Amendment as Loan Document. The Borrowers hereby acknowledge and agree that this Amendment constitutes a “Loan Document.” Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Sources: Amendment to Credit Agreement (Trian Fund Management, L.P.), Partial Release and Eighth Omnibus Amendment (Trian Fund Management, L.P.)
Amendment as Loan Document. The Borrowers hereby acknowledge and agree that this Amendment constitutes a “"Loan Document.” " Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, or (ii) a Borrower the Borrowers shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 2 contracts
Sources: Pledge and Security Agreement (Triarc Companies Inc), Pledge and Security Agreement (Triarc Companies Inc)
Amendment as Loan Document. The Borrowers hereby acknowledge and agree that each of this Amendment and the New Notes constitutes a “"Loan Document.” " Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers under or in connection with this Amendment or the New Notes shall have been untrue, false or misleading in any material respect when made, or (ii) a Borrower the Borrowers shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract
Sources: Pledge and Security Agreement (Triarc Companies Inc)
Amendment as Loan Document. The Borrowers Borrower hereby acknowledge acknowledges and agree agrees that this Amendment constitutes a “Loan Document.” under the Agreement. Accordingly, it shall be an Event of Default under the Credit Agreement if (i) any representation or warranty made by the Borrowers Borrower under or in connection with this Amendment shall have been untrue, false or misleading in any material respect when made, made or (ii) a Borrower shall fail to perform or observe any term, covenant or agreement contained in this Amendment.
Appears in 1 contract