Common use of Updates to Schedules Clause in Contracts

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers shall promptly provide the Administrative Agent in writing with such revisions or update to such Schedules as may be necessary or appropriate to update or correct same; provided, however, that, except as provided in the second sentence of this Section 6.2, no Schedule shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Banks, in their sole discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding the proviso in the immediately preceding sentence, the written acceptance of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection with the joinder of Borrower(s) or Guarantor(s) (including pursuant to Section 11.20(i) hereof) and such updates relate solely to the information required by the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, shall be deemed amended by such Schedules upon their delivery to the Administrative Agent.

Appears in 7 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

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Updates to Schedules. Should Concurrently with the delivery of the Compliance Certificate referred to in clause (a) above, the following updated Schedules to this Agreement (which may be attached to the Compliance Certificate) to the extent required to make the representation related to such Schedule true and correct as of the date of such Compliance Certificate: Schedule 6.2 and Schedule 6.11. Notwithstanding anything to the contrary in the foregoing, should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers Borrower shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules Schedule as may be necessary or appropriate to update or correct same; provided, however, that, except as provided in the second sentence of this Section 6.2, no . No such Schedule shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required BanksLenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding ; provided, however, that (x) the proviso in Borrower may update Schedule 6.2 and Schedule 6.11 pursuant to the immediately preceding sentence, the written acceptance of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 first sentence of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of clause (j) and (y) the Guarantee and Collateral Agreement to the extent such updates are delivered Borrower may update Schedule 6.2 without any Lender approval in connection with the joinder of Borrower(s) or Guarantor(s) (including pursuant to Section 11.20(i) hereof) any transaction permitted under Sections 9.5, 9.6 and such updates relate solely to the information required by the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, shall be deemed amended by such Schedules upon their delivery to the Administrative Agent9.8.

Appears in 4 contracts

Samples: Incremental Facility Amendment to Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee 6, 9 and Collateral Agreement 10 become outdated or incorrect in any material respect, the Borrowers Borrower and the Company shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules as may be necessary or appropriate to update or correct samethe applicable schedules hereto (i) simultaneously with or promptly following the notice by any of the Loan Parties of a breach of covenant which renders one or more of such schedules misleading or (ii) within five (5) Business Days following the Administrative Agent’s request that the Borrower provide updates to either of those Schedules; provided, however, that, except as provided in the second sentence of this Section 6.2, no however that neither Schedule 6 nor Schedule 9 nor Schedule 10 shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of any covenant, warranty or representation resulting from the inaccuracy or incompleteness of any such either Schedule be deemed to have been cured thereby, unless and until the Required BanksLenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such ScheduleSchedules. Notwithstanding The Borrower shall deliver to the proviso in Administrative Agent an updated Schedule 7, together with the immediately preceding sentence, the written acceptance delivery of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection with the joinder of Borrower(s) or Guarantor(s) (including Borrower’s quarterly Compliance Certificate pursuant to Section 11.20(i) hereof) and such updates relate solely to 7.1(iv), if the information required by contained on the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, Schedule 7 then in effect shall be deemed amended by such Schedules upon their delivery to the Administrative Agenthave changed.

Appears in 3 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee 6, 9 and Collateral Agreement 10 become outdated or incorrect in any material respect, the Borrowers Borrower and the Company shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules as may be necessary or appropriate to update or correct samethe applicable schedules hereto (i) simultaneously with or promptly following the notice by any of the Loan Parties of a breach of covenant which renders one or more of such schedules misleading or (ii) within five (5) Business Days following the Administrative Agent's request that the Borrower provide updates to either of those Schedules; provided, however, that, except as provided in the second sentence of this Section 6.2, no however that neither Schedule 6 nor Schedule 9 nor Schedule 10 shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of any covenant, warranty or representation resulting from the inaccuracy or incompleteness of any such either Schedule be deemed to have been cured thereby, unless and until the Required BanksLenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such ScheduleSchedules. Notwithstanding The Borrower shall deliver to the proviso in Administrative Agent an updated Schedule 7, together with the immediately preceding sentence, the written acceptance delivery of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection with the joinder of Borrower(s) or Guarantor(s) (including Borrower's quarterly Compliance Certificate pursuant to Section 11.20(i) hereof) and such updates relate solely to 7.1(iv), if the information required by contained on the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, Schedule 7 then in effect shall be deemed amended by such Schedules upon their delivery to the Administrative Agenthave changed.

