Common use of Representations in Credit Agreement Clause in Contracts

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 13 contracts

Samples: Guarantee and Collateral Agreement (Day International Group Inc), Guarantee and Collateral Agreement (American Buildings Co /De/), Guarantee and Collateral Agreement (Anc Rental Corp)

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Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge or Holdings’ knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 7 contracts

Samples: And Collateral Agreement (Carbuyco, LLC), Credit Agreement (Carbuyco, LLC), Guarantee and Collateral Agreement (IAA Acquisition Corp.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as to the extent they relate refer to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and each of the Administrative Agent, the Collateral Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 6 contracts

Samples: Intercreditor Agreement (Covetrus, Inc.), Guarantee and Collateral Agreement (Covetrus, Inc.), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 5 contracts

Samples: Guarantee and Collateral Agreement (Iconix Brand Group, Inc.), Credit Agreement (Hudson Pacific Properties, Inc.), Guarantee and Collateral Agreement (Magellan Midstream Partners Lp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s or any Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 5 contracts

Samples: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Guarantee and Collateral Agreement (INC Research Holdings, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as to the extent they relate refer to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Collateral Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to Holdings’ or the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 5 contracts

Samples: First Lien Guarantee and Collateral Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.), Credit Agreement (PGA Holdings, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article V of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 4 contracts

Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Appleton Papers Inc/Wi)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation representations and warranty warranties to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 4 contracts

Samples: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Holdings, Inc.), Credit Agreement (Cinemark Holdings, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender Credit Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.13.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 4 contracts

Samples: Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Guarantee Agreement (MPT Operating Partnership, L.P.), Term Loan Agreement (MPT Operating Partnership, L.P.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article VI of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were made by such Guarantor and fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 3 contracts

Samples: Credit Agreement (Hanger, Inc.), Guarantee and Collateral Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (NBC Acquisition Corp), Guarantee and Collateral Agreement (Nebraska Book Co)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor Guarantor, or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth hereinherein and made to Lender, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Kojaian Mike), Guarantee and Collateral Agreement (Grubb & Ellis Co)

Representations in Credit Agreement. In the case of each GuarantorGuarantor (other than the Borrower), the representations and warranties set forth in Section 4 Article V of the Credit Agreement as they relate to such Guarantor (in its capacity as a Subsidiary of the Borrower, as a Guarantor or as a Borrower Party) or to the Loan Documents or other agreements to which such Guarantor is a party, each of which is hereby incorporated herein by reference, party are true and correct, and correct in all material respects as of the Administrative Agent and each Lender shall be entitled to rely on each date as of them as if which they were fully set forth hereingiven; provided, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.15.01, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Energy Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 3 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Sba Communications Corp), Guaranty and Collateral Agreement (Mission Resources Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Nbty Inc), Guarantee and Collateral Agreement (Nbty Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Security Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Convertible Loan Agreement (Time Warner Inc/), Convertible Loan Agreement (Time Warner Inc/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Nebraska Book Co), Guarantee and Collateral Agreement (NBC Acquisition Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided provided, that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Standard Aero Holdings Inc.), Guarantee and Collateral Agreement (Standard Aero Holdings Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as to the extent they relate refer to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and each of the Administrative Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: And Collateral Agreement (Allison Transmission Holdings Inc), Guarantee and Collateral Agreement (Allison Transmission Holdings Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Medical Properties Trust Inc), And Collateral Agreement (Medical Properties Trust Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (KAR Auction Services, Inc.)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are (i) if qualified by materiality, true and correct, and (ii) if not so qualified, true and correct in all material respects, and the Administrative Agent Agents and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation representations and warranty warranties to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Cinemark Usa Inc /Tx), Guarantee and Collateral Agreement (Cinemark Usa Inc /Tx)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 3 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (XCel Brands, Inc.), Guaranty and Collateral Agreement (Mission Resources Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Imperial Holly Corp), Guarantee and Collateral Agreement (Imperial Holly Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents Documents, the Specified Hedge Agreements or the Specified Cash Management Agreements to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and each Agent, the Administrative Agent Collateral Trustee and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Carmike Cinemas Inc), Guarantee and Collateral Agreement (Carmike Cinemas Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the 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 correctcorrect in all material respects, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Alliance Laundry Systems LLC), Credit Agreement (Alliance Laundry Systems LLC)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Dobson Communications Corp), Guarantee and Collateral Agreement (White Mountains Insurance Group LTD)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, except for representations and warranties expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and the Administrative Agent and each Lender Secured Parties shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.14.l, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Credit Agreement (Rent a Center Inc De), Guarantee and Collateral Agreement (Rent a Center Inc De)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Scientific Games Corp), Guarantee and Collateral Agreement (Scientific Games Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s or any Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Credit Agreement (Auxilium Pharmaceuticals Inc), Credit Agreement (Auxilium Pharmaceuticals Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and each of the Administrative Agent, the Collateral Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to Holdings’ or the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Wesco Aircraft Holdings, Inc), Guarantee and Collateral Agreement (Wesco Aircraft Holdings, Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s or to any Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 2 contracts

