Common use of Repetition of representations and warranties Clause in Contracts

Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.2) on each Interest Payment Date, the Guarantor shall: 4.3.1 be deemed to repeat the representations and warranties in clauses 4.1 and 4.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 be deemed to further represent and warrant to the Mortgagees that the then latest audited financial statements delivered to the Agent have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Guarantor nor any other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 2 contracts

Samples: Loan Agreement (Aegean Marine Petroleum Network Inc.), Third Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

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Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.27.2) on each Interest Payment Date, the Guarantor Borrowers shall: 4.3.1 (a) be deemed to repeat the representations and warranties in clauses 4.1 7.1 and 4.2 7.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 (b) be deemed to further represent and warrant to the Mortgagees Bank that the then latest audited financial statements delivered to the Agent Bank (if any) have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group Group, as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Corporate Guarantor nor any other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Junior Loan Agreement (FreeSeas Inc.)

Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.2) on each Interest Payment Date, the Guarantor shall: 4.3.1 be deemed to repeat the representations and warranties in clauses 4.1 and 4.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 be deemed to further represent and warrant to the Mortgagees Security Agent that the then latest audited consolidated financial statements of the Group delivered to the Security Agent under this Guarantee (if any) have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Guarantor nor any other member of the Group nor the Group as a whole had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Supplemental Agreement (Diana Shipping Inc.)

Repetition of representations and warranties. On and as of each the Drawdown Date and (except in relation to the representations and warranties in clause 4.2) on each Interest Payment Date, the Guarantor shall: 4.3.1 be deemed to repeat the representations and warranties in clauses 4.1 and 4.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 be deemed to further represent and warrant to the Mortgagees Security Agent that the then latest audited consolidated financial statements of the Group delivered to the Security Agent under this Guarantee (if any) have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Guarantor nor any other member of the Group nor the Group as a whole had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.27.2) on each Interest Payment Date, the Guarantor Borrowers shall: 4.3.1 (a) be deemed to repeat the representations and warranties in clauses 4.1 7.1 and 4.2 7.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 (b) be deemed to further represent and warrant to each of the Mortgagees Creditors that the then latest audited financial statements delivered to the Agent (if any) have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Corporate Guarantor nor any other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Senior Loan Agreement (FreeSeas Inc.)

Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.2) on each Interest Payment Date, the each Guarantor shall: 4.3.1 be deemed to repeat the representations and warranties in clauses 4.1 and 4.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 be deemed to further represent and warrant to the Mortgagees Security Agent that the then latest audited financial statements of each Guarantor delivered to the Security Agent under this Guarantee (if any) have been prepared in accordance with the Applicable Accounting Principles GAAP which have been consistently applied and present fairly and accurately the consolidated financial position of the Group that Guarantor as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group each Guarantor for the financial period to which the same relate and, as at the end of such financial period, neither the each Guarantor nor any other member of the Group had did not have any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: On Delivery Buyer Credit Facility Agreement (DryShips Inc.)

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Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.27.2) on each Interest Payment Date, the Guarantor shall: 4.3.1 Borrowers shall (a) be deemed to repeat the representations and warranties in clauses 4.1 7.1 and 4.2 7.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 day and (b) be deemed to further represent and warrant to each of the Mortgagees Creditors that the then latest audited financial statements delivered to the Agent by the Borrowers (if any) under clause 8.1.5 have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group Group, as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group Group, for the financial period to which the same relate and, as at the end of such financial period, neither the Corporate Guarantor nor any other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Loan Agreement (DryShips Inc.)

Repetition of representations and warranties. On and as of each Drawdown Date and on the Effective Date and (except in relation to the representations and warranties in clause 4.27.2) on each Interest Payment Date, the Guarantor Borrowers shall: 4.3.1 (a) be deemed to repeat the representations and warranties in clauses 4.1 7.1 and 4.2 7.2 as if made with reference to the facts and circumstances existing on such day; and 4.3.2 (b) be deemed to further represent and warrant to each of the Mortgagees Creditors that the then latest audited financial statements delivered to the Agent by the Borrowers (if any) have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group as at the end of the financial period to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Guarantor nor any other no member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Ninth Supplemental Agreement (Aegean Marine Petroleum Network Inc.)

Repetition of representations and warranties. On and as of each Drawdown Date and (except in relation to the representations and warranties in clause 4.2) on each Interest Payment Date, the Guarantor shall: 4.3.1 shall (a) be deemed to repeat the representations and warranties in clauses clause 4.1 and 4.2 as if made with reference to the facts and circumstances existing on each such day; and 4.3.2 day and (b) be deemed to further represent and warrant to the Mortgagees that the then latest audited consolidated financial statements of the Group delivered to the Agent (if any) under clause 5.1 have been prepared in accordance with the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of the Group as at the end of the financial period year to which the same relate and the consolidated results of the operations of the Group for the financial period to which the same relate and, as at the end of such financial period, neither the Guarantor nor any other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Loan Agreement (Poseidon Containers Holdings Corp.)

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