Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 18 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (WHX Corp), Credit Agreement (Dune Energy Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) if any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the if Borrowers or any Guarantor shall fail to perform perform, keep, or observe any term, covenant provision, condition, covenant, or agreement contained in this Amendment.
Appears in 9 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 8 contracts
Samples: Loan Agreement (General Datacomm Industries Inc), Loan Agreement (General Datacomm Industries Inc), Loan Agreement (General Datacomm Industries Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “"Loan Document” " under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 7 contracts
Samples: Credit Agreement (Take Two Interactive Software Inc), Credit Agreement (WHX Corp), Credit Agreement (Take Two Interactive Software Inc)
Amendment as Loan Document. The Borrowers Each of the Parent and each Guarantor the Borrower hereby acknowledge acknowledges and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i1) any representation or warranty made by the Borrowers Parent or any Guarantor the Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii2) the Borrowers Parent or any Guarantor the Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 6 contracts
Samples: Credit and Security Agreement (Pope & Talbot Inc /De/), Credit and Security Agreement (Pope & Talbot Inc /De/), Credit and Security Agreement (Pope & Talbot Inc /De/)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) if any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the if Borrowers or any Guarantor shall fail to perform perform, keep, or observe any term, covenant provision, condition, covenant, or agreement contained in this Amendment.
Appears in 4 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 4 contracts
Samples: Loan and Security Agreement (Gentiva Health Services Inc), Loan and Security Agreement (Gentiva Health Services Inc), Loan and Security Agreement (Gentiva Health Services Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment Agreement constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers Parent or any Guarantor Borrower under or in connection with this Amendment Agreement shall have been untrue, false or misleading not true and correct in any all material respect respects when made, or (ii) the Borrowers Parent or any Guarantor Borrower shall fail to perform or observe any term, covenant or agreement contained in this AmendmentAgreement.
Appears in 4 contracts
Samples: Credit Agreement (Angiotech Pharmaceuticals Inc), Credit Agreement and Consent (Angiotech Pharmaceuticals Inc), Credit Agreement (Angiotech Pharmaceuticals Inc)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Foster Wheeler LTD), Loan and Security Agreement (Foster Wheeler LTD)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Numatics Inc), Loan and Security Agreement (Numatics Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Loan and Security Agreement (Gentiva Health Services Inc), And Consent Agreement (Gentiva Health Services Inc)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) if any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the if Borrowers or any Guarantor shall fail to perform perform, keep, or observe any term, covenant provision, condition, covenant, or agreement contained in this Amendment.. (g)
Appears in 2 contracts
Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Fourth Amendment and Consent Agreement (Gentiva Health Services Inc), Amendment and Consent Agreement (Gentiva Health Services Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “"Loan Document” under the Credit Agreement. ." Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Triarc Companies Inc), Credit Agreement (Triarc Companies Inc)
Amendment as Loan Document. The Borrowers and each Guarantor hereby acknowledge and agree that this Amendment constitutes a “Loan Document.” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Trian Fund Management, L.P.), Pledge and Security Agreement (Trian Fund Management, L.P.)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Financing Agreement. Accordingly, it shall be an Event of Default under the Credit Financing Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor a Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Samples: Financing Agreement (Enherent Corp)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i1) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii2) the Borrowers or any Guarantor Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.)
Amendment as Loan Document. The Borrowers Each Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any Borrower fails to perform, keep or observe any term, provision, condition, covenant or agreement contained in this Amendment or if any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Samples: Loan and Security Agreement (Elgin National Industries Inc)
Amendment as Loan Document. The Borrowers Parent and each Guarantor Borrower hereby acknowledge acknowledges and agree agrees that this Amendment constitutes a “"Loan Document” " under the Credit Loan Agreement. Accordingly, it shall be an Event of Default under the Credit Loan Agreement if (i) any representation or warranty made by the Borrowers Parent or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Amendment as Loan Document. The Borrowers Borrower hereby acknowledges and each Guarantor hereby acknowledge and agree agrees that this Amendment constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers or any Guarantor Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) the Borrowers or any Guarantor Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Amendment as Loan Document. The Borrowers Borrower and each Guarantor hereby acknowledge acknowledges and agree agrees that this Amendment Agreement constitutes a “Loan Document” under the Credit Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers Borrower or any Guarantor under or in connection with this Amendment Agreement shall have been untrue, false or misleading in any material respect when made, or (ii) the Borrowers Borrower or any Guarantor shall fail to perform or observe any term, covenant or agreement contained in this AmendmentAgreement.
Appears in 1 contract
Samples: Credit Agreement and Guaranty and Security Agreement (Medical Action Industries Inc)
