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 the Parent, the Borrower and 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 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 would have occurred as of the last day of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on such date.

Appears in 1 contract

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

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Representations True; No Event of Default. Each of the representations and warranties of the Parent, any of the Borrower and the 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 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, in the case of any Letter of Credit to be issued with a face amount in excess of $25,000,000, would have occurred as of the last day of the last Reference Period if such Letter of Credit had has been included in Consolidated Total Funded Debt on such date.

Appears in 1 contract

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

Representations True; No Event of Default. Each of the representations and warranties of the Parent, any of the Borrower and the 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 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 have occurred as result from the making of such Loan or the last day issuance of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on Credit. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such dateeffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Representations True; No Event of Default. Each of the representations and warranties of the Parentany of SRI, the Borrower and the 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 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 or changes occurring in the ordinary course of business that singly or in the aggregate are not materially adverse, and or 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 would continuing. The Agent shall have occurred as received a certificate of the last day Borrower signed by an authorized officer of the last Reference Period if Borrower to such Letter of Credit had been included in Consolidated Total Funded Debt on such dateeffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Stage Stores Inc)

Representations True; No Event of Default. Each of the representations and warranties of the Parent, any of the Borrower and the 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 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 Borrower 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 would have occurred as of the last day of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on such datecontinuing.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

Representations True; No Event of Default. Each of the representations and warranties of the Parent, any of the Borrower and the 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 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 Loan. The Administrative Agent shall have occurred as received a certificate of the last day Borrower signed by an authorized officer of the last Reference Period if Borrower to such Letter of Credit had been included in Consolidated Total Funded Debt on such dateeffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Timberland Co)

Representations True; No Event of Default. Each of the representations ----------------------------------------- and warranties of the Parent, any of the Borrower and the 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 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 would continuing. The Agent shall have occurred as received a certificate of the last day Borrower signed by an authorized officer of the last Reference Period if Borrower to such Letter of Credit had been included in Consolidated Total Funded Debt on such dateeffect.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Petro Stopping Centers L P)

Representations True; No Event of Default. Each of the ----------------------------------------- representations and warranties of the Parent, any of the Borrower and the 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 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 or 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 would continuing. The Loan and Collateral Agent shall have occurred as received a certificate of the last day Borrower signed by an authorized officer of the last Reference Period if Borrower to such Letter of Credit had been included in Consolidated Total Funded Debt on such dateeffect.

Appears in 1 contract

Samples: Revolving Credit Agreement (California Steel Industries Inc)

Representations True; No Event of Default. Each of the representations and warranties of the Parent, the Borrower and 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 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, in the case of any Letter of Credit to be issued with a face amount in excess of $25,000,000, would have occurred as of the last day of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on such date.

Appears in 1 contract

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

Representations True; No Event of Default. Each of the ----------------------------------------- representations and warranties of the Parent, the Borrower Borrowers and the 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 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 would have occurred as of the last day of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on such datecontinuing.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Genesee & Wyoming Inc)

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Representations True; No Event of Default. Each of the representations and warranties of the ParentBorrower, any of the Borrower Subsidiary Guarantors and the 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 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 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 would have occurred as of the last day of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on such datecontinuing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Jordan Telecommunication Products Inc)

Representations True; No Event of Default. Each of the representations and warranties of the Parent, any of the Borrower and the 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 Loan or the issuance, extension or renewal of such Letter Letters 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 would have occurred continuing; provided, however, that as of the last day initial extension of credit to Borrower hereunder, the last Reference Period if such Letter first sentence of Credit had been included in Consolidated Total Funded Debt on such date§7.5 shall not be required to be true.

Appears in 1 contract

Samples: Pledge Agreement (Kronos Inc)

Representations True; No Event of Default. Each of the representations and warranties of the Parent, the Borrower any of TransTechnology and the 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 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 individual representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing would have occurred as continuing. Upon the request of the last day Agent, TransTechnology shall have delivered to the Agent a certificate of the last Reference Period if TransTechnology signed by an authorized officer of TransTechnology to such Letter of Credit had been included in Consolidated Total Funded Debt on such dateeffect.

Appears in 1 contract

Samples: Credit Agreement (Transtechnology Corp)

Representations True; No Event of Default. Each of the representations and warranties of the Parent, the Borrower any of TransTechnology and the 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 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 individual representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing would have occurred as continuing. Upon the request of the last day Administrative Agent, TransTechnology shall have delivered to the Administrative Agent a certificate of the last Reference Period if TransTechnology signed by an authorized officer of TransTechnology to such Letter of Credit had been included in Consolidated Total Funded Debt on such dateeffect.

Appears in 1 contract

Samples: Credit Agreement (Transtechnology Corp)

Representations True; No Event of Default. Each of the representations ----------------------------------------- and warranties of any of the Parent, the Borrower and the their respective 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 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 would have occurred as of the last day of the last Reference Period if such Letter of Credit had been included in Consolidated Total Funded Debt on such datecontinuing.

Appears in 1 contract

Samples: Revolving Credit (Chart House Enterprises Inc)

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