Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.06, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 2 contracts
Sources: Credit and Guarantee Agreement (Calpine Corp), Credit Agreement (Calpine Corp)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 2 contracts
Sources: Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.), Mezzanine Credit and Guaranty Agreement (Isola Group Ltd.)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Unsecured Credit and Guaranty Agreement (CVR Energy Inc)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Commitments, LC Deposits, and delivering an Assignment AgreementLoans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments Commitments, LC Deposits or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments Commitments, LC Deposits or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments Commitments, LC Deposits or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments Commitments, LC Deposits or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Credit Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.069.06, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Commitments and delivering an Assignment AgreementLoans, as the case may be, represents and warrants as of the Closing Effective Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments Commitments, New Credit Linked Deposits or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments Commitments, Funded Letter of Credit Participations or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments Commitments, Funded Letter of Credit Participations or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Revolving Commitments, Delayed Draw Term Loan Commitments Commitments, Funded Letter of Credit Participations or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.06, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Effective Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.069.1, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Credit Agreement (Hospira Inc)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Term Loan Credit and Guaranty Agreement (NewPage CORP)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Revolving Commitments and delivering an Assignment AgreementRevolving Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it shall make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.06, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Credit and Guaranty Agreement (GXS Investments, Inc.)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (Date, as defined in the applicable Assignment Agreement) applicable, that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal Federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, ------------------------------------------ upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Tranche B Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Tranche B Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a present view to distribution of such Tranche B Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Tranche B Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Revolving Commitments and delivering an Assignment AgreementRevolving Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Revolving Commitments or Term Revolving Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Revolving Commitments or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Revolving Commitments or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Revolving Commitments or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Revolving Credit and Guaranty Agreement (Movie Gallery Inc)
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing succeeding to an interest in the Term Loan Commitments and delivering an Assignment AgreementTerm Loans, as the case may be, represents and warrants as of the Closing Date or as of the applicable Assignment Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Restatement Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments Revolving Limits or Term Revolving Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments Revolving Limits or Term Revolving Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments Revolving Limits or Term Revolving Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.069.6, the disposition of such Term Loan Commitments Revolving Limits or Term Revolving Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Representations and Warranties of Assignee. Each Lender, upon execution and delivery hereof or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Term Loan Commitments or Term Loans, as the case may be; and (iii) it shall will make or invest in, as the case may be, its Term Loan Commitments or Term Loans for its own account in the ordinary course of its business and without a view to distribution of such Term Loan Commitments or Term Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 13.0610.6, the disposition of such Term Loan Commitments or Term Loans or any interests therein shall at all times remain within its exclusive control).
Appears in 1 contract
Sources: Debtor in Possession Credit and Guaranty Agreement (NTL Delaware Inc)