Appears in 3 contracts

Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers shall promptly Borrower shall, on the date it delivers its annual financial statements to the Administrative Agent pursuant to Section 8.3.2 [Annual Financial Statements] hereof, provide the Administrative Agent in writing with such revisions or update updates to such Schedules Schedule as may be necessary or appropriate to update or correct same; provided, however, that, except as provided in the second sentence of this Section 6.2, that no Schedule shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required BanksLenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding ; provided however, that the proviso Borrower may update Schedules 1.1(U) without any Lender approval Schedules 6.1.1 and 6.1.2 without any Lender approval in the immediately preceding sentenceconnection with any transaction permitted under Sections 8.2.4 [Loans and Investments], the written acceptance 8.2.6 [Liquidations, Mergers, Consolidations, Acquisitions], and 8.2.7 [Dispositions of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 Assets or 6.1.26 of this Agreement Subsidiaries] and 8.2.9 [or Schedules 1, 2, 3, 4, 5, 6 or 7 of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection with the joinder of Borrower(s) or Guarantor(s) (including a new Guarantor pursuant to Section 11.20(i) hereof) 8.1.11 [Additional Subsidiaries, Partnerships and such updates relate solely to the information required by the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s)Joint Ventures and Real Property; and this Agreement or the Guarantee and Collateral Agreement, as appropriate, shall be deemed amended by such Schedules upon their delivery to the Administrative AgentFurther Assurances].

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Updates to Schedules. Should Concurrently with the delivery of the Compliance Certificate referred to in clause (a) above, the following updated Schedules to this Agreement (which may be attached to the Compliance Certificate) to the extent required to make the representation related to such Schedule true and correct as of the date of such Compliance Certificate: Schedule 6.2 and Schedule 6.11. Notwithstanding anything to the contrary in the ​ ​ foregoing, should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers Borrower shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules Schedule as may be necessary or appropriate to update or correct same; provided, however, that, except as provided in the second sentence of this Section 6.2, no . No such Schedule shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required BanksLenders, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding ; provided, however, that (x) the proviso in Borrower may update Schedule 6.2 and Schedule 6.11 pursuant to the immediately preceding sentence, the written acceptance of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 first sentence of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of clause (j) and (y) the Guarantee and Collateral Agreement to the extent such updates are delivered Borrower may update Schedule 6.2 without any Lender approval in connection with the joinder of Borrower(s) or Guarantor(s) (including pursuant to Section 11.20(i) hereof) any transaction permitted under Sections 9.5, 9.6 and such updates relate solely to the information required by the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, shall be deemed amended by such Schedules upon their delivery to the Administrative Agent9.8.

Appears in 1 contract

Samples: Credit Agreement (Cadre Holdings, Inc.)

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Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 5.01(t) and 5.01(v) attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers Company shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules Schedule as may be necessary or appropriate to update or correct samethe applicable schedules hereto (i) simultaneously with or promptly following the notice by any of the Loan Parties of a breach of covenant which renders one or more of such schedules misleading or (ii) within 5 Business Days following the Agent's request that Borrower provide updates to either of those Schedules; provided, however, that, except as provided in the second sentence of this Section 6.2, no however that neither Schedule 5.01(t) nor 5.01(v) shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such either Schedule be deemed to have been cured thereby, unless and until the Required Majority of Banks, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding the proviso in the immediately preceding sentenceBorrower shall deliver to Agent an updated Schedule 5.01(c), the written acceptance of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection together with the joinder delivery of Borrower(s) or Guarantor(s) (including Borrower's quarterly Compliance Certificate pursuant to Section 11.20(i8.02(b) hereof) and such updates relate solely to if the information required by contained on the foregoing schedules with respect to the joinder of such Borrower(sSchedule 5.01(c) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, then in effect shall be deemed amended by such Schedules upon their delivery to the Administrative Agent.have changed. ARTICLE VI

