Common use of Representations and Warranties, No Default, etc Clause in Contracts

Representations and Warranties, No Default, etc. (a) The Borrower hereby (i) reaffirms the representations and warranties made by it in the Agreement on and as of the date hereof except that the amendments set forth herein shall be assumed to be in effect and all references in the representations and warranties of the Agreement to this "Agreement" or words of like import intended to refer to the Agreement shall be read, for the purposes hereof, to refer to both this Amendment and the Agreement as amended hereby, (ii) represents and warrants to the Lender that no Default or Event of Default has occurred and is continuing and (iii) agrees that all references in the Agreement, the Note and each of the other Loan Documents to "this Agreement", "the Agreement", "the Note" and words of like import intended to refer to the Agreement shall be deemed to be references to the Agreement as amended hereby. (b) The Borrower hereby represents and warrants to the Lender as follows: (i) the execution, delivery and performance of each of this Amendment and the Agreement as amended hereby are within its corporate powers, have been duly authorized by all necessary corporate and shareholder action and do not and will not constitute a violation of, a default under or conflict with its organizational documents, any applicable statute, law or regulation or any contractual provision to which it is subject; (ii) it has obtained all necessary consents and approvals to execute, deliver and perform each of this Amendment and the Agreement as amended hereby; and (iii) each of this Amendment and the Agreement as amended hereby are the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with its terms.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Talbots Inc), Revolving Credit Agreement (Talbots Inc)

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Representations and Warranties, No Default, etc. (a) The Borrower hereby (i) reaffirms the representations and warranties made by it in the Agreement on and as of the date hereof except that the amendments set forth herein shall be assumed to be in effect and all references in the representations and warranties of the Agreement to this "Agreement" or words of like import intended to refer to the Agreement shall be read, for the purposes hereof, to refer to both this Amendment and the Agreement as amended hereby, (ii) represents and warrants to the Lender that no Default or Event of Default has occurred and is continuing and (iii) agrees that all references in the Agreement, the Note and each of the other Loan Documents to "this Agreement", ",” “the Agreement", ",” “the Note" and words of like import intended to refer to the Agreement shall be deemed to be references to the Agreement as amended hereby. (b) The Borrower hereby represents and warrants to the Lender as follows: (i) the execution, delivery and performance of each of this Amendment and the Agreement as amended hereby are within its corporate powers, have been duly authorized by all necessary corporate and shareholder action and do not and will not constitute a violation of, a default under or conflict with its organizational documents, any applicable statute, law or regulation or any contractual provision to which it is subject; (ii) it It has obtained all necessary consents and approvals to execute, deliver and perform each of this Amendment and the Agreement as amended hereby; and (iii) each of this Amendment and the Agreement as amended hereby are the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with its terms.

Appears in 1 contract

Samples: Revolving Credit Agreement (Talbots Inc)

Representations and Warranties, No Default, etc. (a) The Borrower hereby (i) reaffirms the representations and warranties made by it in the Agreement on and as of the date hereof except that the amendments set forth herein shall be assumed to be in effect and all references in the representations and warranties of the Agreement to this "Agreement" or words of like import intended to refer to the Agreement shall be read, for the purposes hereof, to refer to both this Amendment and the Agreement as amended hereby, hereby and (ii) represents and warrants to the Lender that no Default or Event of Default has occurred and is continuing and (iii) agrees that all references in the Agreement, the Note and each of the other Loan Documents to "this Agreement", "the Agreement", "the Note" and words of like import intended to refer to the Agreement shall be deemed to be references to the Agreement as amended herebycontinuing. (b) The Borrower hereby represents and warrants to the Lender as follows: (i) the execution, delivery and performance of each of this Amendment and Amendment, the Agreement as amended hereby and each of the documents, instruments and agreements executed and delivered by such person in connection herewith and therewith are within its corporate powers, have been duly authorized by all necessary corporate and shareholder action and do not and will not constitute a violation of, a default under or conflict with its organizational documents, any applicable statute, law or regulation or any contractual provision to which it is subject; (ii) it has obtained all necessary consents and approvals to execute, deliver and perform each of this Amendment and Amendment, the Agreement as amended herebyhereby and all such other documents, instruments and agreements; and (iii) each of this Amendment and Amendment, the Agreement as amended hereby and such other documents, instruments and agreements to which it is a party are the legal, valid and binding obligations of the Borrowersuch person, enforceable against the Borrower such person in accordance with its terms.

Appears in 1 contract

Samples: Revolving Credit Agreement (Allegro Microsystems Inc)

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Representations and Warranties, No Default, etc. (a) The Borrower hereby (i) reaffirms the representations and warranties made by it in the Agreement on and as of the date hereof except that the amendments set forth herein shall be assumed to be in effect and all references in the representations and warranties of the Agreement to this "Agreement" or words of like import intended to refer to the Agreement shall be read, for the purposes hereof, to refer to both this Amendment and the Agreement as amended hereby, (ii) represents and warrants to the Lender that no Default or Event of Default has occurred and is continuing and (iii) agrees that all references in the Agreement, the Note and each of the other Loan Documents to "this Agreement", "the Agreement", "the Note" and words of like import intended to refer to the Agreement shall be deemed to be references to the Agreement as amended hereby. (b) The Borrower hereby represents and warrants to the Lender as follows: (i) the execution, delivery and performance of each of this Amendment and the Agreement as amended hereby are within its corporate powers, have been duly authorized by all necessary corporate and shareholder action and do not and will not constitute a violation of, a default under or conflict with its organizational documents, any applicable statute, law or regulation or any contractual provision to which it is subject; (ii) it has obtained all necessary consents and approvals to execute, deliver and perform each of this Amendment and the Agreement as amended hereby; and (iii) each of this Amendment and the Agreement as amended hereby are the legal, valid and binding obligations of the Borrower, enforceable against the Borrower in accordance with its terms.

Appears in 1 contract

Samples: Revolving Credit Agreement (Talbots Inc)

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