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

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers and their Subsidiaries 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 as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers signed by an authorized officer of the Borrowers to such effect.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

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Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Term Loan, Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Term Loan, Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.), Revolving Credit and Term Loan Agreement (CAI International, Inc.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal issuance of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or permitted not prohibited by this Credit Agreement and the other Loan Documents and or (ii) changes occurring in the ordinary course of business that singly or in the aggregate are do not materially adverseconstitute a Material Adverse Effect, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Creditcontinuing. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Timberland Co), Revolving Credit Agreement (Timberland Co)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the Closing Date and the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal of such 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 Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business business, in each case referred to above, that singly or in the aggregate are would not materially adversehave a Material Adverse Effect, (ii) the representations and warranties set forth in Section 7.4.2 shall be deemed to refer to the most recent financial statements delivered by the Borrower pursuant to Section 8.4(a), and (iii) to the extent that such representations and warranties relate expressly to an earlier date in which case they shall be true and correct as of such earlier date) and no ). No Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (SeaCube Container Leasing Ltd.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal 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 not prohibited by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business business, in each case referred to above, that singly or in the aggregate are would not materially adversehave a Material Adverse Effect, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (SeaCube Container Leasing Ltd.), Revolving Credit Agreement (Seacastle Inc.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their Subsidiaries its Affiliates contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit, 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 not prohibited by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business business, in each case referred to above, that singly or in the aggregate are would not materially adversehave a Material Adverse Effect, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Default, Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 2 contracts

Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Credit Agreement (SeaCube Container Leasing Ltd.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 2 contracts

Samples: Revolving Credit Agreement (CAI International, Inc.), Revolving Credit Agreement (CAI International, Inc.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers and their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers signed by an authorized officer of the Borrowers to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (CAI International, Inc.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal issuance of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or permitted not prohibited by this Credit Agreement and the other Loan Documents and or (ii) changes occurring in the ordinary course of business that singly or in the aggregate are do not materially adverseconstitute a Material Adverse Effect, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal issuance of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Interpool Inc)

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Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal issuance of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or permitted not prohibited by this Credit Agreement and the other Loan Documents and or (ii) changes occurring in the ordinary course of business that singly or in the aggregate are do not materially adverseconstitute a Material Adverse Effect, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers Borrower signed by an authorized officer of the Borrowers Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower, the Parent and any of their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal 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 Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverseadverse to the business, assets or financial condition of the Borrower or the Parent, individually or the Parent and its Subsidiaries taken as a whole, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Creditcontinuing. The Administrative Agent shall have received a certificate from each of the Borrowers Borrower and the Parent signed by an authorized officer of the Borrowers such Person to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Watts Industries Inc)

Representations True; No Event of Default. Each of the -------------------- -------------------- representations and warranties of any of the Borrowers and their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, amendment, extension or renewal of such Letter of Credit or Foreign Letter of Credit, as the case may be, 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or would result from the making of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of such Letter of Creditcontinuing. The Administrative Agent shall have received a certificate of the Borrowers signed by an authorized officer of each of the Borrowers to such effect.

Appears in 1 contract

Samples: Multicurrency Revolving Credit and Term Loan Agreement (Samsonite Holdings Inc)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Borrower and their its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or or, in the case of any Letter of Credit to be issued with a face amount in excess of $25,000,000, would result from have occurred as of the making last day of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of last Reference Period if such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers signed by an authorized officer of the Borrowers to Credit has been included in Total Funded Debt on such effectdate.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrowers Parent, the Borrower and their the Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Revolving Credit Loan, or such Swing Line Loan, Loan or the issuance, extension or renewal 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 Credit 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 to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing or or, in the case of any Letter of Credit to be issued with a face amount in excess of $25,000,000, would result from have occurred as of the making last day of such Revolving Credit Loan, or such Swing Line Loan, or the issuance, extension or renewal of last Reference Period if such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrowers signed by an authorized officer of the Borrowers to Credit had been included in Consolidated Total Funded Debt on such effectdate.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Emmis Operating Co)

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