Common use of Representation by Banks Clause in Contracts

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 21 contracts

Samples: Credit Agreement (Outback Steakhouse Inc), Credit Agreement (Outback Steakhouse Inc), Credit Agreement (Franklin Electric Co Inc)

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Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 10 contracts

Samples: 364 Day Credit Agreement (Mohawk Industries Inc), Five Year Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans Advances hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 6 contracts

Samples: Credit Agreement (Bassett Furniture Industries Inc), Credit Agreement (Gladstone Commercial Corp), Credit Agreement (Bassett Furniture Industries Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 3 contracts

Samples: Credit Agreement (National Vision Associates LTD), Credit Agreement (Home Depot Inc), Credit Agreement (McWhorter Technologies Inc /De/)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 3 contracts

Samples: Credit Agreement (Springs Industries Inc), Credit Agreement (Trion Inc), Credit Agreement (Trion Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.079.07 of this Agreement, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (Liberty Corp), Day Credit Agreement (Liberty Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Syndicated Loans and Money Market Loans in the ordinary course of its business and that it will make its Syndicated Loans and Money Market Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, ----------------- subject to Section 9.078.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Term Loans and Revolving Credit Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (Cadmus Communications Corp/New), Credit Agreement (Meredith Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Revolving Loans in the ordinary course of its business and that it will make its Revolving Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.079.8, the disposition of the a Note or the Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (Avado Brands Inc), Credit Agreement (Apple South Inc)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject -------- to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (JDN Realty Corp), Credit Agreement (JDN Realty Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans Advances hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.0713.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.0711.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 2 contracts

Samples: Syndicated Credit Agreement (Winston Hotels Inc), Syndicated Credit Agreement (Winston Hotels Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Syndicated Loans and Money Market Loans in the ordinary course of its business and that it will make its Syndicated Loans and Money Market Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.Notes

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, -------- ------- subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Revolving Loans in the ordinary course of its business and that it will make its Revolv ing Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.079.8, the disposition of the a Note or the Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Apple South Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Flowers Industries Inc /Ga)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.079.08, the disposition of the Term Loan Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Gables Residential Trust)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Swing Line Loans and Revolving Credit Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.0710.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Cadmus Communications Corp/New)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Syndicated Loans and Money Market Loans in the ordinary course of its business and that it will make its Syndicated Loans and Money Market Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.;

Appears in 1 contract

Samples: Credit Agreement (Post Apartment Homes Lp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.07, the disposition of the Note or Notes held by Loans of that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Home Depot Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the 71 ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Kemet Corporation)

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Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Winston Hotels Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.079.7, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Piccadilly Cafeterias Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Term Loans, Swing Line Loans and Revolving Credit Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Cadmus Communications Corp/New)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject -------- to Section 9.079.08, the disposition of the Term Note or Term Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans Advances hereunder for its own account in the ordinary course of such business; provided, however, -------- ------- that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Scansource Inc)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject -------- to Section 9.0710.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Us Xpress Enterprises Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans Advances hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.079.7, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.079.08, the disposition of the Term Note or Term Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender Bank or financial institution which makes loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, provided that, subject to Section 9.079.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (JDN Realty Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans Revolving Loans in the ordinary course of its business and that it will make its Revolving Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.079.8, the disposition of the a Revolving Loan Note or the Revolving Loan Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Avado Brands Inc)

Representation by Banks. Each Bank hereby represents ----------------------- that it is a commercial lender or financial institution which makes loans Loans in the ordinary course of its business and that it will make its Loans hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.07-------- ------- 8.08, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Mohawk Industries Inc)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans Loan hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Scana Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Revolving Credit Advances and Term Loans hereunder for its own account in the ordinary course of such business; provided, however, that, subject to Section 9.07, the disposition of the Note or Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Cato Corp)

Representation by Banks. Each Bank hereby represents that it is a commercial lender or financial institution which makes loans in the ordinary course of its business and that it will make its Loans pro rata share of the Loan hereunder for its own account in the ordinary course of such business; provided, however, however that, subject to Section 9.079.8, the disposition of the a Note or the Notes held by that Bank shall at all times be within its exclusive control.

Appears in 1 contract

Samples: Credit Agreement (Apple South Inc)

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