Common use of Times when representations made Clause in Contracts

Times when representations made. 19.31.1 All the representations and warranties in this clause 19 are made by each applicable Obligor on the date of this Agreement except for the representations and warranties set out in clause 19.12 (No misleading information) which are deemed to be made by each applicable Obligor: (a) with respect to the Information Package, on the date of this Agreement and on the Closing Date; and (b) with respect to the Information Package (other than the Base Case Model), on the date of this Agreement. 19.31.2 All the representations and warranties in this clause 19 are deemed to be made by each applicable Obligor on the Closing Date. 19.31.3 The Repeating Representations are deemed to be made by each applicable Obligor on the date of the Utilisation Request, on the Utilisation Date, on the First Amendment Effective Date and on the first day of each Interest Period (except that those contained in clauses 19.13.1 to 19.13.4 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). 19.31.4 Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Appears in 1 contract

Sources: Senior Facilities Agreement (Atlatsa Resources Corp)

Times when representations made. 19.31.1 All the representations and warranties in this clause 19 are made by each applicable Obligor on the date of this Agreement except for the representations and warranties set out in clause 19.12 (No misleading information) which are deemed to be made by each applicable Obligor: (a) with respect to the Information Package, on the date of this Agreement and on the Closing Date; and (b) with respect to the Information Package (other than the Base Case Model), on the date of this Agreement. 19.31.2 All the representations and warranties in this clause 19 are deemed to be made by each applicable Obligor on the Closing Date. 19.31.3 The Repeating Representations are deemed to be made by each applicable Obligor on the date of the Utilisation Request, on the Utilisation Date, on the First Amendment Effective Date and on the first day of each Interest Period (except that those contained in clauses 19.13.1 to 19.13.4 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). 19.31.4 Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Appears in 1 contract

Sources: Senior Term Loan and Revolving Facilities Agreement (Atlatsa Resources Corp)

Times when representations made. 19.31.1 (a) All the representations and warranties in this clause 19 Clause 20 are made by each applicable Obligor on the date of this Agreement except for the representations and warranties set out in clause 19.12 (No misleading information) which are deemed to be made by each applicable Obligor: (a) with respect to the Information Package, on the date of this Agreement and on the Closing Date; and (b) with respect to the Information Package (other than the Base Case Model), on the date of this Agreement. 19.31.2 All the representations and warranties in this clause 19 are deemed to be made by each applicable Obligor on the Closing Date. 19.31.3 (b) The Repeating Representations are deemed to be made by each applicable Obligor on the date of the each Utilisation Request, on the each Utilisation Date, on the First Amendment Effective Date and on the first day of each Interest Period (except that those contained in clauses 19.13.1 to 19.13.4 paragraphs (a) – (e) of Clause 20.13 (Original Financial Statements) will cease to be so made once subsequent financial statements have been delivered under this Agreement). 19.31.4 (c) All the representations and warranties in this Clause 20 except Clause 20.12 (No misleading information) and Clause 20.24 (Group Structure Chart) are deemed to be made by each Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (d) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Appears in 1 contract

Sources: Amendment and Restatement Agreement (Genesco Inc)

Times when representations made. 19.31.1 (a) All the representations and warranties in this clause 19 23 are made by each applicable Obligor on the date of this Agreement except for and the representations and warranties set out in clause 19.12 (No misleading information) which are deemed to be made by each applicable Obligor: (a) with respect to the Information Package, on the date of this Agreement and on the Closing Fourth Restatement Date; and. (b) with respect to the Information Package (other than the Base Case Model), on the date of this Agreement. 19.31.2 All the representations and warranties in this clause 19 are deemed to be made by each applicable Obligor on the Closing Date. 19.31.3 The Repeating Representations are deemed to be made by each applicable Obligor on the date of the each Utilisation Request, on the each Utilisation Date, on the First Amendment Effective Date and on the first day of each Interest Period (except that those contained in clauses 19.13.1 clause 23.13(a) to 19.13.4 (Original Financial Statements23.13(e) will cease to be so made once subsequent financial statements have been delivered under this Agreement). 19.31.4 (c) All the representations and warranties in this clause 23 except clause 23.12 and clause 23.25 are deemed to be made by each Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. (d) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Appears in 1 contract

Sources: Senior Facilities Agreement (Luxfer Holdings PLC)

Times when representations made. 19.31.1 (a) All the representations and warranties in this clause Clause 19 are made by each applicable Original Obligor on the date of this Agreement except for the representations and warranties set out in clause 19.12 (No misleading information) which are deemed to be made by each applicable Obligor: (a) with respect to the Information Package, on the date of this Agreement and on the Closing Date; and (b) with respect to the Information Package (other than the Base Case Model), on the date of this Agreement. 19.31.2 (b) All the representations and warranties in this clause Clause 19 are deemed to be made by each applicable Obligor on the Closing Datedate of commencement of the Availability Period. 19.31.3 (c) The Repeating Representations are deemed to be made by each applicable Obligor on the date of the each Utilisation Request, on the each Utilisation Date, on the First Amendment Effective Date and on the first day of each Interest Period Period. (d) All the representations and warranties in this Clause 19 except that those contained in clauses 19.13.1 to 19.13.4 Clause 19.12 (Original Financial StatementsNo misleading information) will cease and Clause 19.25 (Group Structure Chart) are deemed to be so made once subsequent financial statements have been delivered under this Agreement)by each Additional Obligor on the day on which it becomes (or it is proposed that it becomes) an Additional Obligor. 19.31.4 (e) Each representation or warranty deemed to be made after the date of this Agreement shall be deemed to be made by reference to the facts and circumstances existing at the date the representation or warranty is deemed to be made.

Appears in 1 contract

Sources: Loan Agreement (Melco Crown Entertainment LTD)