Lender under the Credit Documents, including, without limitation, any power of attorney granted to Lender under any of the Credit Documents. The parties acknowledge and agree that the Credit Agreement, the Credit Documents, the Consignment Agreement and this Agreement (all as previously amended, modified or supplemented in writing from time to time) constitute the entire agreement and understanding between Lender and Borrower and each Subsidiary Guarantor and supersedes all prior agreements, conversations and understandings relating to the subject matter hereof; the parties hereto acknowledge and agree that the parties hereto have not made any representation except as expressly set forth in this Agreement and even if any such representations were made, the parties have not relied on any such representation except as expressly set forth in this Agreement. The Borrower and each of the Subsidiary Guarantors represent and confirm that as of the date hereof, neither the Borrower nor any of the Subsidiary Guarantors has any claim or defense (and to the extent any such defense exists the Borrower and the Subsidiary Guarantors each hereby waives every claim and defense) against the Lender arising out of or relating to the Credit Agreement, this Agreement and the other Credit Documents or the making, administration or enforcement of the Revolving Note, the Interim Note, the Term Note and the Loans and the remedies provided for under the Credit Agreements.
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Other Representations and Agreements by Borrower and Subsidiary Guarantors. The Borrower and each of the Subsidiary Guarantors represents and confirms that no Default or Event of Default has occurred and is continuing, and that, other than as set forth herein, the Lender has not given its consent to or waived any Default or Event of Default and the Credit Agreement and the other Credit Documents are in full force and effect and enforceable against the Borrower and the Subsidiary Guarantors in accordance with the terms thereof. The Borrower and each Subsidiary Guarantor confirms all of the rights and remedies of Lender under the Credit Documents, including, without limitation, any power of attorney granted to Lender under any of the Credit Documents. The Borrower and each of the Subsidiary Guarantors acknowledges that the Credit Agreement, the Credit Documents and this Agreement (all as previously amended, modified or supplemented from time to time) constitute the entire agreement and understanding between Lender and Borrower and each Subsidiary Guarantor and supersedes all prior agreements, conversations and understandings relating to the subject matter hereof. The Borrower and each of the Subsidiary Guarantors represents and confirms that as of the date hereof, neither the Borrower nor any of the Subsidiary Guarantors has any claim or defense (and the Borrower and the Subsidiary Guarantors each hereby waives every claim and defense) against the Lender arising out of or relating to the Credit Agreement, this Agreement and the other Credit Documents or the making, administration or enforcement of the Revolving Note, the Interim Note, the Term Note and the Loans and the remedies provided for under the Credit Agreements.
Other Representations and Agreements by Borrower and Subsidiary Guarantors. The parties agree that to the best of their knowledge they are not aware that any Default or Event of Default has occurred and is continuing, other than as set forth herein on Schedule 6 annexed hereto and made a part hereof and that the Lender has not given its consent to or waived any Default or Event of Default other than set forth on Schedule . The Borrower and the Subsidiary Guarantors represent, warrant and confirm that the Credit Agreement and the other Credit Documents are in full force and effect and enforceable against the Borrower and the Subsidiary Guarantors in accordance with the terms thereof except to the extent that the Borrower and Subsidiary Guarantors make no representation or warranty as to the effectiveness of the ASPBV guaranty under Dutch law. The Borrower and each Subsidiary Guarantor confirm all of the rights and remedies of Lender under the Credit Documents, including, without limitation, any power of attorney granted to Lender under any of the Credit

Related to Other Representations and Agreements by Borrower and Subsidiary Guarantors

  • Reference to and Effect on the Credit Agreement and the Loan Documents (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes and each of the other Loan Documents to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.

  • Reference to and Effect on the Credit Agreement and the Other Credit Documents (i) On and after the First Amendment Effective Date, each reference in the Credit Agreement to “this Amendment”, “hereunder”, “hereof”, “herein” or words of like import referring to the Credit Agreement, and each reference in the other Credit Documents to the “Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement shall mean and be a reference to the Credit Agreement as amended by this Amendment.

  • Reference to and Effect on the Credit Agreement and the Other Loan Documents (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in any other Loan Document to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.

  • Representations of the Borrower The Borrower represents and warrants that:

  • Representations of Borrower The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article 4 of the Credit Agreement will be true on and as of the Amendment Effective Date and (ii) no Default will have occurred and be continuing on such date.

  • Representations and Warranties of Loan Parties Each of the Loan Parties represents and warrants as follows:

  • Credit Agreement Representations and Warranties The representations and warranties contained in Article VI of the Credit Agreement, insofar as the representations and warranties contained therein are applicable to any Guarantor and its properties, are true and correct in all material respects, each such representation and warranty set forth in such Article (insofar as applicable as aforesaid) and all other terms of the Credit Agreement to which reference is made therein, together with all related definitions and ancillary provisions, being hereby incorporated into this Guaranty by this reference as though specifically set forth in this Article.

  • Credit Agreement Representations All representations and warranties in the Credit Agreement relating to it are true and correct as of the date hereof and on each date the representations and warranties hereunder are restated pursuant to any of the Loan Documents with the same force and effect as if such representations and warranties had been made on and as of such date except to the extent that such representations and warranties relate specifically to another date.

  • Reference to and Effect on the Credit Agreement and the Notes (a) On and after the effectiveness of this Amendment, each reference in the Credit Agreement to “this Agreement”, “hereunder”, “hereof” or words of like import referring to the Credit Agreement, and each reference in the Notes to “the Credit Agreement”, “thereunder”, “thereof” or words of like import referring to the Credit Agreement, shall mean and be a reference to the Credit Agreement, as amended by this Amendment.

  • Representations and Warranties of the Loan Parties Each Loan Party represents and warrants as follows:

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