Common use of Revisions or Updates to Schedules Clause in Contracts

Revisions or Updates to Schedules. Should any of the information or disclosures provided on Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, attached hereto become outdated or incorrect in any material respect, the Credit Parties shall deliver to Lender, along with the Officer’s Certificate required under Section 5.1(E), such revisions or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); provided, that no such revisions or updates to any Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lender, in the exercise of its reasonable credit judgment, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions or updates to any Schedule(s) approved by Lender pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties that are expressly permitted under this Agreement.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (Akrion, Inc.), Term Loan and Security Agreement (Akrion, Inc.)

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Revisions or Updates to Schedules. Should should any of the information or disclosures provided on any of the Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, originally attached hereto to any of the Loan Documents become outdated or incorrect in any material respect, as part of the Credit Parties shall deliver to Lender, along with the next Officer’s Certificate delivered with the year-end financial statements required under Section 5.1(Epursuant to subsection 6.1(iii), such revisions or updates to such Schedule(s) Schedules as may be necessary or appropriate to update or correct such Schedule(sSchedules, provided that, to the extent qualified by or made with respect to a Schedule, the representations and warranties set forth herein shall only refer to the Schedules attached hereto and, if applicable, to the annual updates to the Schedules provided pursuant to this clause (xxi); providedprovided further, that no such revisions or updates to any Schedule(s) Schedules shall be deemed to have amended, modified or superseded such Schedule(sSchedules immediately prior to the submission of such revised or updated Schedules, (unless such revisions or updates were made to reflect changes made in accordance with the terms of this Agreement,) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s)Schedules, unless and until Lender, the Requisite Lenders in the exercise of its reasonable credit judgmenttheir sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(ESchedules; provided further, that in no event shall this subsection 6.1(xxi) apply to Schedules 1.1(a), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate1.1(b), complete and not misleading in all material respects at all times during the term of this Agreement4.1(h), except for revisions 4.1(m), 6.11, 7.1, 7.2, 7.3 or updates to any Schedule(s) approved by Lender pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties that are expressly permitted under this Agreement.7.4; and

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Revisions or Updates to Schedules. Should If any of the information or disclosures provided on Schedules 4.1(B)any of SCHEDULES 6.7, 4.136.13, 4.226.17, 4.25 and 4.276.20 OR 6.26, originally attached hereto become outdated or incorrect in any material respect, the Credit Parties Borrowers shall deliver to Lender, along with the Officer’s Certificate Agent and the Lenders as part of the compliance certificate required under Section 5.1(E), pursuant to SECTION 7.1(c) such revisions revision or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); provided, PROVIDED, that no such revisions or updates to any such Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lenderthe Required Lenders, in the exercise of its reasonable credit judgmenttheir sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing ) or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions unless such revision or updates to any such Schedule(s) approved by Lender pursuant to the preceding sentence would not have a Material Adverse Affect and such changes would not cause or result in the circumstances a breach of the Credit Parties that are expressly permitted under this Agreementa covenant hereunder or otherwise cause or result in a Default or Event of Default hereunder.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Revisions or Updates to Schedules. Should If any of the information or disclosures provided on any of Schedules 4.1(B6.7, 6.8, 6.9, 6.14, 6.17 or 6.19 or on Schedule 6.24, with respect to the disclosure referred to in the second sentence of Section 6.24(c), 4.13, 4.22, 4.25 and 4.27, originally attached hereto become outdated or incorrect in any material respect, the Credit Parties Borrowers shall deliver to Lender, along with the Officer’s Certificate Agent and the Lenders as part of the compliance certificate required under pursuant to Section 5.1(E), 7.1(c) such revisions revision or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); , provided, that no such revisions or updates to any such Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lenderthe Required Lenders, in the exercise of its reasonable credit judgmenttheir sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing ) or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions unless such revision or updates to any such Schedule(s) approved by Lender pursuant to the preceding sentence would not have a Material Adverse Affect or would not result in a Material Adverse Change and such changes would not cause or result in the circumstances a breach of the Credit Parties that are expressly permitted under this Agreementa covenant hereunder or otherwise cause or result in a Default or Event of Default hereunder.

Appears in 1 contract

Samples: Credit Agreement (MST Enterprises Inc)

Revisions or Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, originally attached hereto become outdated or incorrect in any material respect, the Credit Parties Borrower shall deliver to Lender, along with the Officer’s Certificate required under Section 5.1(E), Lender such revisions or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); provided, provided that no such revisions or updates to any Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lender, in the exercise of its reasonable credit judgment, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(E), each Each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions or updates to any Schedule(s) approved by Lender pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties Borrower that are expressly permitted under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Nexaira Wireless Inc.)

Revisions or Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, originally attached hereto become outdated or incorrect in any material respect, the Credit Parties Borrower shall deliver to Lender, along with the Officer’s Certificate required to be delivered under Section 5.1(E), such revisions or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); provided, provided that no such revisions or updates to any Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lender, in the exercise of its reasonable credit judgment, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions or updates to any Schedule(s) approved by Lender pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties Borrower that are expressly permitted under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Rock Energy Resources, Inc.)

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Revisions or Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, originally attached hereto become outdated or incorrect in any material respect, the Credit Parties shall deliver to Lender, along with the Officer’s Certificate required under Section 5.1(E), such revisions or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); , provided, that no such revisions or updates to any Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lender, in the exercise of its reasonable credit judgment, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions or updates to any Schedule(s) approved by Lender pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties that are expressly permitted under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Pacific Cma Inc)

Revisions or Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, originally attached hereto become outdated or incorrect in any material respect, the Credit Loan Parties shall deliver to Lender, along with the Officer’s Certificate required to be delivered under Section 5.1(E), such revisions or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); provided, provided that no such revisions or updates to any Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until Lender, in the exercise of its reasonable credit judgment, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions or updates to any Schedule(s) approved by Lender pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties Borrower and its Subsidiaries that are expressly permitted under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Dri Corp)

Revisions or Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 4.1(B), 4.13, 4.22, 4.25 and 4.27, originally attached hereto become outdated or incorrect in any material respect, the Credit Parties Borrowers shall deliver to LenderAgent, along with the Officer’s Certificate required to be delivered under Section 5.1(E), such revisions or updates to such Schedule(s) as may be necessary or appropriate to update or correct such Schedule(s); provided, provided that no such revisions or updates to any Schedule(s) shall be deemed to have amended, modified or superseded such Schedule(s) as originally attached hereto, or to have cured any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule(s), unless and until LenderAgent, in the exercise of its reasonable credit judgment, shall have accepted in writing such revisions or updates to such Schedule(s). Without limiting the generality of the foregoing or of Section 5.1(E), each representation and warranty contained in this Agreement and the other Loan Documents shall be continuous in nature and shall remain accurate, complete and not misleading in all material respects at all times during the term of this Agreement, except for revisions or updates to any Schedule(s) approved by Lender Agent pursuant to the preceding sentence and such changes in the circumstances of the Credit Parties Borrowers and their Subsidiaries that are expressly permitted under this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (SecureAlert, Inc.)

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