Common use of Affirmation of Representations and Warranties Clause in Contracts

Affirmation of Representations and Warranties. Any Borrowing Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct on and as of the date of such request with the same effect as though made on and as of the date of such request, and (b) on the date of such request no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by Borrower that (x) the representations and warranties of Borrower contained in the first sentence of this Section 6.03 are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 3 contracts

Samples: Equipment Loan and Security Agreement (Econophone Inc), Equipment Loan and Security Agreement (Econophone Inc), Equipment Loan and Security Agreement (Econophone Inc)

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Affirmation of Representations and Warranties. Any Borrowing --------------------------------------------- Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (ai) the representations and warranties contained in Article 4 hereof are true and correct on and as of the date of such request with the same effect as though made on and as of the date of such request, request and (bii) on the date of such request no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from a Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by the Borrower that (x) the representations and warranties of the Borrower contained in the first sentence of this Section 6.03 26(c) ------------- are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (Primus Telecommunications Group Inc)

Affirmation of Representations and Warranties. Any Borrowing ------------------------------------------------- Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct in all material respects on --------- and as of the date of such request with the same effect as though made on and as of the date of such request, request and (b) on the date of such request request, no Default or Event of Default has occurred and is continuing or exists continuing, exists, or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by Borrower that (x) the representations and warranties of Borrower contained in the first sentence of this Section 6.03 are true and correct on and as of the date of such Advance ------------- with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance Advance, no Default or Event of Default has occurred and is continuing or continuing, exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (Telscape International Inc)

Affirmation of Representations and Warranties. Any Borrowing --------------------------------------------- Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct on and as of the date of such --------- request with the same effect as though made on and as of the date of such request, request and (b) on the date of such request no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from a Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by the Borrower that (x) the representations and warranties of the Borrower contained in the first sentence of this Section 6.03 ------------ are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (Broadview Networks Holdings Inc)

Affirmation of Representations and Warranties. Any Borrowing Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct on and as of the date of such request with the same effect as though made on and as of the date of such request, request and (b) on the date of such request request, no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by Borrower that (x) the representations and warranties of Borrower contained in the first sentence of this Section 6.03 are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (Startec Global Communications Corp)

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Affirmation of Representations and Warranties. Any Borrowing Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct on and as of the date of such request with the same effect as though made on and as of the date of such request, request and (b) on the date of such request no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from Borrower or Guarantor to the contrary before such Advance is made shall constitute a further representation and warranty by Borrower and Guarantor that (x) the representations and warranties of Borrower and Guarantor contained in the first sentence of this Section 6.03 are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (Ixc Communications Inc)

Affirmation of Representations and Warranties. Any Borrowing Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct in all material respects on and as of the date of such request with the same effect as though made on and as of the date of such request, request and (b) on the date of such request no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by Borrower that (x) the representations and warranties of Borrower contained in the first sentence of this Section 6.03 6.3 are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (GST Telecommunications Inc)

Affirmation of Representations and Warranties. Any Borrowing Certificate or other request for any Advance hereunder shall constitute a representation and warranty that (a) the representations and warranties contained in Article 4 hereof are true and correct on and as of the date of such request with the same effect as though made on and as of the date of such request, request and (b) on the date of such request no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance (for this purpose such Advance being deemed to have been made on the date of such request). Failure of Lender to receive notice from Borrower to the contrary before such Advance is made shall constitute a further representation and warranty by Borrower that (x) the representations and warranties of Borrower contained in the first sentence of this Section 6.03 are true and correct on and as of the date of such Advance with the same effect as though made on and as of the date of such Advance, Advance and (y) on the date of the Advance no Default or Event of Default has occurred and is continuing or exists or will occur or exist after giving effect to such Advance.

Appears in 1 contract

Samples: Loan and Security Agreement (Focal Communications Corp)

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