Appears in 1 contract

Samples: Revolving Credit Agreement (Toll Brothers Inc)

Updates to Schedules. Should any of the information or disclosures provided on any of the Schedules 5.01(t) and 5.01(v) attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers Company shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules Schedule as may be necessary or appropriate to update or correct samethe applicable schedules hereto (i) simultaneously with or promptly following the notice by any of the Loan Parties of a breach of covenant which renders one or more of such schedules misleading or (ii) within 5 Business Days following the Agent's request that Borrower provide updates to either of those Schedules; provided, however, that, except as provided in the second sentence of this Section 6.2, no however that neither Schedule 5.01(t) nor 5.01(v) shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such either Schedule be deemed to have been cured thereby, unless and until the Required Majority of Banks, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding the proviso in the immediately preceding sentenceBorrower shall deliver to Agent an updated Schedule 5.01(c), the written acceptance of the Required Banks shall not be required for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection together with the joinder delivery of Borrower(s) or Guarantor(s) (including Borrower's quarterly Compliance Certificate pursuant to Section 11.20(i8.02(b) hereof) and such updates relate solely to if the information required by contained on the foregoing schedules with respect to the joinder of such Borrower(sSchedule 5.01(c) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, then in effect shall be deemed amended by such Schedules upon their delivery to the Administrative Agenthave changed.

Appears in 1 contract

Samples: Revolving Credit Agreement (Toll Brothers Inc)

Updates to Schedules. Should Except in the case of those schedules disclosing information solely as of the Closing Date as expressly provided herein, should any of the information or disclosures provided on any of the Schedules attached hereto or to the Guarantee and Collateral Agreement become outdated or incorrect in any material respect, the Borrowers Borrower shall promptly provide the Administrative Agent in writing with such revisions or update updates to such Schedules Schedule as may be necessary or appropriate to update or correct same; provided, however, that, except as provided in the second sentence of this Section 6.2, that no Schedule shall be deemed to have been amended, modified or superseded by any such correction or update, nor shall any breach of warranty or representation resulting from the inaccuracy or incompleteness of any such Schedule be deemed to have been cured thereby, unless and until the Required Banks, in their sole and absolute discretion, shall have accepted in writing such revisions or updates to such Schedule. Notwithstanding the proviso in the immediately preceding sentenceforgoing, the written acceptance Borrower shall update Schedule 5.1.3 [Subsidiaries] only (1) on a quarterly basis with the delivery of the Required Banks Borrower's Compliance Certificate, and (2) at the time that the Borrower delivers an Acquisition Compliance Certificate in connection with each Permitted Acquisition, which Acquisition Compliance Certificate shall disclose the Borrower's Subsidiaries after giving effect to such Permitted Acquisition, except that it shall not be required to disclose any newly formed entities which have do not conduct business, have no assets (except for updates to Schedules 6.1.3, 6.1.8 or 6.1.26 of this Agreement or Schedules 1, 2, 3, 4, 5, 6 or 7 minimum capital required under the laws of the Guarantee and Collateral Agreement to the extent such updates are delivered in connection with the joinder applicable jurisdiction of Borrower(s) or Guarantor(s) (including pursuant to Section 11.20(i) hereoforganization) and such updates relate solely to will not be acquiring assets or stock in the information required by the foregoing schedules with respect to the joinder of such Borrower(s) or Guarantor(s); and this Agreement or the Guarantee and Collateral Agreement, as appropriate, shall be deemed amended by such Schedules upon their delivery to the Administrative AgentPermitted Acquisition.

Appears in 1 contract

Samples: Revolving Credit Facility (KPMG Consulting Inc)

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