Samples: First Lien Guarantee and Collateral Agreement (New World Restaurant Group Inc), Guarantee and Collateral Agreement (Einstein Noah Restaurant Group Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents or Transaction Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such each Guarantor's knowledge.

Appears in 2 contracts

Samples: Guarantee and Collateral Agreement (Omniamerica Inc), Guarantee and Collateral Agreement (WTNH Broadcasting Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Sections 4.3, 4.4 and 4.9 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (CKX, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the EXHIBIT A: 11 representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent, the Collateral Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Rotech Healthcare Inc)

Representations in Credit Agreement. In the case of each ----------------------------------- Guarantor, the representations and warranties set forth in Section 4 subsections 3.7, 3.12, 3.13 and 3.16 of the Credit Agreement as they relate to such Guarantor or such Guarantor's Subsidiary or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the BorrowerCompany's knowledge shall, for the purposes of this Section 4.14.2, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (G&l Realty Corp)

Representations in Credit Agreement. In the case of each Guarantor, ----------------------------------- the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each -------- such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Grubb & Ellis Co)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 Sections 4.3, 4.4, 4.5 and 4.6 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty -------- to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Reliant Building Products Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 subsection 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided PROVIDED that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Collateral Agreement (Dal Tile International Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein; provided, provided that each reference in each such representation and warranty to the Borrower's ’s or any Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.. 4.2

Appears in 1 contract

Samples: Credit Agreement (Lantheus Holdings, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein; provided, provided that each reference in each such representation and warranty to the Borrower's ’s or any Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Lantheus Holdings, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 3 of the Term Loan Agreement and Section 3 of the Revolving Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (B&g Foods Inc)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 8 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent Agents and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge of Holdings or a Borrower shall, for the purposes of this Section 4.14.1(a), be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (SMTC Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Parties shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.14.l, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Control Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.14.1(a), be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Protection One Alarm Monitoring Inc)

Representations in Credit Agreement. In the case of each ----------------------------------- Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to -------- either of the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Details Capital Corp)

Representations in Credit Agreement. In the case of each ----------------------------------- Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents Credit Document to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty -------- to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (LFC Armored of Texas Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent Agents and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.15.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Grand Union Co /De/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Security Agent and each the Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Binc Acquisition Corp)

Representations in Credit Agreement. In the case of each the Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such the Guarantor or to the Loan Documents to which such the Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such the Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Ddi Capital Corp/Dynamic Details Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge of Holdings and the Borrower shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Scientific Games Corp)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the 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 is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender other Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided ; PROVIDED that each reference in each such representation and warranty to the any Borrower's knowledge shall, for the purposes of this Section 4.14.1(a), be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Cole National Corp /De/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 6 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Assumption Agreement (Scientific Games Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 subsection 8 of the Credit Agreement as they relate to such Guarantor or to the Loan Credit Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the BorrowerCompany's 11 8 knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Polo Ralph Lauren Corp)

Representations in Credit Agreement. In the case of each ----------------------------------- Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan other Credit Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent, each other Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in -------- each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.. 4.2

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (P&l Coal Holdings Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents Credit Document to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.13.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Pledge and Security Agreement (L 3 Communications Holdings Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were made by such Guarantor and fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Hanger Orthopedic Group Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article V of the Credit Agreement as they relate to such Guarantor or to the Loan Credit Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Collateral Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (West Village Gym at the Archives LLC)

