Common use of Warranties and Representations at Closing Clause in Contracts

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 9 contracts

Samples: Loan and Security Agreement (KeyStone Solutions, Inc.), Loan and Security Agreement (WPCS International Inc), Loan and Security Agreement (Newtek Business Services Inc)

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Warranties and Representations at Closing. The warranties and representations contained in Section 5 of this Agreement as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 6 contracts

Samples: Loan Documents (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services, Inc.), Loan and Security Agreement (Newtek Business Services, Inc.)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 5 contracts

Samples: Loan and Security Agreement (Soluna Holdings, Inc), Loan and Security Agreement (RCM Technologies Inc), Loan and Security Agreement (Resource America Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date, except to the extent such warranties and representations relate to an earlier date, in which case such warranties and representations shall be true and correct in all respects as of such earlier date. Borrower No Loan Party shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 4 contracts

Samples: Loan and Security Agreement (JetPay Corp), Loan and Security Agreement (JetPay Corp), Loan and Security Agreement (JetPay Corp)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower Borrowers shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 3 contracts

Samples: Loan and Security Agreement (Capital Associates Inc), Loan and Security Agreement (Phoenix Color Corp), Senior Loan and Security Agreement (Interpool Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist exist, which would have been prohibited by any Section hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Resource America, Inc.), Loan and Security Agreement (Resource America Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. No Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Amerinac Holding Corp.)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 4 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. The Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof. All warranties and representations contained in this Agreement, unless expressly stated to the contrary, are deemed to have been made to the Administrative Agent and Lenders immediately following completion of Closing hereunder.

Appears in 2 contracts

Samples: Loan Agreement (CSS Industries Inc), Loan Agreement (CSS Industries Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 of this Agreement as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.. (d)

Appears in 2 contracts

Samples: Loan and Security Agreement (Newtek Business Services Corp.), Loan and Security Agreement (Newtek Business Services Corp.)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. The Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (RCM Technologies Inc), Loan and Security Agreement (RCM Technologies Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement and any other Loan Document shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Fidelity Leasing Inc), Loan and Security Agreement (Resource America Inc)

Warranties and Representations at Closing. The warranties and ----------------------------------------- representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower Borrowers shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Telespectrum Worldwide Inc), Loan and Security Agreement (Telespectrum Worldwide Inc)

Warranties and Representations at Closing. The warranties and representations of Borrowers contained in Section 5 as well as any other Section section of this Agreement or any other Loan Document shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. No Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by in this Agreement or any Section hereofother Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Response Usa Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the on each of the Closing Date and the Restatement Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.. ​

Appears in 1 contract

Samples: Loan and Security Agreement (Western Acquisition Ventures Corp.)

Warranties and Representations at Closing. The warranties warranties, and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Master Loan and Security Agreement (T&w Financial Corp)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist exist, which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Resource America Inc)

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Warranties and Representations at Closing. The warranties and ----------------------------------------- representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. No Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Opinion Research Corp)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. , except, in all cases, to the extent that such warranties and representations speak as of a specific date, in which case they shall be deemed to have been made again on and as of the Closing Date but speak only as of such specific date, Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (American Technical Ceramics Corp)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower and each Original Guarantor shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Office Centre Corp)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 4 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Effective Date with the same effect as though made on and as of that date. The Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof. All warranties and representations contained in this Agreement, unless expressly stated to the contrary, are deemed to have been made to the Administrative Agent and Lenders immediately following completion of Closing hereunder.

Appears in 1 contract

Samples: Loan Agreement (CSS Industries Inc)

Warranties and Representations at Closing. The warranties and representations of Borrowers contained in Section 5 as well as any other Section section of this Agreement or any other Loan Document shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. No Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by in this Agreement or any Section hereofother Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Response Usa Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 4 as well as any other Section of this Agreement and any other Loan Document shall be true and correct in all material respects on the Closing Date with the same effect as though made on and as of that date. Borrower Borrowers shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Md Realty LLC)

Warranties and Representations at Closing. The warranties and ----------------------------------------- representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all material respects on the Closing Date and at the time of each Advance with the same effect as though made on and as of that date. Neither Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Bankvest Capital Corp)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. Neither Borrower nor any Subsidiary of the Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Lakeland Industries Inc)

Warranties and Representations at Closing. The warranties and representations contained in Section 5 as well as any other Section of this Agreement shall be true and correct in all respects on the Closing Date with the same effect as though made on and as of that date. Borrower shall not have taken any action or permitted any condition to exist which would have been prohibited by any Section hereof.

Appears in 1 contract

Samples: Loan Agreement (Lightpath Technologies Inc)

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