Common use of Representations of the Borrowers Clause in Contracts

Representations of the Borrowers. The Borrowers represent and warrant that: (a) the representations and warranties set forth in the Loan Documents are true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) on and as of the 2017 Refinancing Effective Date after giving effect hereto with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date); provided, that the representations contained in Section 3.19 of the Credit Agreement shall be true and correct on and as of the 2017 Refinancing Effective Date as if the references therein to the “Third Restatement Effective Date” were references to the “2017 Refinancing Effective Date” and any references therein to “Transactions” are deemed to include the Refinancings contemplated hereby; and (b) no Event of Default or Default was continuing on and as of the 2017 Refinancing Effective Date after giving effect hereto and to the extension of credit requested to be made on the 2017 Refinancing Effective Date.

Appears in 2 contracts

Sources: Incremental Assumption Agreement, Incremental Assumption Agreement (Rexnord Corp)

Representations of the Borrowers. The Borrowers represent and warrant that: : (a) the representations and warranties set forth in the Loan Documents are true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) on and as of the 2017 2019 Refinancing Effective Date after giving effect hereto with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date); provided, that the representations contained in Section 3.19 of the Credit Agreement shall be true and correct on and as of the 2017 2019 Refinancing Effective Date as if the references therein to the “Third Restatement Effective Date” were references to the “2017 2019 Refinancing Effective Date” and any references therein to “Transactions” are deemed to include the Refinancings contemplated hereby; and and (b) no Event of Default or Default was continuing on and as of the 2017 2019 Refinancing Effective Date after giving effect hereto and to the extension of credit requested to be made on the 2017 2019 Refinancing Effective Date.

Appears in 1 contract

Sources: Incremental Assumption Agreement (Rexnord Corp)

Representations of the Borrowers. The Borrowers represent and warrant that: (a) the representations and warranties set forth in the Loan Documents are true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) on and as of the 2017 2016 Term B Refinancing Effective Date after giving effect hereto with the same effect as though made on and as of such date, except to the extent such representations and warranties expressly relate to an earlier date (in which case such representations and warranties shall be true and correct in all material respects (and in all respects if any such representation or warranty is already qualified by materiality) as of such earlier date); provided, that the representations contained in Section 3.19 of the Credit Agreement shall be true and correct on and as of the 2017 2016 Term B Refinancing Effective Date as if the references therein to the “Third Restatement Effective Date” were references to the “2017 2016 Term B Refinancing Effective Date” and any references therein to “Transactions” are deemed to include the Refinancings Term B Loan Refinancing contemplated hereby; and (b) no Event of Default or Default was continuing on and as of the 2017 2016 Term B Refinancing Effective Date after giving effect hereto and to the extension of credit requested to be made on the 2017 2016 Term B Refinancing Effective Date.

Appears in 1 contract

Sources: Incremental Assumption Agreement (Rexnord Corp)