Times when representations made. (a) All the representations and warranties in this Clause 22 (Representations) are made by each Original Obligor on the date of this Agreement and on the Closing Date except for the representations and warranties set out in Clause 22.11 (No misleading information) which are deemed to be made by the Company with respect to the Information Package, on the date of this Agreement and on the Closing Date and the representation and warranty set out in Clause 22.12 (Financial Statements) which is deemed to be made by the Company on the date of this Agreement and on the Closing Date.
(b) The Repeating Representations are deemed to be made by each Obligor on the date of each Utilisation Request, on each Utilisation Date and on the first day of each Interest Period (except that those contained in paragraph (b) of Clause 22.12 (Financial Statements) will only be made once in respect of each set of financial statements on the date such financial statements or Budget is delivered under this Agreement).
(c) All the representations and warranties made in Clause 22.2 (Status), Clause 22.3 (Binding obligations), Clause 22.5 (Power and Authority) to Clause 22.7 (Governing law and enforcement) inclusive, Clause 22.10 (No default) (in respect of Events of Default only), Clause 22.12 (Financial Statements), and Clause 22.31 (US Representations) are deemed to be made by each Additional Obligor with respect to it and its Restricted Subsidiaries on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor, provided that in respect of Clause 22.12 (Financial Statements) such Additional Obligor shall only be deemed to make a representation and warranty in respect of paragraph (c) of that Clause and only in respect of its most recent financial statements.
(d) Each representation and warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) The representations and warranties in this Clause 20 shall be made on the date of this Agreement and the first Utilisation Date.
(b) The Repeating Representations shall be deemed to be made by each Obligor on the date of each Utilisation Request, on each Utilisation Date and on the first day of each Interest Period.
(c) The representations and warranties set out in Clause 20.11 (Financial Statements) in respect of each set of Financial Statements delivered pursuant to Clause 21.1 (Financial Statements) shall only be made once in respect of each set of Financial Statements on the date such Financial Statements are delivered.
(d) All the representations and warranties in this Clause 20 except paragraph (a) of Clause 20.9 (No Default), Clause 20.10 (No Misleading Information), paragraph (d) of Clause 20.11 (Financial Statements) and Clause 20.16 (Nigeria Group Structure and Subsidiaries) are deemed to be made by each Additional Guarantor on the day on which it becomes (or it is proposed that it becomes) an Additional Guarantor.
(e) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) All the representations and warranties in this Clause 18 are made by the Borrower on the Signing Date and the Acquisition Closing Date.
(b) The Repeating Representations are deemed to be made by the Borrower on the date of the Utilisation Request, on the Utilisation Date and on the first day of each Interest Period (except that those contained in paragraphs (a) – (c) of Clause 18.12 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement).
(c) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) All the representations and warranties in this Clause 22 are made by each Original Obligor on the date of this Agreement except where a representation is expressed to be given at a specific date (in which case it shall be made on such date).
(b) The Repeating Representations are deemed to be made by each Obligor on the date of each Utilisation Request and on each Utilisation Date.
(c) All the representations and warranties in this Clause 22, except Clause 21.11 (German Parallel Debt). 22.16 (Ranking) and Clause 22.18 (Group Structure Chart), are deemed to be made by each Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor.
(d) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) All the representations and warranties in this clause 21 are made by each Obligor on the date of this Agreement.
(b) The representations and warranties in clause 21.12 (No misleading information) are deemed to be made in addition by each Obligor with respect to the Information Memorandum, on the date the Information Memorandum is approved by the Company.
(c) The Repeating Representations are deemed to be made by each Obligor on the date of each Utilisation Request, on each Utilisation Date, on the first day of each Interest Period and, in the case of an Additional Obligor, on the day on which the company becomes (or it is proposed that the company becomes) an Additional Obligor.
(d) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) The representations and warranties set out in this Clause 20 are made by each Original Obligor on the date of this Agreement.
(b) The Repeating Representations (and, in the case of sub-paragraph (ii) below, the representations and warranties set out in Clause 20.5 (Validity and admissibility in evidence) and Clause 20.8(No filing or stamp taxes)) are deemed to be made by each Obligor on:
(i) the date of each Utilisation Request and the first day of each Interest Period; and
(ii) in the case of an Additional Obligor, the day on which the company becomes (or it is proposed that the company becomes) an Additional Obligor, in each case by reference to the facts and circumstances then existing.
Times when representations made. 13.1 Each of the representations and warranties set out in Clause 10 (Representations of each Party), and Clause 11 (Representations of the Consenting Creditors) shall be made:
(a) in the case of an Initial Consenting Creditor, on the date of this Agreement;
(b) in the case of an Additional Consenting Creditor, the date on which it delivers a duly completed Accession Deed;
(c) in the case of DB, on the date of this Agreement; and
(d) in the case of ING, on the date of its ING Accession Deed, in each case by reference to the facts and circumstances then existing on any such date or at such time, as applicable.
13.2 Each of the representations and warranties set out in Clause 10 (Representations of each Party), and Clause 12 (Representations of the Company) are made by the Company:
(a) on the date of this Agreement and on the Effective Date;
(b) on the Amendment and Restatement Effective Date;
(c) on the date of the Scheme Meetings or, in the event that the Scheme Meetings occur on different dates, the date of each Scheme Meeting; and
(d) immediately prior to the Restructuring Effective Date, in each case by reference to the facts and circumstances then existing on any such date or at such time, as applicable.
Times when representations made. (a) All the representations and warranties in this Clause 20 are made by each Obligor on the date of this Agreement.
(b) The Repeating Representations are deemed to be made by each Obligor on the date of each Utilisation Request, on each Utilisation Date and on the first day of each Interest Period.
(c) All the representations and warranties in this Clause 20 (except Clause 20.11 (No misleading information) and Clause 20.23 (Group Structure Chart)) are deemed to be made by each Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor.
(d) Each Obligor (other than the Company) hereby empowers (bevollmächtigt) the Company (in this capacity or in its capacity as Obligors’ Agent) to make the Repeating Representations on its behalf as its attorney (Stellvertreter). Each Obligor (other than the Company) hereby relieves the Company from any restrictions on representing several persons or self- dealing under any applicable law, in particular from the restrictions pursuant to section 181 of the German Civil Code (Bürgerliches Gesetzbuch) for the purpose of making the Repeating Representations on its behalf as attorney (Stellvertreter).
(e) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) All the representations and warranties in this Clause 17 are made by the Company on the date of this Agreement and the Restatement Effective Date.
(b) The Repeating Representations are deemed to be made by the Company on the date of each Utilisation Request and the first day of each Interest Period.
(c) Each representation or warranty deemed to be made after the date of this Agreement shall, except where the contrary is indicated, be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.
Times when representations made. (a) All the representations and warranties in this Clause 20 are made by each Obligor on the date of this Agreement.
