Common use of Representations and Warranties of Assignee Clause in Contracts

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 2 contracts

Samples: Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.), Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.)

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Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will shall make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.613.06, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Calpine Corp), Credit Agreement (Calpine Corp)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section SECTION 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.69.5, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital, Inc.)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Debtor in Possession Credit and Guaranty Agreement (NTL Delaware Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Effective Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.69.1, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit Agreement (Hospira Inc)

Representations and Warranties of Assignee. Each Lender, ------------------------------------------ upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Tranche B Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Tranche B Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a present view to distribution of such Tranche B Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Tranche B Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Senior Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement (Tronox Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Effective Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Commitments Commitments, New Credit Linked Deposits or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments Commitments, Funded Letter of Credit Participations or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments Commitments, Funded Letter of Credit Participations or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Revolving Commitments, Delayed Draw Term Loan Commitments Commitments, Funded Letter of Credit Participations or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit Agreement (Covanta Holding Corp)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Credit Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will shall make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.69.06, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Term Loan Agreement (Globe Specialty Metals Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Unsecured Credit and Guaranty Agreement (CVR Energy Inc)

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Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Revolving Commitments and Term Revolving Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Revolving Credit and Guaranty Agreement (Movie Gallery Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Revolving Commitments and Term Revolving Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it will shall make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.610.06, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (GXS Investments, Inc.)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.613.06, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to executing and delivering an interest in the Term Loan Commitments and Term LoansAssignment Agreement, as the case may be, represents and warrants as of the Closing Restatement Date or as of the Assignment applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Commitments Revolving Limits or Term Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments Revolving Limits or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments Revolving Limits or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.69.6, the disposition of such Term Loan Commitments Revolving Limits or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Term Loan Credit and Guaranty Agreement (NewPage CORP)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Date or as of the Assignment Effective Date that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (J Crew Group Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon succeeding to an interest in the Term Loan Commitments and Term Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date Date, as applicable, that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal Federal securities laws (it being understood that, subject to the provisions of this Section 10.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon Corp)

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