Common use of Accounts Clause in Contracts

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 80 contracts

Samples: Loan and Security Agreement (Olympic Steel Inc), Loan and Security Agreement (Chromcraft Revington Inc), Loan and Security Agreement (Us Concrete Inc)

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Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 15 contracts

Samples: Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 11 contracts

Samples: Loan and Security Agreement (Mynd.ai, Inc.), Loan Agreement (Horizon Global Corp), Loan and Security Agreement (Northwest Pipe Co)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 9 contracts

Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Home Products International Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect thereto. Borrowers warrantBorrower warrants, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 9 contracts

Samples: Loan and Security Agreement (McJunkin Red Man Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Leapfrog Enterprises Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by any Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 9 contracts

Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower and/or any Borrowing Base Guarantor, as applicable, with respect thereto. Borrowers warrantEach of Borrower and each Borrowing Base Guarantor warrants, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 5 contracts

Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with With respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 4 contracts

Samples: Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.), Credit Agreement (Calumet Specialty Products Partners, L.P.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers a Borrower with respect theretoto any Account. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrowers warrant that:

Appears in 4 contracts

Samples: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts or Eligible Credit Card Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account or Eligible Credit Card Accounts in a Borrowing Base CertificateReport, that:

Appears in 4 contracts

Samples: Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc), Guaranty and Security Agreement (Guess Inc)

Accounts. The Agent may rely, in determining which Accounts are Eligible Accounts and Eligible Foreign Accounts, on all statements and representations made by the Borrowers with respect thereto. The Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account or an Eligible Foreign Account in a Borrowing Base Certificate, that:

Appears in 4 contracts

Samples: Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc), Loan and Security Agreement (Amkor Technology Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Qualified Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateQualified Account, Borrower represents that:

Appears in 4 contracts

Samples: Loan and Security Agreement (Salient Surgical Technologies, Inc.), Loan and Security Agreement (Pharmathene, Inc), Loan and Security Agreement (Salient Surgical Technologies, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Borrower with respect to any Account or Accounts. With respect to each of Borrower's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 4 contracts

Samples: Loan and Security Agreement (Weirton Steel Corp), Loan and Security Agreement (Bayou Steel Corp), Loan and Security Agreement (Weirton Steel Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, US Company with respect to any Account or Accounts of US Company or any other Credit Party. With respect to each of such Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 4 contracts

Samples: Credit Agreement (Mobile Mini Inc), Credit Agreement (Mobile Mini Inc), Credit Agreement (Mobile Mini Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Credit Parties with respect thereto. Borrowers Credit Parties warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 4 contracts

Samples: Loan and Security Agreement (Capella Healthcare, Inc.), Loan Agreement (Capella Healthcare, Inc.), Loan and Security Agreement (Lawton Surgery Investment Company, LLC)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Each Borrower warrants with respect to each Account of its Accounts at the time it is shown as an Eligible Account in a Borrowing Base CertificateCertificate that, that:to such Borrower’s knowledge, in all material respects, each Account reflected therein as eligible for inclusion in the Borrowing Base is an Eligible Account.

Appears in 4 contracts

Samples: Abl Credit Agreement (WillScot Corp), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Borrower with respect to any Account or Accounts. With respect to each Account at the time it is shown as an of each Borrower’s Eligible Account Accounts, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 3 contracts

Samples: Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co), Loan and Security Agreement (Neenah Foundry Co)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Each Borrower warrants with respect to each Account of its Accounts at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that, to such Borrower’s knowledge, in all material respects:

Appears in 3 contracts

Samples: Loan, Security and Guarantee Agreement (South Texas Supply Company, Inc.), Intercreditor Agreement (MRC Global Inc.), Loan, Security and Guarantee Agreement (MRC Global Inc.)

Accounts. The Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by the Borrowers with respect thereto. Borrowers warrant, Each Borrower warrants with respect to each Account of its Accounts at the time it is shown as an Eligible Account in a Borrowing Base CertificateCertificate that, that:to such Borrower’s knowledge, in all material respects, each Account reflected therein as eligible for inclusion in the Borrowing Base is an Eligible Account.

