Repeating Representations in Clause 18.23 (Times for making representations and warranties) of the Credit Agreement (i) exclude the representations and warranties at Clauses 18.12(a) (Litigation and insolvency proceedings), 18.15 (Intellectual Property Rights), 18.21 (Investment Company Act) and 18.22 (Sanctions) such that they are not deemed to be made again by each relevant Obligor on the date of each Request, the first day of each Interest Period and on each Utilisation Date with reference to the facts and circumstances then existing; and (ii) delete the words “the first day of each Interest Period and”.
Repeating Representations. The Repeating Representations:
4.6.1 are true; and
4.6.2 would also be true if references to the Original Common Terms Agreement were construed as references to the Original Common Terms Agreement as amended by this Agreement. In each case, each Repeating Representation is made by reference to the circumstances existing at the Signature Date.
Repeating Representations. Each Borrower, severally and not jointly, represents and warrants to the Issuing Bank that, as at the date of this letter and as at the Effective Date, each of the Repeating Representations are true by reference to the facts and circumstances existing at each such date and as if each reference to “this Agreement” or “the Finance Documents” includes a reference to this letter.
Repeating Representations. At Clause 18.20 (Times for Making Representations and Warranties) of the Credit Agreement, delete the words “, the first day of each Term” and add the words “18.13 (Intellectual Property Rights),” after the words “18.12 (Security Interests),” and before the words “18.14 (Environmental Laws).”
Repeating Representations. Each of the Repeating Representations will be correct and complied with in all material respects on each Issue Date and each date that a Letter of Credit is renewed, reissued and extended as if repeated then by reference to the then existing circumstances.
Repeating Representations. The Borrower represents and warrants to each Finance Party in the terms of each of the Repeating Representations on the date hereof.
Repeating Representations. Each of the Company and the Obligors’ Agent makes the Repeating Representations, and the representations and warranties set out in clause 21.16 (No misleading information) of the Original Facility Agreement, by reference to the facts and circumstances then existing:
(a) on the date of this Amendment Letter, but as if references in clause 21 (Representations) of the Original Facility Agreement to the “Finance Documents” were instead to this Amendment Letter; and
(b) on the Effective Date, but as if references in clause 21 (Representations) of the Original Facility Agreement to the “Finance Documents” were instead to the Original Facility Agreement as amended by this Amendment Letter.
Repeating Representations. At Clause 21.30 (Times for making representations and warranties) of the Credit Agreement, delete the words “the first day of each Interest Period”.
Repeating Representations. The Generator Repeating Representations are deemed to be made by the Generator by reference to the facts and circumstances then existing on the Start Date.
Repeating Representations. The above representations and warranties given in Clauses 6.1, 6.3 and 6.6 shall be deemed repeated each day during the subsistence of this Order Form and each time the Client gives an instruction to Komainu pursuant to the Agreement. The Client agrees and undertakes to notify Kxxxxxx immediately if the Client has any knowledge or reason for suspicion of any event or circumstance which will result in any such representation or warranty being false or inaccurate.
