Common use of Representations and Warranties of Each Guarantor Clause in Contracts

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Collateral Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s knowledge shall, for the purposes of this subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 4 contracts

Samples: Collateral Agreement (Hd Supply, Inc.), Credit Agreement (Hd Supply, Inc.), Guarantee and Collateral Agreement (Hd Supply, Inc.)

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Representations and Warranties of Each Guarantor. To induce the U.S. ABL Collateral Administrative Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers Borrower thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Administrative Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party or to the Transaction Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Administrative Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s 's knowledge shall, for the purposes of this subsection Section 4.1, be deemed to be a reference to such Guarantor’s 's knowledge.

Appears in 2 contracts

Samples: Credit Agreement (Telex Communications Inc), Guarantee and Collateral Agreement (Telex Communications Inc)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Collateral Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s knowledge shall, for the purposes of this subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 2 contracts

Samples: Assumption Agreement (RSC Equipment Rental, Inc.), The Credit Agreement (RSC Holdings Inc.)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Administrative Agent, the Collateral Agent and the Canadian Facility Lenders to enter into the ABL Credit Agreement and to induce the Canadian Facility Lenders to make their respective extensions of credit to the Canadian Borrowers thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party (to the extent such representations and warranties are required to be true and correct for any applicable Extension of Credit pursuant to Section 6 of the Credit Agreement) that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s knowledge shall, for the purposes of this subsection Subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 1 contract

Samples: Assumption Agreement (Nci Building Systems Inc)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Collateral Administrative Agent and the Lenders to enter into the ABL Senior Secured Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers Borrower thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Administrative Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Senior Secured Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party or to the Transaction Documents to which such Guarantor is a party, 19 14 each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Administrative Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s 's knowledge shall, for the purposes of this subsection Section 4.1, be deemed to be a reference to such Guarantor’s 's knowledge.

Appears in 1 contract

Samples: And Collateral Agreement (Ev International Inc)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Collateral Administrative Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers Borrower thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Administrative Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party or to the Transaction Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respectsrespects as of the date hereof, and the U.S. ABL Collateral Administrative Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Parent's or the Borrower’s 's knowledge shall, for the purposes of this subsection Section 4.1, be deemed to be a reference to such Guarantor’s 's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Global Decisions Group LLC)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Administrative Agent, the Collateral Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers Borrower thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party (to the extent such representations and warranties are required to be true and correct for any applicable Extension of Credit pursuant to Section 6 of the Credit Agreement) that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s knowledge shall, for the purposes of this subsection Subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 1 contract

Samples: Cash Flow Guarantee and Collateral Agreement (Nci Building Systems Inc)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Administrative Agent, the Collateral Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers thereunder, each Guarantor (other than the Borrowers) hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, on the Closing Date and thereafter, to the extent such representations and warranties are required to be true and correct for any applicable Extension of Credit pursuant to Section 6 of the Credit Agreement, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent BorrowerParent’s knowledge shall, for the purposes of this subsection Subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Nci Building Systems Inc)

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Representations and Warranties of Each Guarantor. To induce the U.S. ABL Collateral Administrative Agent and the Lenders to enter into the ABL Senior Secured Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers Borrower thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Administrative Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Senior Secured Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party or to the Transaction Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Administrative Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s 's knowledge shall, for the purposes of this subsection Section 4.1, be deemed to be a reference to such Guarantor’s 's knowledge.

Appears in 1 contract

Samples: And Collateral Agreement (Ev International Inc)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Administrative Agent, the Collateral Agent and the Lenders to enter into the ABL Credit Agreement and to induce the Lenders to make their respective extensions of credit to the Borrowers thereunder, each Guarantor (other than the U.S. Borrowers) hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party (to the extent such representations and warranties are required to be true and correct for any applicable Extension of Credit pursuant to Section 6 of the Credit Agreement) that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent Borrower’s knowledge shall, for the purposes of this subsection Subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Nci Building Systems Inc)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Administrative Agent, the Collateral Agent Agent, the Lenders and the Issuing Lenders to enter into the ABL Credit Agreement and to induce the Lenders and Issuing Lenders to make their respective extensions of credit to the Borrowers thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party that the representations and warranties set forth in Section 5 7 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the Parent U.S. Borrower’s knowledge shall, for the purposes of this subsection Subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Univar Solutions Inc.)

Representations and Warranties of Each Guarantor. To induce the U.S. ABL Administrative Agent, the Collateral Agent Agent, the Lenders and the Issuing Lenders to enter into the ABL Credit Agreement and to induce the Lenders and Issuing Lenders to make their respective extensions of credit to the Borrowers thereunder, each Guarantor hereby represents and warrants to the U.S. ABL Collateral Agent and each other Secured Party that the representations and warranties set forth in Section 5 of the ABL Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which representations and warranties is hereby incorporated herein by reference, are true and correct in all material respects, and the U.S. ABL Collateral Agent and each other Secured Party shall be entitled to rely on each of such representations and warranties as if fully set forth herein; provided that each reference in each such representation and warranty to the U.S. Parent Borrower’s knowledge shall, for the purposes of this subsection Subsection 4.1, be deemed to be a reference to such Guarantor’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Univar Solutions Inc.)

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