Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Date: (a) There exists no Default or Event of Default. (b) The representations and warranties in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions in Sections 4.2(a) and (b) have been satisfied.
Appears in 5 contracts
Sources: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) 2.5.4. with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(ai) There exists no Default or Event of Unmatured Default.
(bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Administrative Agent and its counsel. Each Borrowing Notice, Notice or Swing Line Borrowing Notice and request for issuance of a Facility LC Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied.
Appears in 4 contracts
Sources: Credit Agreement (Lancaster Colony Corp), Credit Agreement (Lancaster Colony Corp), Credit Agreement (Lancaster Colony Corp)
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) 2.2.4 with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(ai) There exists no Default or Event of Unmatured Default.
(bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice, Swing Line Borrowing Notice and or request for issuance of a Facility LC LC, or Swing Line Borrowing Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(aSection 4.2(i) and (bii) have been satisfied.
Appears in 4 contracts
Sources: Revolving Credit Agreement (Applebees International Inc), Revolving Credit Agreement (Applebees International Inc), 5 Year Revolving Credit Agreement (Applebees International Inc)
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d2.22(d) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Date:
(a) There exists no Default or Event of Default.
(b) The representations and warranties in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions in Sections 4.2(a) and (b) have been satisfied.
Appears in 2 contracts
Sources: Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d2.2(e) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(a) There exists no Default or Event of Unmatured Default.
(b) The representations and warranties contained in Article V 5 are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and request for issuance of a Facility LC LC, or Swing Line Borrowing Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower Company that the conditions contained in Sections 4.2(a) and (b) have been satisfied.
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Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Date:
(ai) There exists no Default or Event of Default.
(bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and or request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied.
Appears in 1 contract
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d2.2(e) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(a) There exists no Default or Event of Unmatured Default.
(b) The representations and warranties contained in Article V 5 are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and request for issuance of a Facility LC LC, or Swing Line Borrowing Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) and (b) have been satisfied.
Appears in 1 contract
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d2.22(d) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Date:
(a) There exists no Default or Event of Default.
(b) The representations and warranties in Article V are true and correct as of such Borrowing Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing NoticeNotice (including in respect of a Converted Term Loan), Swing Line Borrowing Notice and request for issuance of a Facility LC with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower Borrowers that the conditions in Sections 4.2(a) and (b) have been satisfied.
Appears in 1 contract
Sources: Credit Agreement (Dolan Co.)
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) 2.5.4. with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(ai) There exists no Default or Event of Unmatured Default.
(bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Agent and its counsel. Each Borrowing Notice, Notice or Swing Line Borrowing Notice and request for issuance of a Facility LC Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied.
Appears in 1 contract
Each Credit Extension. The Lenders shall not be required to make any Credit Extension (except as otherwise set forth in Section 2.21(d) 2.7.4 with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(ai) There exists no Default or Event of Unmatured Default.
(bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and Notice, or request for issuance of a Facility LC LC, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied.
Appears in 1 contract
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d2.2(e) with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(a) There exists no Default or Event of Unmatured Default.
(b) The representations and warranties contained in Article V 5 are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date. Each Borrowing Notice, Swing Line Borrowing Notice and or request for issuance of a Facility LC LC, or Swing Line Borrowing Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a) and (b) have been satisfied.
Appears in 1 contract
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) 2.3.4 with respect to Revolving Loans extended for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:
(a) 4.2.1 There exists no Default or Event of Unmatured Default.
(b) 4.2.2 The representations and warranties contained in Article V are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
4.2.3 All legal matters incident to the making of such Credit Extension shall be satisfactory to the Lenders and their counsel. Each Borrowing Notice, Swing Line Borrowing Notice and request for issuance of a Facility LC or Swing Line Borrowing Notice, as the case may be, or request for Modification of a Facility LC, with respect to each such Credit Extension shall constitute a representation and warranty by the applicable Borrower that the conditions contained in Sections 4.2(a) 4.2.1, 4.2.2 and (b) 4.2.3 have been satisfied.
Appears in 1 contract
Each Credit Extension. The Lenders shall not (except as otherwise set forth in Section 2.21(d) 2.5.4. with respect to Revolving Loans for the purpose of repaying Swing Line Loans) be required to make any Credit Extension unless on the applicable Borrowing Credit Extension Date:: 53
(ai) There exists no Default or Event of Unmatured Default.
(bii) The representations and warranties contained in Article V are true and correct as of such Borrowing Credit Extension Date except to the extent any such representation or warranty is stated to relate solely to an earlier date, in which case such representation or warranty shall have been true and correct on and as of such earlier date.
(iii) All legal matters incident to the making of such Credit Extension shall be satisfactory to the Administrative Agent and its counsel. Each Borrowing Notice, Notice or Swing Line Borrowing Notice and request for issuance of a Facility LC Notice, as the case may be, with respect to each such Credit Extension shall constitute a representation and warranty by the Borrower that the conditions contained in Sections 4.2(a4.2(i) and (bii) have been satisfied.. ARTICLE V
Appears in 1 contract