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Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Credit Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent Agents and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's Guarantee and Collateral Agreement knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Birch Telecom Inc /Mo)

Representations in Credit Agreement. In the case of each Guarantor, the The representations and warranties of the Borrower set forth in Section 4 of the Credit Agreement as they relate to such which are specifically made in respect of a particular Guarantor or to in respect of the Loan Documents to which such 053113\0942\02497\9764JKRJ.GUA Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Collateral Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Master Guarantee and Collateral Agreement (Key Energy Group Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Carmike Cinemas Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 subsection 3 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided PROVIDED that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Credit Agreement (Big City Radio Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the 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 correctcorrect in all material respects, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Alliance Laundry Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article III of the Credit Agreement as they relate to such Guarantor or to the Loan Transaction Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's a Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Trans Energy Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 6.01 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein; provided, provided that each reference in each such representation and warranty to the Borrower's ’s or any Loan Party’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Lantheus Holdings, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 3 of the Term Loan Agreement and Section 3 of the Revolving Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (B&g Foods Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Credit Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Master Guarantee and Collateral Agreement (Ero Marketing Inc)

Representations in Credit Agreement. In the case of each ------------------------------------ Guarantor, the representations and warranties set forth in Section 4 of the 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, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and -------- warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Credit Agreement (Alliance Laundry Holdings LLC)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 8 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the General Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge of Holdings or a Borrower shall, for the purposes of this Section 4.14.1(a), be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (SMTC Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent Agents and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Grand Union Co /De/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article IV of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a partyparty , each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, 4.1 be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Conmed Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s or Holding’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Ifco Systems Nv)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s or to any Loan Party’s knowledge shall, for the purposes of this Section 4.13.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee Agreement (New World Restaurant Group Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to either of the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Credit Agreement (Ddi Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 subsection 3 of the Credit Agreement as they relate and apply to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Credit Agreement (Big City Radio Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Parent’s or the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Yankee Holding Corp.)

Representations in Credit Agreement. In the case of each ----------------------------------- Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: And Collateral Agreement (Nationwide Credit Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article VI of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were made by such Guarantor and fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Hanger, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's or any Loan Party's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Riverbed Technology, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article V and Section 4 2.21 of the Credit Agreement as they relate to such Guarantor or to the Loan Credit Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender Secured Creditors shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.15.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: And Collateral Agreement (Bally Total Fitness Holding Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 6 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the BorrowerCompany's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Nbty Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 3 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (B&g Foods Holdings Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's ’s knowledge shall, for the purposes of this Section 4.1, 4.1 be deemed to be a reference to such Guarantor's ’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (National CineMedia, Inc.)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.14.1(a), be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Digital Television Services of Kansas LLC)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 Article 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Cooperative Computing Inc /De/)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's or Holding's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Ifco Systems Nv)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative each Lead Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Jondex Corp)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender Secured Parties shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the each Borrower's knowledge shall, for the purposes of this Section 4.14.l(a), be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Credit Agreement (Regal Cinemas Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 8 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correctcorrect in all material respects, and the Administrative Collateral Agent and each Lender Secured Party shall be entitled to rely on each of them as if they were fully set forth herein; provided, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Wire Harness Industries Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section Article 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Conmed Corp)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the each Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Avery Berkel Holdings LTD)

Representations in Credit Agreement. In the case of each ----------------------------------- Guarantor, the representations and warranties set forth in Section 4 3 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each -------- reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (V I Technologies Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative each Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Nbty Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such each Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (STC Broadcasting Inc)

Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided PROVIDED that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.1, be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Aftermarket Technology Corp)

Representations in Credit Agreement. (a) In the case of each Guarantor, the representations and warranties set forth in Section 4 3 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a party, each of which is hereby incorporated herein by reference, are true and correct, and the Administrative Agent and each Lender shall be entitled to rely on each of them as if they were fully set forth herein, provided that each reference in each such representation and warranty to the Borrower's knowledge shall, for the purposes of this Section 4.14.1(a), be deemed to be a reference to such Guarantor's knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Infinity Property & Casualty Corp)

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