Common use of Representations of Borrower Clause in Contracts

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III of the Credit Agreement will be true in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date and (ii) no Default will have occurred and be continuing on such date.

Appears in 2 contracts

Samples: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Equistar Chemicals Lp)

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Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III 3 of the Credit Agreement will be true in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date and (ii) no Default will have occurred and be continuing on such date.

Appears in 2 contracts

Samples: Credit Agreement (Lyondell Chemical Co), Credit Agreement (Equistar Chemicals Lp)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower Loan Parties set forth in Article III 3 of the Credit Agreement will be true and correct in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect ); provided, that any representation and warranty that is qualified as though made to “materiality” “Material Adverse Effect” or similar language will be true and correct in all respects on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date Amendment Effective Date and (ii) no Default will have occurred and be continuing on such date.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty (Tower Automotive, LLC), Revolving Credit and Guaranty Agreement (Tower Automotive, LLC)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III of the Credit Agreement will be true and correct in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect as though made on and as of such dateDate, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties were true and correct in all material respects as of such earlier date), and (ii) no Default or Event of Default will have occurred and be continuing on such date.

Appears in 2 contracts

Samples: Credit Agreement (Universal City Travel Partners), Credit Agreement (UCFH II Finance, Inc.)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III V of the Credit Agreement will be true and correct in all material respects on and as of the date of effectiveness of this Amendment Effective Date (as defined below) with the same effect as though made on and as of such date, except to the extent that such representations and warranties expressly relate specifically refer to an earlier date date, in which case they shall be true and correct in all material respects as of such earlier date) and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Pmi Group Inc)

Representations of Borrower. The Borrower represents and warrants that after giving effect to the foregoing provisions of this Amended and Restated Credit Agreement (i) the representations and warranties of the Borrower set forth in Article III 3 of the Credit Agreement will be true in all material respects and correct on and as of the Amendment Effective Date (as defined belowhereinafter defined) with to the same effect extent as though made they would be required to be under Section 4.03(b) on and as the occasion of such date, except to the extent such representations and warranties expressly relate to an earlier date any Borrowing and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: Credit Agreement (Laroche Industries Inc)

Representations of Borrower. The Borrower represents and warrants that after giving effect to the foregoing provisions of this Amendment (i) the representations and warranties of the Borrower set forth in Article III 3 of the Credit Agreement will be true in all material respects and correct on and as of the Amendment Effective Date (as defined belowhereinafter defined) with to the same effect extent as though made they would be required to be under Section 4.03(b) on and as the occasion of such date, except to the extent such representations and warranties expressly relate to an earlier date any Borrowing and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: Credit Agreement (Laroche Industries Inc)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III 3 of the Credit Agreement and in the other Loan Documents will be true in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: Credit Agreement (Box Inc)

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Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III 3 of the Credit Agreement will be true and correct in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: Credit Agreement (Delhaize Group)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III 4 of the Credit Agreement will be are true in all material respects on and as of the Third Amendment Effective Date (as defined below) with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date and (ii) no Default will have has occurred and be is continuing on such date.

Appears in 1 contract

Samples: Credit Agreement (Lyondell Chemical Co)

Representations of Borrower. The Borrower represents and warrants that after giving effect to this Amendment (i) the representations and warranties of the Borrower set forth in Article III 3 of the Credit Agreement will be are true and correct (except in all material respects on the case of any such representation or warranty that, by its terms expressly relates only to a specified earlier date, each of which representations and as of the Amendment Effective Date (as defined below) with the same effect as though made on and warranties was true as of such specified earlier date, except to the extent such representations and warranties expressly relate to an earlier date ) and (ii) no Default will have has occurred and be continuing on such dateis continuing.

Appears in 1 contract

Samples: Credit Agreement (Williams Communications Group Inc)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower Loan Parties set forth in Article III 3 of the Credit Loan Agreement will be true and correct in all material respects on and as of the Amendment Effective Date (as defined below) with the same effect ); provided, that any representation and warranty that is qualified as though made to “materiality” “Material Adverse Effect” or similar language will be true and correct in all respects on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date Amendment Effective Date and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: And Guaranty Agreement (Tower Automotive, LLC)

Representations of Borrower. The Borrower represents and warrants that (i) the representations and warranties of the Borrower set forth in Article III of the Credit Agreement Loan Documents will be true and correct in all material respects on and as of the Amendment Effective Date (as defined below) except with the same effect as though made on respect to representations and warranties which specifically refer to an earlier date, which shall be true and correct in all material respects as of such earlier date, except to the extent such representations and warranties expressly relate to an earlier date ) and (ii) no Default will have occurred and be continuing on such date.

Appears in 1 contract

Samples: Loan and Security Agreement (Foster Wheeler LTD)

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