Certain Statements. On each such Funding Date and as of the Closing Date the following statements shall be true and correct: a. The representations and warranties made by the Borrowers contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders; b. Since the date of the most recent financial statements referred to in Sections 3.21 and 5.08, no Material Adverse Change shall have occurred; and ▇. ▇▇ event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
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Certain Statements. On each such Funding the Closing Date and as of the Closing Funding Date the following statements shall be true and correct:
a. The representations and warranties made by with respect to the Borrowers contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. The representations and certifications contained in the Environmental Certificate are true and correct in all material respects (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date);
c. Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.17 and 5.085.08(b), no Material Adverse Change shall have occurred; and
▇. ▇▇ d. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
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Certain Statements. On each such Funding the Closing Date and as of the Closing Funding Date the following statements shall be true and correct:
a. The representations and warranties made by with respect to the Borrowers contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite LendersLender;
b. Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.11 and 5.085.04(b), no Material Adverse Change Event shall have occurred; and
▇. ▇▇ c. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
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Certain Statements. On each such Funding the Closing Date and as of the Closing Funding Date the following statements shall be true and correct:
a. The representations and warranties made by with respect to the Borrowers Borrower and MCRI contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. The representations and certifications contained in the Environmental Certificate are true and correct in all material respects (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date);
c. Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.17 and 5.08, no Material Adverse Change shall have occurred; and
▇. ▇▇ d. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
Appears in 1 contract
Sources: Construction and Reducing Revolving Credit Agreement (Monarch Casino & Resort Inc)
Certain Statements. On each such Funding the Closing Date and as of the Closing Funding Date the following statements shall be true and correct:
a. The representations and warranties made by with respect to the Borrowers Borrower contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite LendersLender;
b. Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.12 and 5.085.08(b), no Material Adverse Change shall have occurred; and
▇. ▇▇ c. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
Appears in 1 contract
Sources: Credit Agreement (Herbst Gaming Inc)
Certain Statements. On each such Funding the Restatement Effective Date and as of the Closing Funding Date the following statements shall be true and correct:
a. 3.22.1. The representations and warranties made by with respect to the Borrowers Borrower and MCRI contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Restatement Effective Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. 3.22.2. The representations and certifications contained in the Environmental Certificate are true and correct in all material respects (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date);
3.22.3. Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.17 and 5.08, no Material Adverse Change material adverse change shall have occurred; and
▇3.22.4. ▇▇ No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
Appears in 1 contract
Certain Statements. On each such Funding Date and as of the Closing Date the following statements shall be true and correct:
a. The representations and warranties made by the Borrowers contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. Since the date of the most recent financial statements referred to in Sections 3.21 and 5.08, no Material Adverse Change shall have occurred; and
▇. ▇▇ c. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
Appears in 1 contract
Sources: Credit Agreement (Black Hawk Gaming & Development Co Inc)
Certain Statements. On each such Funding the Restatement Effective Date and as of the Closing Funding Date the following statements shall be true and correct:
a. (a) The representations and warranties made by with respect to the Borrowers Borrower and MCRI contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Restatement Effective Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. (b) The representations and certifications contained in the Environmental Certificate are true and correct in all material respects (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date);
(c) Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.17 and 5.08, no Material Adverse Change material adverse change shall have occurred; and
▇. ▇▇ (d) No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
Appears in 1 contract
Certain Statements. On each such Funding Date and as of the Closing Date the following statements shall be true and correct:
a. The representations and warranties made by the Borrowers contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. Since the date of the most recent financial statements referred to in Sections 3.21 and 5.08Section 3.24, no Material Adverse Change shall have occurred; and
▇. ▇▇ c. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
Appears in 1 contract
Certain Statements. On each such Funding the Closing Date and as of the Closing Funding Date the following statements shall be true and correct:
a. The representations and warranties made by with respect to the Borrowers Borrower and MCRI contained in Article IV hereof or in any of the Loan Documents (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date) are true and correct on and as of the Funding Date and as of the Closing Date in all material respects as though made on and as of that date, except to the extent that such representations and warranties are not true and correct as a result of a change which is permitted by this Credit Agreement or by any other Loan Document, or which is otherwise consented to by Agent Bank upon the approval of Requisite Lenders;
b. The representations and certifications contained in the Environmental Certificate are true and correct in all material respects (other than representations and warranties which expressly speak only as of a different date which shall be true and correct as of such date);
c. Since the date of the most recent financial statements referred to in Sections 3.21 Section 3.17 and 5.08, no Material Adverse Change material adverse change shall have occurred; and
▇. ▇▇ d. No event or condition has occurred or as a result of any Borrowings contemplated hereby would occur and is continuing, or would result from the making thereof, which constitutes a Default or Event of Default hereunder.
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