Appears in 3 contracts

Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (Target Hospitality Corp.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrantEach Borrower warrants, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 3 contracts

Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Billed Accounts and Eligible Unbilled Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Billed Account and an Eligible Unbilled Account in a Borrowing Base CertificateReport, that:

Appears in 3 contracts

Samples: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.), Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Turtle Beach Corp), Guaranty and Security Agreement (ArcLight Clean Transition Corp.), Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Borrower with respect to any Account or Accounts. With respect to each of Borrower’s Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 3 contracts

Samples: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Company with respect to any Account or Accounts. With respect to each Account at the time it is shown as an of each Company's Eligible Account Accounts, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 3 contracts

Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, any Borrower with respect to any Account or Accounts. With respect to each of each Borrower’s Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Mfri Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect theretoto any Account. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, each Borrower warrants that:

Appears in 2 contracts

Samples: Loan and Security Agreement (Mastec Inc), Loan and Security Agreement (Mastec Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Company with respect to any Account or Accounts. With respect to each Account at the time it is shown as an of each Company’s Eligible Account Accounts, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate or Interim Borrowing Base Certificate, that:” In all other respects, Section 9.1.25 remains in effect as set forth in the Loan Agreement.

Appears in 2 contracts

Samples: First Amendment Agreement (Alon USA Energy, Inc.), Loan and Security Agreement (Alon USA Energy, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, and each other Loan Party with respect to any Account or Accounts. With respect to each of each Borrower's and each other Loan Party's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a the appropriate Borrowing Base Certificate, thatCertificate or schedule:

Appears in 2 contracts

Samples: Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:Report.

Appears in 2 contracts

Samples: Loan and Security Agreement (DXP Enterprises Inc), Loan and Security Agreement (DXP Enterprises Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account. Unless otherwise indicated in writing to Agent or specifically excluded by Borrowers warrantin their calculation of a Borrowing Base in any Borrowing Base Certificate, Borrowers make each of the following warranties to the knowledge of the Senior Financial Officers (subject to the limitation in the last paragraph of this Section 9.1.8) with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 2 contracts

Samples: Loan and Security Agreement (Enpro Industries, Inc), Loan and Security Agreement (Enpro Industries, Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account. Borrowers warrantUnless otherwise indicated in writing to Agent or excluded by Borrower in their calculation of the Borrowing Base in any Borrowing Base Certificate, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrower warrants that:

Appears in 2 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Dixie Group Inc)

Accounts. The Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers in writing with respect thereto. Borrowers warrant, Each Borrower warrants with respect to each Account of its Accounts at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatCertificate that to such Borrower’s knowledge in all material respects:

Appears in 2 contracts

Samples: Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 2 contracts

Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account. Unless otherwise indicated in writing to Agent or excluded by Borrowers warrantin its calculation of the Borrowing Base in any Borrowing Base Certificate, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, each Borrower warrants that:

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Tropical Sportswear International Corp)

Accounts. Agent may rely, in determining which -------- Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Borrower with respect to any Account or Accounts. With respect to each of each Borrower's Accounts arising in the ordinary course of business from the sale of goods or the rendition of services, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrant, with With respect to each of Borrowers’ Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (Cambium Learning Group, Inc.), Loan and Security Agreement (Restoration Hardware Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, any Borrower with respect to any Account or Accounts. With respect to each of the Accounts of each Borrower, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc), Loan and Security Agreement (D & K Healthcare Resources Inc)

Accounts. Agent may rely, in determining which Accounts of a Borrower are Eligible Accounts, on all statements and representations made by Borrowers such Borrower with respect theretoto any Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in of a Borrowing Base CertificateBorrower, such Borrower warrants that:

Appears in 2 contracts

Samples: Credit Agreement (Remington Arms Co Inc/), Credit Agreement (Remington Arms Co Inc/)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers each Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 2 contracts

Samples: Loan and Security Agreement (Gulfside Supply, Inc.), Loan and Security Agreement (Eagle Supply Group Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Borrower with respect to any Account or Accounts. With respect to each of each Borrower's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (Kinetek Inc), Loan and Security Agreement (Kinetek Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Borrower with respect to any Account or Accounts of Borrower or any Guarantor. With respect to each of such Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 2 contracts

Samples: Loan and Security Agreement (Mobile Mini Inc), Loan and Security Agreement (Mobile Mini Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, Eligible Credit Insured Accounts or Eligible Non-Credit Insured Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account Credit Insured Accounts or Eligible Non-Credit Insured Accounts in a any Borrowing Base CertificateReport, that:

Appears in 2 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrantWith respect to each of each Borrower's Accounts, whether or not such Account is an Eligible Account or an Eligible Government Account, unless otherwise disclosed in writing to Agent (in a Borrowing Base Certificate or otherwise), with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 2 contracts

Samples: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers represent and warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Arctic Cat Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers any Company with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Loan and Security Agreement (Color Spot Nurseries Inc)

Accounts. Agent and the Lenders may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Credit Agreement (Drypers Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrant, with With respect to each of Borrowers' Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent , with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Loan and Security Agreement (United Natural Foods Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made pursuant to the Loan Documents by Borrowers Loan Parties with respect thereto. Borrowers warrantLoan Parties warrant that, with respect to the best of its knowledge, each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:Certificate is in fact an Eligible Account.

