Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, 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 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.l, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 2 contracts
Samples: Pledge and Security Agreement (McDermott International Inc), Pledge and Security Agreement (McDermott International Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, correct 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 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.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Rent a Center Inc De), Guarantee and Collateral Agreement (Rent a Center Inc De)
Representations in Credit Agreement. In the case of each GuarantorGuarantor (other than Holdings), the representations and warranties set forth in Article IV III 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, 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 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 or Holdings' knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Harland Financial Solutions, Inc.), Guarantee and Collateral Agreement (Alpha Natural Resources, Inc.)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, in all material respectsrespects (other than any representation or warranty that is qualified by materiality or makes reference to Material Adverse Effect, 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 daterespects), and the Secured Parties 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.l4.1, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, in all material respectsrespects (other than any representation or warranty that is qualified by materiality or makes reference to Material Adverse Effect, 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 daterespects), and the Secured Parties 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.l4.1, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, correct 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 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.l, be deemed to be a reference to such Guarantor’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 Article IV III 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, 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 were true and correct in all material respects as of such earlier date, and the 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.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV III 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, 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 were true and correct in all material respects as of such earlier date, and the 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.l, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, 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 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 or Holdings' knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (General Nutrition Companies Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, correct 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 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.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Gentiva Health Services Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV III 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, correct 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 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.l4.1, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, in all material respectsrespects (other than any representation or warranty that is qualified by materiality or makes reference to Material Adverse Effect, 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 daterespects), and the Secured Parties 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.l4.1, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, in all material respectsrespects (other than any representation or warranty that is qualified by materiality or makes reference to Material Adverse Effect, 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 daterespects), and the Secured Parties 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.l4.1, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, 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 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.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 1 contract
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV III 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, 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 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.l, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Samples: Credit Agreement (Affirmative Insurance Holdings Inc)
Representations in Credit Agreement. In the case of each GuarantorGuarantor (other than Holdings), the representations and warranties set forth in Article IV III 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, 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 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 or Holdings' knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Alpha NR Holding Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, correct 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 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 or Parents’ knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Syniverse Technologies Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV Section 4 of the Credit Agreement as they relate to such Guarantor or to the Loan Documents to which such Guarantor is a partyparry, each of which is hereby incorporated herein by reference, are true and correct, correct 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 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.l4.1, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV Section 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, 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 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 or Holdings’ knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (General Nutrition International Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, 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 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.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 1 contract
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV III 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, 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 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.l4.0l, be deemed to be a reference to such Guarantor’s knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Blackboard Inc)
Representations in Credit Agreement. In the case of each Guarantor, the representations and warranties set forth in Article IV 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, in all material respects, correct (except for to the extent that such representations and warranties expressly stated to relate to a specific earlier particular date, in which case such representations and warranties shall be true and correct in all material respects on and as of such earlier date), and the 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 or Holdings' knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Guarantor’s 's knowledge.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (M & F Worldwide Corp)