Common use of Representations in the Credit Agreement and the Other Loan Documents Clause in Contracts

Representations in the Credit Agreement and the Other Loan Documents. Each of the representations and warranties made by or on behalf of any Loan Party to Agent or any Lender in the Credit Agreement or any of the other Loan Documents was true and correct in all material respects when made, and is, except (a) for the Existing Defaults (or the facts and circumstances resulting therein), (b) to the extent updated by amended and restated disclosure schedules provided to the Agent and certified by an officer of Borrower, or (c) to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date, true and correct in all material respects on and as of the date of this Agreement with the same full force and effect as if each of such representations and warranties had been made by such Loan Party on the date hereof and in this Agreement; provided, that all such foregoing materiality modifiers shall not apply in respect of those representations and warranties that by their terms are subject to conditions of materiality under the Credit Agreement.

Appears in 2 contracts

Samples: Second Forbearance Agreement (Essex Rental Corp.), Forbearance Agreement (Essex Rental Corp.)

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Representations in the Credit Agreement and the Other Loan Documents. Each of the representations and warranties made by or on behalf of any Loan Party to Agent or any Lender in the Credit Agreement or any of the other Loan Documents was true and correct in all material respects when made, and is, except (a) for the Existing Defaults (or the facts and circumstances resulting therein), (b) to the extent updated by amended and restated disclosure schedules provided to the Agent and certified by an officer of Borrower, or (c) to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier date, true and correct in all material respects on and as of the date of this Agreement Amendment with the same full force and effect as if each of such representations and warranties had been made by such Loan Party on the date hereof and in this AgreementAmendment; provided, that all such foregoing materiality modifiers shall not apply in respect of those representations and warranties that by their terms are subject to conditions of materiality under the Credit Agreement.

Appears in 2 contracts

Samples: Third Forbearance Agreement (Essex Rental Corp.), Second Forbearance Agreement (Essex Rental Corp.)

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Representations in the Credit Agreement and the Other Loan Documents. Each of the representations and warranties made by or on behalf of any Loan Party Borrower to Agent or any Lender in the Credit Agreement or any of the other Loan Documents was true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) when made, and is, except (a) for the Existing Defaults (or the facts and circumstances resulting therein), (b) to the extent updated by amended and restated disclosure schedules provided to the Agent and certified by an officer of Borrower, or (c) to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects as of such earlier dateDesignated Defaults, true and correct in all material respects on and as of the date of this Agreement (except to the extent that such representations and warranties relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (except that such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof) as of such earlier date) with the same full force and effect as if each of such representations and warranties had been made by such Loan Party Borrower on the date hereof and in this Agreement; provided, that all such foregoing materiality modifiers shall not apply in respect of those representations and warranties that by their terms are subject to conditions of materiality under the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Ocz Technology Group Inc)

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