Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited by this Credit Agreement and the other Loan Documents or (ii) changes occurring in the ordinary course of business that singly or in the aggregate do not constitute a Material Adverse Effect, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Timberland Co), Revolving Credit Agreement (Timberland Co)
Representations True; No Event of Default. Each of the representations and warranties of any of SRI, the Borrower and its their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute a Material Adverse Effectmaterially adverse, and (b) or to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower Borrower, the Parent and its any of their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance of such Letter of CreditLoan, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute materially adverse to the business, assets or financial condition of the Borrower or the Parent, individually or the Parent and its Subsidiaries taken as a Material Adverse Effectwhole, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall have received a certificate from each of the Borrower and the Parent signed by an authorized officer of the Borrower such Person to such effect.
Appears in 1 contract
Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute materially adverse to the Borrower and its Subsidiaries, taken as a Material Adverse Effectwhole, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)
Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited by this Credit Agreement and the other Loan Documents or (ii) changes occurring in the ordinary course of business that singly or in the aggregate do not constitute a Material Adverse Effect, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuingcontinuing or would result from the making of such Loan. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Representations True; No Event of Default. Each of the representations and warranties of any of the Parent, the Borrower and its the Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute a Material Adverse Effectmaterially adverse, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall continuing would have received a certificate occurred as of the Borrower signed by an authorized officer last day of the Borrower to last Reference Period if such effectLetter of Credit had been included in Consolidated Total Funded Debt on such date.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Representations True; No Event of Default. Each of the ----------------------------------------- representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute a Material Adverse Effectmaterially adverse, and (b) or to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Loan and Collateral Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Sources: Revolving Credit Agreement (California Steel Industries Inc)
Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited by this Credit Agreement and the other Loan Documents or (ii) changes occurring in the ordinary course of business that singly or in the aggregate do not constitute a Material Adverse Effect, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuingcontinuing or would result from the making of such Loan or the issuance of such Letter of Credit. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute a Material Adverse Effectmaterially adverse, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall continuing or, in the case of any Letter of Credit to be issued with a face amount in excess of $25,000,000, would have received a certificate occurred as of the Borrower signed by an authorized officer last day of the Borrower to last Reference Period if such effectLetter of Credit has been included in Total Funded Debt on such date.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Emmis Communications Corp)
Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower Borrowers and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Revolving Credit Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute materially adverse to the Company and its Subsidiaries taken as a Material Adverse Effectwhole, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Representations True; No Event of Default. Each of the representations ----------------------------------------- and warranties of any of the Borrower and its Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Loan or the issuance issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except (a) to the extent of changes either (i) resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents or (ii) and changes occurring in the ordinary course of business that singly or in the aggregate do are not constitute a Material Adverse Effectmaterially adverse, and (b) to the extent that such representations and warranties relate expressly to an earlier date) and no Default or Event of Default shall have occurred and be continuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)