Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof: (i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document shall be true and correct in all material respects on and as of such date of such Credit Extension; provided that, to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date; provided, further that, any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and (ii) no Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 3 contracts
Samples: Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceClosing Date, both immediately before and immediately after giving effect thereto andto any Credit Extensions made on the Closing Date, in the case of any Loan, giving effect to and the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document shall be are true and correct in all material respects on and as of such date of such Credit Extensionthe Closing Date; provided that, to the extent that any such representations and warranties representation or warranty specifically refer refers to an earlier date, they such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, further that, that any representation and or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) no No Default or Event of Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 3 contracts
Samples: Credit Agreement (Signet Jewelers LTD), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (Signet Jewelers LTD)
Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document (limited to, in the case of the initial Credit Extensions on the Effective Date, the Specified Representations) shall be true and correct in all material respects on and as of such the date of such Credit ExtensionBorrowing; provided that, to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date; provided, further that, any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) except in the case of the initial Credit Extension on the Effective Date, no Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 2 contracts
Samples: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc)
Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document shall be true and correct in all material respects on and as of such the date of such Credit ExtensionBorrowing; provided that, to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date; provided, further that, any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
and (ii) no Default shall existhave occurred and be continuing, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract
Samples: Credit Agreement (eHealth, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or Issuance, both immediately before at the time of and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof on the date thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document shall be true and correct in all material respects on and as of such the date of such Credit Extension; provided that, to the extent that such representations and warranties representation or warranty specifically refer to an earlier date, they such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, further that, that any representation and or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) no Default or Event of Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract
Samples: Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceCredit Extension, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document shall be true and correct in all material respects on and as of such the date of such Credit ExtensionBorrowing; provided that, to the extent that such representations and warranties specifically refer to an earlier date, they shall be true and correct in all material respects as of such earlier date; provided, further that, any representation and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) no Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract
Representations and Warranties; No Defaults. The following statements shall be true on the date of such Loan or IssuanceClosing Date, both immediately before and immediately after giving effect thereto andto any Credit Extensions made on the Closing Date, in the case of any Loan, giving effect to and the application of the proceeds thereof:
: (i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document shall be are true and correct in all material respects on and as of such date of such Credit Extensionthe Closing Date; provided that, to the extent that any such representations and warranties representation or warranty specifically refer refers to an earlier date, they such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, further that, that any representation and or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
and (ii) no No Default or Event of Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract