Common use of Representations and Warranties of Assignee Clause in Contracts

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving Commitments or Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 5 contracts

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

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Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 4 contracts

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

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving 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 Revolving 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 Revolving 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 9.6SECTION 10.6, the disposition of such Revolving 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 of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving 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 Revolving 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 Revolving 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 9.613.06, the disposition of such Revolving 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 of the Existing Credit Agreement or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 2 contracts

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

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Original Closing Date or as of the applicable Assignment 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 Revolving 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 Revolving 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 Revolving 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 9.610.6, the disposition of such Revolving 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 of the Existing Credit Agreement hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Original Closing Date or as of the applicable Assignment 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 Revolving 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 Revolving 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 Revolving 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 9.610.6, the disposition of such Revolving 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 (CVR Energy Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing succeeding to an interest in the Revolving Commitments and delivering an Assignment AgreementRevolving Loans, as the case may be, represents and warrants as of the Original Closing Date or as of the applicable Assignment 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.610.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Movie Gallery Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit this Agreement or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Fourth Amendment Effective Date or as of the 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 Revolving Commitments Commit-ments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or 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 of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 92 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or 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 of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving 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 Revolving 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 Revolving 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 9.613.06, the disposition of such Revolving 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 of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Restatement Date or as of the 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 Revolving Commitments Limits or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments Limits or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments Limits or 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 9.6, the disposition of such Revolving Commitments Limits or 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)

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Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit this Agreement or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Fourth Amendment Effective Date or as of the 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit this Agreement or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Second Amendment Effective Date or as of the 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.6, the disposition of such Revolving Commitments or 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 of the Existing Credit Agreement hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Original Closing Date or as of the applicable Assignment Effective Date (Date, as defined in the applicable Assignment Agreement) 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 Revolving 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 Revolving 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 Revolving 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 9.610.6, the disposition of such Revolving 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)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Effective Date or as of the 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.69.1, the disposition of such Revolving Commitments or Revolving Loans or any interests therein shall at all times remain within its exclusive control).

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Hospira Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving 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 Revolving 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 Revolving 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 9.610.6, the disposition of such Revolving 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 (NTL Delaware Inc)

Representations and Warranties of Assignee. Each Lender, upon execution and delivery of the Existing Credit Agreement hereof or upon executing succeeding to an interest in the Revolving Commitments and delivering an Assignment AgreementRevolving Loans, as the case may be, represents and warrants as of the Original Closing Date or as of the applicable Assignment 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will shall make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.610.06, the disposition of such Revolving Commitments or 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 of the Existing Credit Agreement hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Original Closing Date or as of the 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 Revolving Commitments or Revolving Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Revolving Commitments or Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Revolving Commitments or 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 9.69.5, the disposition of such Revolving Commitments or 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.)

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