Common use of Representations True; No Event of Default; Compliance Certificate Clause in Contracts

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan; and Agent shall have received a Compliance Certificate with computations evidencing compliance with the covenants contained in §9.1 through §9.6 hereof after giving effect to such requested Loan.

Appears in 2 contracts

Samples: Unsecured Revolving Credit Agreement (Amerivest Properties Inc), Revolving Credit Agreement (Amerivest Properties Inc)

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Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower and the Company contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such Loan; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such Loan; and Agent . Each of the Lenders shall have received a Compliance Certificate with of the Borrower signed by a Responsible Officer to such effect, which certificate will include, without limitation, computations evidencing compliance with the covenants contained in §9.1 through §9.6 Section 9 hereof after giving effect to such requested Loan.

Appears in 2 contracts

Samples: Credit Agreement (Prime Group Realty Trust), Credit Agreement (Prime Group Realty Trust)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties made by or on behalf of the Borrower or BPI contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loaneach Loan or the issuance, extension or renewal of each Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, and except (ii) to the extent that such representations and warranties relate expressly to an earlier date); date and (iii) to the extent otherwise represented by the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior respect to the Borrowing Date of such Loanrepresentation set forth in §7.10); and no Default or Event of Default shall have occurred and be continuing on the date of any Completed Loan Request (or request for a Swingline Loan or a Bid Rate Advance Borrowing Notice) or on the Borrowing Drawdown Date (or other date of such Loan; and Agent shall have received a Compliance Certificate with computations evidencing compliance with the covenants contained in §9.1 through §9.6 hereof after giving effect to such requested advance) of any Loan.

Appears in 2 contracts

Samples: Assignment and Assumption (Boston Properties LTD Partnership), Credit Agreement (Boston Properties LTD Partnership)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties made by or on behalf of the Borrower or BPI contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loaneach Loan or the issuance, extension or renewal of each Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, and except (ii) to the extent that such representations and warranties relate expressly to an earlier date); date and (iii) to the extent otherwise represented by the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior respect to the Borrowing Date of such Loanrepresentation set forth in §7.10); and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Completed Loan Request (or request for a Swingline Loan or a Bid Rate Advance Borrowing Notice) or on the Borrowing Drawdown Date (or other date of such Loan; and Agent shall have received a Compliance Certificate with computations evidencing compliance with the covenants contained in §9.1 through §9.6 hereof after giving effect to such requested advance) of any Loan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Boston Properties Inc)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties made by or on behalf of the Borrower or BPI contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loaneach Loan or the issuance, extension or renewal of each Letter of Credit, with the same effect as if made at and as of that time (except (i) to the extent of changes resulting from transactions contemplated or permitted not prohibited by this Agreement and or the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adversebusiness, and except (ii) to the extent that such representations and warranties relate expressly to an earlier date); date and (iii) to the extent otherwise represented by the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior respect to the Borrowing Date of such Loanrepresentation set forth in §7.10); and no Default or Event of Default under this Agreement shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Drawdown Date of such Loan; and Agent shall have received a Compliance Certificate with computations evidencing compliance with the covenants contained in §9.1 through §9.6 hereof after giving effect to such requested any Loan.

Appears in 1 contract

Samples: Revolving Credit Agreement (Boston Properties Inc)

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Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such LoanLoan or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such LoanLoan or the issuance date of such Letter of Credit; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such LoanLoan or on the date of any Letter of Credit Request or on the issuance date of such Letter of Credit; and Agent each of the Lenders shall have received a Compliance Certificate with computations evidencing compliance with the covenants contained in §9.1 ss.9.1 through §9.6 ss.9.3 hereof after giving effect to such requested LoanLoan or Letter of Credit.

Appears in 1 contract

Samples: Credit Loan Agreement (Koger Equity Inc)

Representations True; No Event of Default; Compliance Certificate. Each of the representations and warranties of the Borrower contained in this Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Agreement shall be true and correct in all material respects as of the date as of which they were made and shall also be true and correct in all material respects at and as of the time of the making of such Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or permitted by this Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date); the Borrower shall have performed and complied with all terms and conditions herein required to be performed by it or prior to the Borrowing Date of such LoanClosing Date; and no Default or Event of Default shall have occurred and be continuing on the date of any Loan Request or on the Borrowing Date of such LoanClosing Date; and Agent shall have received a Compliance Certificate with computations evidencing compliance with the covenants contained in §9.1 ss.9.1 through §9.6 ss.9.3 hereof after giving effect to such requested the Loan.

Appears in 1 contract

Samples: Term Loan Agreement (Amerivest Properties Inc)

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