Common use of Representations and Warranties; Events of Default and Potential Defaults Clause in Contracts

Representations and Warranties; Events of Default and Potential Defaults. Subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06, the representations and warranties contained in Article III shall be true and correct in all material respects (except for those representations and warranties which are already qualified by materiality and which shall be true and correct in all respects) on and as of the date of each Loan with the same effect as though made on and as of each such date. Subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06, on the date on which any Loan is made, no Event of Default and no Potential Default shall have occurred and be continuing or exist or shall occur or exist after giving effect to the Loan to be made on such date. Each request by the Borrower for any Loan shall constitute a representation and warranty by the Borrower that the conditions set forth in this Section 4.01 have been satisfied as of the date of such request, subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06. The failure of the Agent to receive notice from the Borrower to the contrary before such Loan is made shall constitute a further representation and warranty by the Borrower that the conditions referred to in this Section 4.01 have been satisfied as of the date such Loan is made subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06.

Appears in 3 contracts

Samples: Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp)

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Representations and Warranties; Events of Default and Potential Defaults. Subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06, the The representations and warranties contained in Article III shall be true and correct in all respects (in the case of any representation or warranty containing a materiality modification) or in all material respects (except for those representations and warranties which are already qualified by in the case of any representation or warranty not containing a materiality and which shall be true and correct in all respectsmodification) on and as of (i) the date of each Loan and the issuance of each Letter of Credit and (ii) the Conversion Date of a Revolving Credit Loan into a Converted Term Loan with the same effect as though made on and as of each such date. Subject, in On the case date of any Loan (it being understood and agreed that no the issuance of each Letter of Credit and on the Conversion Date of a Revolving Credit Loans may be used for Loan into a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06, on the date on which any Loan is madeConverted Term Loan, no Event of Default and no Potential Default shall have occurred and be continuing or exist or shall occur or exist after giving effect to the Loan to be made or Letter of Credit to be issued on such date. Each request by the Borrower Borrowers for any Loan or the issuance of any Letter of Credit shall constitute a representation and warranty by the Borrower Borrowers that the conditions set forth in this Section 4.01 have been satisfied as of the date of such request, subject, and the Borrowers shall constitute a representation and warranty that the conditions set forth in this Section 4.01 have been satisfied as of the case Conversion Date of any Loan (it being understood and agreed that no a Revolving Credit Loans may be used for Loan into a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06Converted Term Loan. The failure of the Agent Bank to receive notice from the Borrower Borrowers to the contrary before such Loan is made made, such Letter of Credit is issued or the Conversion Date of a Revolving Credit Loan into a Converted Term Loan occurs shall constitute a further representation and warranty by the Borrower Borrowers that the conditions referred to in this Section 4.01 have been satisfied as of (x) the date such Loan is made subject, in or such Letter of Credit is issued or (y) the case Conversion Date of any Loan (it being understood and agreed that no a Revolving Credit Loans may be used for Loan into a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06Converted Term Loan occurs.

Appears in 1 contract

Samples: Loan Agreement (Mastech Holdings, Inc.)

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Representations and Warranties; Events of Default and Potential Defaults. Subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06, the representations and warranties contained in Article III shall be true and correct in all material respects (except for those representations and warranties which are already qualified by materiality and which shall be true and correct in all respects) on and as of the date of each Loan with the same effect as though made on and as of each such date. Subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06, on the date on which any Loan is made, no Event of Default and no Potential Default shall have occurred and be continuing or exist or shall occur or exist after giving effect to the Loan to be made on such date. Each request by the 264674781 265265096 Borrower for any Loan shall constitute a representation and warranty by the Borrower that the conditions set forth in this Section 4.01 have been satisfied as of the date of such request, subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06. The failure of the Agent to receive notice from the Borrower to the contrary before such Loan is made shall constitute a further representation and warranty by the Borrower that the conditions referred to in this Section 4.01 have been satisfied as of the date such Loan is made subject, in the case of any Loan (it being understood and agreed that no Revolving Credit Loans may be used for a Limited Condition Acquisition) in connection with a Limited Condition Acquisition, to Section 1.06.

Appears in 1 contract

Samples: Loan Agreement (Matthews International Corp)

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