Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct: (a) the representations and warranties set forth in each Loan Document shall, in each case, be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and (b) no Default shall have then occurred and be continuing.
Appears in 4 contracts
Sources: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc)
Compliance with Warranties, No Default, etc. Both before Concurrently with and immediately after giving effect to any Credit Extension Extension, the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and
(b) no Default shall have then occurred and be continuing.
Appears in 3 contracts
Sources: Credit Agreement (WRC Media Inc), Credit Agreement (World Almanac Education Group Inc), Credit Agreement (WRC Media Inc)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are subject to a Material Adverse Effect or a materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 3 contracts
Sources: First Lien Credit Agreement (Mitel Networks Corp), Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any the Credit Extension Extension, the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are subject to a materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 2 contracts
Sources: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
Compliance with Warranties, No Default, etc. Both Subject to Section 2.6.2(b), both immediately before and immediately after giving effect to any Credit Extension Extension, the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shallare, in each case, be true and correct in all material respects (except that to the extent any such representation and warranty that itself is qualified as to by “materiality,” or “Material Adverse Effect” or similar qualifier, in which case, it shall be true and correct in all respects) with the same effect as if then made on such date (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be were true and correct in all material respects as of such earlier date); and
(b) no Default shall have then or Event of Default has occurred and be continuingis continuing or will result from the making of the requested Credit Extension.
Appears in 2 contracts
Sources: Credit Agreement (Ares Core Infrastructure Fund), Credit Agreement (Ares Core Infrastructure Fund)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in Article VI and in each other Loan Document shall, in each case, be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and
(b) no Default shall have then occurred and be continuing.
Appears in 2 contracts
Sources: Credit Agreement (Mueller Holdings (N.A.), Inc.), Credit Agreement (Brand Scaffold Services Inc)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension Loan the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date);
(b) no Material Adverse Effect has occurred since December 31, 2005; and
(bc) no Default shall have then occurred and be continuing.
Appears in 2 contracts
Sources: Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD), Second Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any such Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties which are subject to a materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 2 contracts
Sources: Credit Agreement (Swift Transportation Co Inc), Credit Agreement (Swift Transportation Co Inc)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are subject to a Material Adverse Effect or other materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct in all respects; and
(b) no Default shall have then occurred and be continuing.
Appears in 2 contracts
Sources: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date);
(b) no Material Adverse Effect has occurred since September 30, 2005; and
(bc) no Default shall have then occurred and be continuing.
Appears in 1 contract
Sources: First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Compliance with Warranties, No Default, etc. Both immediately before and immediately after giving effect to any Credit Extension Extension, the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, be true and correct (i) in all material respects (except that any representation the case of representations and warranty that is warranties not qualified as by references to “materiality” or “a Material Adverse Effect” shall be true , in all material respects, and correct (ii) otherwise, in all respects) , in each case with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and
(b) no Default shall have then occurred and be continuing.
Appears in 1 contract
Sources: Debtor in Possession Credit Agreement (Champion Enterprises Inc)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document (other than the representations and warranties set forth in clause (b) of Section 6.4 and Section 6.6) shall, in each case, be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date); and
(b) no Default shall have then occurred and be continuing.
Appears in 1 contract
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension Loan the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are subject to a Material Adverse Effect or a materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 1 contract
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are subject to a Material Adverse Effect or other materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 1 contract
Sources: Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension (other than the initial Credit Extension), the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are subject to a Material Adverse Effect or a materiality qualifier, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 1 contract
Compliance with Warranties, No Default, etc. Both before and after giving effect to any Credit Extension (other than the initial Credit Extension), the following statements shall be true and correct:
(a) the representations and warranties set forth in each Loan Document shall, in each case, shall be true and correct in all material respects (except that any representation and warranty that is qualified as to “materiality” or “Material Adverse Effect” shall be true and correct in all respects) with the same effect as if then made (unless stated to relate solely to an earlier date, in which case such representations and warranties shall be have been true and correct in all material respects as of such earlier date), in each case other than representations and warranties that are qualified as to “materiality,” Material Adverse Effect or similar language, in which case such representations and warranties shall be (or shall have been) true and correct; and
(b) no Default shall have then occurred and be continuing.
Appears in 1 contract