Common use of Representations and Warranties True and Correct; No Event of Default Clause in Contracts

Representations and Warranties True and Correct; No Event of Default. (i) All of the representations and warranties made or deemed to be made under this Agreement or any other Financing Document shall be true and correct at the time of the disbursement of the Revolving Credit Loan (except for the representation or warranty contained in Section 2.4 with respect to distributions to the extent it is no longer true by reason of a distribution made in accordance with, and permitted by, Section 5.7 below., with and without giving effect to the making of the Revolving Credit Loan and the application of the proceeds thereof, and (ii) no Event of Default or Default, shall have occurred and be continuing at such time, with and without giving effect to the making of the such Loan and the application of the proceeds thereof. The Lender may, without waiving this condition, consider it fulfilled, and a representation and warranty by the Borrower to such effect made to the Lender, if no written notice to the contrary is received by the Lender from the Borrower prior to the making of the such Loan.

Appears in 1 contract

Samples: Credit and Security Agreement (Astrex Inc)

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Representations and Warranties True and Correct; No Event of Default. (i) All of the representations and warranties made or deemed to be made under this Agreement or any other Financing Document shall be true and correct at the time of the disbursement of the such Revolving Credit Loan or the Term Loan, as the case may be (except for the representation or warranty contained in Section 2.4 with respect to distributions to the extent it is no longer true by reason of a distribution made in accordance with, and permitted by, Section 5.7 below.), with and without giving effect to the making of the such Revolving Credit Loan or the Term Loan, as the case may be, and the application of the proceeds thereof, and (ii) no Event of Default or Default, shall have occurred and be continuing at such time, with and without giving effect to the making of the such Loan and the application of the proceeds thereof. The Lender may, without waiving this condition, consider it fulfilled, and a representation and warranty by the Borrower to such effect made to the Lender, if no written notice to the contrary is received by the Lender from the Borrower prior to the making of the such Loan.

Appears in 1 contract

Samples: Credit and Security Agreement (Astrex Inc)

Representations and Warranties True and Correct; No Event of Default. (i) All of the representations and warranties made or deemed to be made under this Loan Agreement or any other Financing Document shall be true and correct in all material respects (provided, that, in the case of any representations or warranties which contain a materiality or Material Adverse Effect qualifier, the condition precedent under this clause (i) shall be that all such representations and warranties are true and correct in all respects) at the time of the disbursement of the Revolving Credit Loan (except for the representation or warranty contained in Section 2.4 with respect to distributions to the extent it is no longer true by reason of a distribution made in accordance with, and permitted by, Section 5.7 below.Loan, with and without giving effect to the making of the Revolving Credit Loan and the application of the proceeds thereof, and (ii) no Event of Default or Default, Default shall have occurred and be continuing at such time, with and without giving effect to the making of the such Loan and the application of the proceeds thereof. The Lender may, without waiving this condition, consider it fulfilled, and a representation and warranty by the Borrower to such effect shall be deemed made to the LenderLender by the Borrower, if no written notice to the contrary is received by the Lender from the Borrower prior to the making of the such Loan.

Appears in 1 contract

Samples: Revolving Loan Agreement (Blyth Inc)

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Representations and Warranties True and Correct; No Event of Default. (i) All of the representations and warranties made or deemed to be made under this Agreement or any other Financing Document shall be true and correct at the time of the disbursement of the such Revolving Credit Loan Loan, the issuance of any Letter of Credit or the disbursement of the Term Loan, as the case may be (except for the representation or warranty contained in Section 2.4 with respect to distributions to the extent it is no longer true by reason of a distribution made in accordance with, and permitted by, Section 5.7 below.), with and without giving effect to the making of the such Revolving Credit Loan Loan, issuance of such Letter of Credit or the making of the Term Loan, as the case may be, and the application of the proceeds thereof, and (ii) no Event of Default or Default, shall have occurred and be continuing at such time, with and without giving effect to the making of the such Loan or the issuance of such Letter of Credit, as the case may be, and the application of the proceeds thereof. The Lender may, without waiving this condition, consider it fulfilled, and a representation and warranty by the Borrower to such effect made to the Lender, if no written notice to the contrary is received by the Lender from the Borrower prior to the making of the such LoanLoan or the issuance of such Letter of Credit, as the case may be.

Appears in 1 contract

Samples: Credit and Security Agreement (Astrex Inc)

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