Accuracy of Representations and Warranties, No Default, etc Clause Samples

Accuracy of Representations and Warranties, No Default, etc. On the Advance Date, the following statements shall be true and correct: (I) ALL OF THE REPRESENTATIONS AND WARRANTIES OF THE PARTIES HERETO CONTAINED HEREIN AND IN EACH OF THE OTHER OPERATIVE DOCUMENTS ARE TRUE AND CORRECT ON AND AS OF THE ADVANCE DATE IN ALL MATERIAL RESPECTS AS THOUGH MADE ON AND AS OF THAT DATE, EXCEPT TO THE EXTENT THAT SUCH REPRESENTATIONS AND WARRANTIES RELATE SOLELY TO AN EARLIER DATE, IN WHICH CASE SUCH REPRESENTATIONS AND WARRANTIES SHALL HAVE BEEN TRUE AND CORRECT ON AND AS OF SUCH EARLIER DATE; AND
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Accuracy of Representations and Warranties, No Default, etc. On such Advance Date, the following statements shall be true and correct: (a) All of the representations and warranties of Lessee, Sublessee and Trustee contained herein and in each of the other Operative Documents are true and correct on and as of such Advance Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct on and as of such earlier date; and (b) No Default or Event of Default then exists and no Event of Default (as such term is defined in the Secured Credit Agreement) then exists under the Secured Credit Agreement.
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Accuracy of Representations and Warranties, No Default, etc. On the applicable Advance Date, the following statements shall be true and correct: (i) All of the representations and warranties of Lessees, each Guarantor, and to the best knowledge of Lessees, Trustee, contained herein and in each of the other Operative Documents are true and correct in all material respects on and as of such Advance Date as though made on and as of that date, except to the extent that such representations and warranties relate solely to an earlier date, in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date; (ii) No Default or Event of Default exists; and (iii) Except as set forth in the Disclosure Schedule or as theretofore disclosed by Lessees to the Administrative Agent and Trustee in writing, no labor controversy, litigation, arbitration or governmental investigation or proceeding shall be pending or, to the knowledge of Lessees and/or Parent, threatened against Participation Agreement any Lessee and/or Parent or any other Guarantor which might have a Material Adverse Effect.
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Related to Accuracy of Representations and Warranties, No Default, etc

  • Accuracy of Representations and Warranties The representations and warranties of Purchaser contained in this Agreement shall have been true in all material respects on the date hereof and shall be true in all material respects on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date.

  • Reassertion of Representations and Warranties, No Default The Borrower hereby represents that on and as of the date hereof and after giving effect to this Amendment (a) all of the representations and warranties in the Credit Agreement are true, correct, and complete in all respects as of the date hereof as though made on and as of such date, except for changes permitted by the terms of the Credit Agreement, and (b) there will exist no Default or Event of Default under the Credit Agreement as amended by this Amendment on such date that the Bank has not waived.

  • Accuracy of Representations and Warranties; Performance of Covenants At the Closing Time, the representations and warranties contained herein or in certificates of any officer of the Company or any of its subsidiaries (including the Bank) delivered pursuant to the provisions hereof, shall be true and correct, when made, and at the Closing Time, and the Company shall have performed its covenants and other obligations hereunder.

  • Representations and Warranties; No Default Each Company hereby represents and warrants that: 3.1. The execution, delivery and performance by such Company of this Amendment (a) are within such Company’s corporate or similar powers and, at the time of execution hereof and have been duly authorized by all necessary corporate and similar action; (b) does not and will not result, in any breach or default under any other document, instrument or agreement to which a Company or any of its Subsidiaries is a party or to which a Company or any of its Subsidiaries, the Premises, the Collateral or any of the property of a Company or any of its Subsidiaries is subject or bound, except for such breaches or defaults which, individually or in the aggregate, have not had, and would not reasonably be expected to result in, a Material Adverse Effect and (c) will not violate any applicable law, statute, regulation, rule, ordinance, code, rule or order. 3.2. This Amendment has been duly executed and delivered for the benefit of or on behalf of each Company and constitutes a legal, valid and binding obligation of each Company, enforceable against such Company in accordance with its terms except (a) as the same may be limited by bankruptcy, insolvency, reorganization moratorium or similar laws now or hereafter in effect relating to creditors rights generally and (b) that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. 3.3. Both before and after giving effect to this Amendment on the date hereof (a) the representations and warranties of the Companies contained in Section 4.1 of the Note Purchase Agreement and the other Transaction Documents are true, correct and complete on and as of the date hereof as if made on such date (and to the extent any representations and warranties shall relate to the Effective Date or another earlier date, such representation and warranties shall be deemed to be amended to relate to the date hereof), and (b) no Default or Event of Default has occurred and is continuing.

  • Accuracy of Representations and Warranties and Compliance with Obligations The representations and warranties of Purchaser contained in this Agreement shall be true and correct in all material respects at and as of the Closing Date with the same force and effect as though made at and as of that time except: (i) for changes specifically permitted by or disclosed pursuant to this Agreement; and (ii) that those representations and warranties which address matters only as of a particular date shall remain true and correct as of such date. Purchaser shall have performed and complied in all material respects with all of its obligations required by this Agreement to be performed or complied with at or prior to the Closing Date. Purchaser shall have delivered to the Sellers a certificate, dated as of the Closing Date, and signed by an executive officer thereof, certifying that such representations and warranties are true and correct, and that all such obligations have been performed and complied with, in all material respects.