Appears in 1 contract

Samples: Loan and Security Agreement (Hudson Highland Group Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatall Accounts:

Appears in 1 contract

Samples: Loan and Security Agreement (Gentiva Health Services Inc)

Accounts. Agent may rely, in determining which Accounts -------- are Eligible Accounts, on all statements and representations made by Borrowers a Borrower with respect theretoto any Account. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrowers warrant that:

Appears in 1 contract

Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Each Borrower warrants with respect to each Account of its Accounts at the time it is shown as an Eligible Account in a Borrowing Base CertificateCertificate that, that:to such Borrower’s knowledge, in all material respects, each Account reflected therein as eligible for inclusion in the Borrowing Base is an Eligible Account. 181

Appears in 1 contract

Samples: Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (SMART Global Holdings, Inc.)

Accounts. Agent may rely, in determining which of Borrower's -------- Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Borrower with respect to any Account or Accounts. With respect to each of Borrower's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Woods Equipment Co)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts or Eligible Unbilled Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Each of Borrower and each Subsidiary Guarantor warrant, with respect to each Account at the time it is shown as an Eligible Account or Eligible Unbilled Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Summit Midstream Partners, LP)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers a Borrower with respect theretoto any Account. Unless otherwise indicated in writing to Agent or excluded by Borrowers warrantin their calculation of the Borrowing Base in any Borrowing Base Certificate, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrowers warrant that:

Appears in 1 contract

Samples: Loan and Security Agreement (Rowe Companies)

Accounts. Agent may rely, in determining which Accounts are Eligible AccountsAccounts and which Credit Card Receivables are Eligible Credit Card Receivables, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account and Credit Card Receivable at the time it is shown as an Eligible Account or Eligible Credit Card Receivable in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Topgolf Callaway Brands Corp.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:: (a) it is genuine and in all respects what it purports to be, and is not evidenced by a judgment;

Appears in 1 contract

Samples: Loan and Security Agreement (Us Concrete Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:: ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Casella Waste Systems Inc)

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Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account in a Revolver Borrowing Base Certificate or a Term Loan Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Summer Infant, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Borrower with respect to any Account or Accounts of Borrower or any other Credit Party. With respect to each of such Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Mobile Mini Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Loan Parties with respect thereto. Borrowers Loan Parties warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan Agreement (M/a-Com Technology Solutions Holdings, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account in a Revolver Borrowing Base Certificate and Term Loan Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Term Loan and Security Agreement (Summer Infant, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts and Eligible Unbilled Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account or Eligible Unbilled Account in a Borrowing Base Certificate or Interim Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Alon USA Energy, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrantEach Borrower warrants, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any account or Accounts. Borrowers warrant, with With respect to each of Borrowers' Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Truserv Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account. Borrowers warrantUnless otherwise indicated in writing to Agent or excluded by Borrower in their calculation of the Borrowing Base in any Borrowing Base Certificate, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrower warrants that:

Appears in 1 contract

Samples: Loan and Security Agreement (Dixie Group Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, any Borrower with respect to any Account or Accounts. With respect to each of any Borrower's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Pw Eagle Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, any Borrower with respect to any Account or Accounts. With respect to each of each Borrower's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Mfri Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatall Accounts:

Appears in 1 contract

Samples: Loan and Security Agreement (Gentiva Health Services Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all written statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan and Security Agreement (United Maritime Group, LLC)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, Eligible Unbilled Accounts, Eligible Foreign Accounts, and Eligible Foreign Agent Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account, Eligible Unbilled Account, Eligible Foreign Account, or Eligible Foreign Agent Account in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

Accounts. Agent may rely, in determining which Accounts are -------- Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrantWith respect to each of each Borrower's Accounts, whether or not such Account is an Eligible Account or an Eligible Government Account, unless otherwise disclosed in writing to Agent (in a Borrowing Base Certificate or otherwise), with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Loan and Security Agreement (Velocity Express Corp)

Accounts. The Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers the Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to the Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Credit Agreement (BMJ Medical Management Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts and Eligible Unbilled Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers warrantEach Obligor warrants, with respect to each Account of its Accounts at the time it is shown as an Eligible Account or an Eligible Unbilled Account in a Borrowing Base Certificate, thatthat to the Obligors’ knowledge the Account:

