Representations and Warranties; No Defaults. The following statements shall be true on the Closing Date, both immediately before and immediately after giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof: (i) The representations and warranties of each Loan Party contained in Article V or any other Loan Document are true and correct in all material respects on and as of the Closing Date; provided that, to the extent that any such representation or warranty specifically refers to an earlier date, such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, further that any representation or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and (ii) No Default or Event of Default shall exist.
Appears in 4 contracts
Sources: Credit Agreement (Signet Jewelers LTD), Credit Agreement (Signet Jewelers LTD), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the Closing Datedate of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document are shall be true and correct in all material respects on and as of the Closing Datesuch date of such Credit Extension; provided that, to the extent that any such representation or warranty representations and warranties specifically refers refer to an earlier date, such representation or warranty they shall be true and correct in all material respects as of such earlier date; provided, further that that, any representation or and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) No Default or Event of no Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 3 contracts
Sources: Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the Closing Datedate of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document are (limited to, in the case of the initial Credit Extensions on the Effective Date, the Specified Representations) shall be true and correct in all material respects on and as of the Closing Datedate of such Borrowing; provided that, to the extent that any such representation or warranty representations and warranties specifically refers refer to an earlier date, such representation or warranty they shall be true and correct in all material respects as of such earlier date; provided, further that that, any representation or and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) No Default or Event except in the case of the initial Credit Extension on the Effective Date, no Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 2 contracts
Sources: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc)
Representations and Warranties; No Defaults. The following statements shall be true on the Closing Datedate of such Loan or Issuance, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document are shall be true and correct in all material respects on and as of the Closing Datedate of such Borrowing; provided that, to the extent that any such representation or warranty representations and warranties specifically refers refer to an earlier date, such representation or warranty they shall be true and correct in all material respects as of such earlier date; provided, further that that, any representation or and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
and (ii) No Default or Event of no Default shall existhave occurred and be continuing, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract
Sources: Credit Agreement (eHealth, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the Closing Date, both immediately before and immediately after giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof:
: (i) The representations and warranties of each Loan Party contained in Article V or any other Loan Document are true and correct in all material respects on and as of the Closing Date; provided that, to the extent that any such representation or warranty specifically refers to an earlier date, such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, further that any representation or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
and (ii) No Default or Event of Default shall exist.
Appears in 1 contract
Representations and Warranties; No Defaults. The following statements shall be true on the Closing Datedate of such Loan or Issuance, both immediately before at the time of and immediately after giving effect thereto and, in the case of any Loan, giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof on the date thereof:
(i) The representations and warranties of each Loan Party contained in Article V or any other Loan Document are shall be true and correct in all material respects on and as of the Closing Datedate of such Credit Extension; provided that, to the extent that any such representation or warranty specifically refers refer to an earlier date, such representation or warranty shall be true and correct in all material respects as of such earlier date; provided, further that any representation or warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) No no Default or Event of Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract
Sources: Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Representations and Warranties; No Defaults. The following statements shall be true on the Closing Datedate of such Credit Extension, both immediately before and immediately after giving effect thereto and, in the case of any Loan, giving effect to any Credit Extensions made on the Closing Date, and the application of the proceeds thereof:
(i) The representations and warranties of the Borrower and each other Loan Party contained in Article V or any other Loan Document are shall be true and correct in all material respects on and as of the Closing Datedate of such Borrowing; provided that, to the extent that any such representation or warranty representations and warranties specifically refers refer to an earlier date, such representation or warranty they shall be true and correct in all material respects as of such earlier date; provided, further that that, any representation or and warranty that is qualified as to “materiality,” “Material Adverse Effect” or similar language shall be true and correct (after giving effect to any qualification therein) in all respects on such respective dates; and
(ii) No Default or Event of no Default shall exist, or would result from such proposed Credit Extension or from the application of the proceeds therefrom.
Appears in 1 contract