Representations Correct; No Default. Kindred and the Borrower each represents and warrants that (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Effective Date (as defined below) as though made on and as of such date and (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Effective Date.
Appears in 6 contracts
Samples: Credit Agreement (Kindred Healthcare Inc), Credit Agreement (Kindred Healthcare Inc), Credit Agreement (Kindred Healthcare Inc)
Representations Correct; No Default. Kindred and the Borrower each represents and warrants that (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Waiver Effective Date (as defined below) as though made on and as of such date and (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Waiver Effective Date.
Appears in 2 contracts
Samples: Waiver (Kindred Healthcare Inc), Waiver (Kindred Healthcare Inc)
Representations Correct; No Default. Kindred and the Borrower each represents and warrants that (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Effective Date (as defined below) as though made on and as of such date and (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Effective Date.
Appears in 2 contracts
Samples: Credit Agreement (Kindred Healthcare Inc), Credit Agreement (Kindred Healthcare Inc)
Representations Correct; No Default. Kindred and the The Borrower each represents and warrants that (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Effective Date (as defined below) as though made on and as of such date and (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Effective Date.
Appears in 2 contracts
Samples: Amendment No. 1 and Consent (Kindred Healthcare, Inc), Credit Agreement (Kindred Healthcare, Inc)
Representations Correct; No Default. Kindred and the Borrower each represents and warrants that (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Effective Date (as defined below) and the Commitment Increase Effective Date as though made on and as of such date dates and (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Effective Date or the Commitment Increase Effective Date.
Appears in 1 contract
Representations Correct; No Default. Kindred and the Borrower each represents and warrants that (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Effective Date (as defined below) as though made on and as of such date and date, (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Effective DateDate and (iii) the Prepayment is permitted under the terms of the Exit Facility.
Appears in 1 contract
Representations Correct; No Default. Kindred and the Borrower each represents and warrants that that, except as expressly waived hereby, on and as of the date hereof (i) the representations and warranties contained in the Financing Documents are true as though made on and as of the date hereof and will be true on and as of the Amendment Effective Date (as defined below) as though made on and as of such date and (ii) no Default has occurred and is continuing on the date hereof and no Default will occur or be continuing on the Amendment Effective Datecontinuing.
Appears in 1 contract
Samples: Waiver Agreement (Ventas Inc)