Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 21 contracts
Samples: Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.), Second Amended and Restated Credit Agreement (DigitalOcean Holdings, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections Section 11.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 16 contracts
Samples: Credit Agreement (Eastern Co), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Lemaitre Vascular Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section 11.06 will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 13 contracts
Samples: Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections Section 11.06(b), (c) and (cf), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 8 contracts
Samples: Priming Facility Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(bSection 11.05(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 6 contracts
Samples: Term Loan Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, PROVIDED that subject to the preceding Sections 11.06(bsections 12.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 6 contracts
Samples: Credit Agreement (Lesco Inc/Oh), Credit Agreement (Om Group Inc), Credit Agreement (Value City Department Stores Inc /Oh)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section 11.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b11.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 6 contracts
Samples: Credit Agreement (DPL Inc), Credit Agreement, Credit Agreement (Dayton Power & Light Co)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections Section 11.06(b) and (c(c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 3 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes a Lender pursuant to an assignment permitted by this Section 13.5 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b13.5(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section section 13.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(bsections 13.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (Calgon Carbon Corporation), Credit Agreement (Calgon Carbon Corporation)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b12.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section 10.06 will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b10.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (PGT, Inc.), Credit Agreement (PGT, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes became a Lender pursuant to an assignment permitted by this Section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b12.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (Central Hudson Gas & Electric Corp), Credit Agreement (Ch Energy Group Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes a Lender pursuant to an assignment permitted by this Section section 15.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accreditedaccredited investor” investor (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(bsections 15.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (Genlyte Group Inc), Credit Agreement (Genlyte Group Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section section 13.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(bsections 13.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (Om Group Inc), Credit Agreement (Stoneridge Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes became a Lender pursuant to an assignment permitted by this Section section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, PROVIDED that subject to the preceding Sections 11.06(bsections 12.4(b) and (cd), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Om Group Inc), Revolving Credit Agreement (Om Group Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section 10.06 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b10.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 2 contracts
Samples: Credit Agreement (PGT Innovations, Inc.), Credit Agreement (PGT Innovations, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section section 13.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(bsections 13.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
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Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section 10.06 will, upon its becoming party to this Agreement, represents representsrepresent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b10.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section 11.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire the Term Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b11.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes became a Lender pursuant to an assignment permitted by this Section section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(bsections 12.4(b) and (cd), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents represent, that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b11.5(b) and (c11.5(c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Samples: Credit Agreement (RBC Bearings INC)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(bSection 13.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lenderbank, other financial institution or other “accredited” investor "accredited investor" (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, PROVIDED that subject to the preceding Sections 11.06(bsections 12.4(b), (c) and (cd), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Samples: Credit Agreement (Ferro Corp)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section 11.06 will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections Section 11.06(b) and (cSection 11.06(c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Samples: Credit Agreement (Patheon Holdings Cooperatief U.A.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes a Lender pursuant to an assignment permitted by this Section section 13.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “accreditedaccredited investor” investor (as defined in SEC Regulation D) that which makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(bsections 13.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Samples: Credit Agreement (Genlyte Group Inc)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of -94- such business; provided, however, that subject to the preceding Sections 11.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person person that becomes became a Lender pursuant to an assignment permitted by this Section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b12.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes became a Lender pursuant to an assignment permitted by this Section 12.4 will, upon its becoming party to this Agreement, represents represent that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, provided that subject to the preceding Sections 11.06(b12.4(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “accredited” investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections Section 11.06(b), (c) and (cf), the #4842-1976-9300 #4848-6974-4858 disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract
Samples: Priming Facility Credit Agreement (GTT Communications, Inc.)
Representations of Lenders. Each Lender initially party to this Agreement hereby represents, and each Person that becomes a Lender pursuant to an assignment permitted by this Section will, upon its becoming party to this Agreement, represents that it is a commercial lender, other financial institution or other “"accredited” " investor (as defined in SEC Regulation D) that makes or acquires loans in the ordinary course of its business and that it will make or acquire Loans for its own account in the ordinary course of such business; provided, however, that subject to the preceding Sections 11.06(b) and (c), the disposition of any promissory notes or other evidences of or interests in Indebtedness held by such Lender shall at all times be within its exclusive control.
Appears in 1 contract