Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment of a prospective lender regarding lending to the Borrower. (b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "as of the date of this Agreement" shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and on each Disbursement date by reference to the facts and circumstances then existing.
Appears in 4 contracts
Sources: Loan Agreement, Loan Agreement, Loan Agreement
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the Borrower, CHS Europe or any Local Subsidiary.
(b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "“as of the date of this Agreement" ” shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and on each Disbursement date by reference to the facts and circumstances then existing.
Appears in 2 contracts
Sources: Revolving Loan Agreement, Revolving Loan Agreement (CHS Inc)
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.01 and 2.02 and 2.03 with the intention of inducing EBRD the Bank to enter into this Agreement and that EBRD the Bank has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the Borrower. The Borrower shall notify the Bank of any changes to the Letter of Information on the date of application for any Disbursement to the extent necessary for the purpose of complying with Section 2.01(l).
(b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "“as of the date of this Agreement" ” shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and on each Disbursement date by reference to the facts and circumstances then existing.
Appears in 1 contract
Sources: Loan Agreement (Velti PLC)
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the Borrower.
(b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "as of the date of this Agreement" shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and on each Disbursement date by reference to the facts and circumstances then existing.date. EXECUTION COPY
Appears in 1 contract
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants warrants, as of the date of this Agreement, that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the Borrower.
(b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "as of the date of this Agreement" shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and request, on each Disbursement date by reference to the facts and circumstances then existingon each Interest Payment Date.
Appears in 1 contract
Sources: Loan Agreement (Central European Media Enterprises LTD)
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the BorrowerBorrower or its Subsidiaries.
(b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "“as of the date of this Agreement" ” shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and on each Disbursement date by reference to the facts and circumstances then existing.
ARTICLE III — LOAN
Appears in 1 contract
Sources: Loan Agreement (CHS Inc)
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants warrants, as of the date of this Agreement, that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the Borrower.
(b) Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "“as of the date of this Agreement" ” shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and request, on each Disbursement date by reference to the facts and circumstances then existingon each Interest Payment Date.
Appears in 1 contract
Sources: Loan Agreement (Central European Media Enterprises LTD)
Acknowledgement and Repetition. (a) The Borrower acknowledges that it has made the representations and warranties contained in Sections 2.01, 2.02 and 2.03 with the intention of inducing EBRD to enter into this Agreement and that EBRD has entered into this Agreement on the basis of, and in full reliance on, each of such representations and warranties. The Borrower warrants that it has no knowledge of any additional facts or matters the omission of which makes any of such representations and warranties materially misleading or which would or might reasonably be expected to affect the judgment judgement of a prospective lender regarding lending to the Borrower.
(b) . • Any representation or warranty given hereunder which specifies that such representation and warranty is provided hereunder "“as of the date of this Agreement" ” shall only be given on the date of this Agreement and shall not be deemed to be repeated hereafter in connection with any Disbursement made pursuant to this Agreement. In respect of all other representations and warranties provided in this Article II, such representations and warranties shall be deemed to be repeated on submission of each Disbursement request and request, on each Disbursement date by reference to the facts and circumstances then existingon each Interest Payment Date.
Appears in 1 contract