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Willbros Group, Inc.\NEW\)

Accounts. Agent may rely, in determining which Accounts are -------- Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Borrower with respect to any Account or Accounts. With respect to each of each Borrower's Accounts arising in the ordinary course of business from the sale of goods or the rendition of services, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Falcon Products Inc /De/)

Accounts. Agent may rely, in determining which Accounts relating to the sale or lease of goods or the provision of services are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, Borrower with respect to any such Account or Accounts. With respect to each of Borrower's Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: And Security Agreement (Weirton Steel Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrower warrants that:

Appears in 1 contract

Samples: Loan and Security Agreement (Metromedia International Group Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account. Unless otherwise indicated in writing to Agent or specifically excluded by Borrowers warrantin their calculation of the Borrowing Base in any Borrowing Base Certificate, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, each Borrower warrants that:

Appears in 1 contract

Samples: Loan and Security Agreement (Alpharma Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, and each other Loan Party with respect to any Account or Accounts. With respect to each of each Borrower’s and each other Loan Party’s Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a the appropriate Borrowing Base Certificate, thatCertificate or schedule:

Appears in 1 contract

Samples: Loan Agreement (Katy Industries Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers any Loan Party with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Loan and Security Agreement (Ramsay Health Care Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account or Accounts. Borrowers warrantUnless otherwise indicated in writing to Agent, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatAccount:

Appears in 1 contract

Samples: Loan and Security Agreement (Northwestern Steel & Wire Co)

Accounts. Agent Each of the Agents may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan Agreement (Superior Essex Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, rely on all statements and representations made by Borrowers with respect theretoto the Eligible Accounts. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Calix, Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrant, with With respect to each Account at the time it of each Borrower, whether or not such Account is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Financing and Security Agreement (Henry Co)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect thereto. Borrowers warrantBorrower warrants, with respect to each Account at the time that it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Vizio Holding Corp.)

Accounts. Agent Agents may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto any Account or Accounts. Borrowers warrant, with With respect to each of Borrowers' Accounts arising in the ordinary course of business of any Borrower from the sale of goods or rendition of services, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Sitel Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Loan Parties with respect thereto. Borrowers warrantEach Loan Party warrants, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Computer Task Group Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts and Eligible Foreign Accounts, on all statements and representations made by Parent and Borrowers with respect thereto. Parent and Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account or an Eligible Foreign Account in a Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect theretoto any Account. Borrowers warrantUnless otherwise indicated by Borrower in writing to Agent or excluded by Borrower in its calculation of the Borrowing Base in any Borrowing Base Certificate, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateAccount, Borrower warrants that:

Appears in 1 contract

Samples: Loan and Security Agreement (Toms Foods Inc)

Accounts. Each Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Borrower with respect to any Account or Accounts. With respect to each Obligor’s Accounts, whether or not such Account at the time it is shown as an Eligible Account Account, unless otherwise disclosed to Administrative Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Lamina Inc)

Accounts. The Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers in writing with respect thereto. Borrowers warrant, Each Borrower warrants with respect to each Account of its Accounts at the time it is shown as an Eligible Account in a Borrowing Base Certificate, thatthat to such Borrower’s knowledge, in all material respects:

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (Edgen Group Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:: 115

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Obligors with respect thereto. Borrowers Obligors warrant, with respect to each Account at the time it is shown as an Eligible Account in a an ABL Borrowing Base CertificateReport, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Innerworkings Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers Borrower with respect thereto. Borrowers Borrower warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Loan and Security Agreement (Merix Corp)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect thereto. Borrowers warrant, each Borrower with respect to any Account or Accounts. With respect to each Account at the time it is shown as an of each Borrower's Eligible Account Accounts, unless otherwise disclosed to Agent in a Borrowing Base Certificate, thatwriting:

Appears in 1 contract

Samples: Loan and Security Agreement (Deeter Foundry Inc)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers with respect theretoto such Accounts. Borrowers warrant, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base CertificateReport as eligible to be an Eligible Account, that:

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

Accounts. Agent may rely, in determining which Accounts are Eligible Accounts, on all statements and representations made by Borrowers the Loan Parties with respect thereto. Borrowers warrantEach Loan Party warrants, with respect to each Account at the time it is shown as an Eligible Account in a Borrowing Base Certificate, that:

Appears in 1 contract

Samples: Credit Agreement (Wausau Paper Corp.)

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