Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 8 contracts
Samples: Senior Secured (Sixth Street Lending Partners), Senior Secured Revolving Credit Agreement (Barings BDC, Inc.), Secured Revolving Credit Agreement (Sixth Street Lending Partners)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Agent and the Joint Lead Arranger, Arrangers and Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 8 contracts
Samples: Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp), Credit Agreement (BrightView Holdings, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Arrangers, the Joint Bookrunners and each Joint Lead Arranger, Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 7 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Certain ERISA Matters. (a1) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Arrangers and the Bookrunners and their respective AffiliatesAffiliates (the “Relevant Parties”), and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 6 contracts
Samples: Credit Agreement (Amneal Pharmaceuticals, Inc.), Collateral Agreement (Amneal Pharmaceuticals, Inc.), Credit Agreement (Amneal Pharmaceuticals, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the each Administrative Agent, the Collateral Agent and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Bookrunners and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (Acadia Realty Trust), Credit Agreement (Apple Hospitality REIT, Inc.), Credit Agreement (Apple Hospitality REIT, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Sustainability Structuring Agent and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (Micron Technology Inc), Credit Agreement (Micron Technology Inc), Term Loan Credit Agreement (Micron Technology Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Joint Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligorthe Subsidiary Guarantors, that at least one of the following is and will continue to be true:
Appears in 4 contracts
Samples: Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.), Credit Agreement (Cars.com Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Titled Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of NSA REIT, the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Collateral Agent and the Joint Lead Arranger, Arrangers and Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: First Lien Credit Agreement (HireRight Holdings Corp), First Lien Credit Agreement (HireRight Holdings Corp), Lien Credit Agreement (HireRight GIS Group Holdings, LLC)
Certain ERISA Matters. (aA) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrowers or any other Obligormember of the Obligor Group, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Woodward, Inc.), Credit Agreement (Woodward, Inc.), Credit Agreement (Woodward, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger/Joint Bookrunner, and each Joint Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Brixmor Operating Partnership LP), Term Loan Agreement (Brixmor Operating Partnership LP), Revolving Credit Agreement (Brixmor Operating Partnership LP)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Co-Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.), Credit Agreement (Texas Roadhouse, Inc.)
Certain ERISA Matters. (a) Each a)Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Indus Realty Trust, Inc.), Credit Agreement (Indus Realty Trust, Inc.), Credit Agreement (ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Revolving Agent, the Collateral Agent and the Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Centric Brands Inc.), Credit Agreement (Centric Brands Inc.), First Lien Credit Agreement (Centric Brands Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Amendment No. 2 Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Blucora, Inc.), Credit Agreement (Blucora, Inc.), Credit Agreement (Blucora, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead the Arranger, and each other Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent, each Joint the Lead ArrangerArrangers, the Documentation Agents, the Syndication Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Boston Scientific Corp), Term Loan Credit Agreement
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Multicurrency Administrative Agent, each Joint Lead Arranger, Arranger and Joint Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arrangerthe Arrangers, the Syndication Agent, the Co-Documentation Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Pacira BioSciences, Inc.), Credit Agreement (Pacira BioSciences, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arrangerthe Sustainability Structuring Agent, any Documentation Agent and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.), Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent, each Joint the Lead ArrangerArrangers, the Bookrunners and their respective Affiliatesthe Co-Managers, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent, the Coordinating Lead Arranger and each Joint Lead Arranger, and of their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:: 109
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Agent and the Joint Lead Arranger, Arrangers and Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoanCredit Party, that at least one of the following is and will be true::
Appears in 2 contracts
Samples: Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Sustainability Structuring Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Lead Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (ESAB Corp), Credit Agreement (ESAB Corp)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Joint Lead Arranger, Arrangers or the Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party heretohereto on or after the Closing Date, to, and (y) covenants, from the date such Person became a Lender party hereto on or after the Closing Date to the date such Person Lender ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, and Agent and/or any of their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Eastern Co), Credit Agreement (Eastern Co)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Bookrunner and the Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Americold Realty Trust), Credit Agreement (Americold Realty Trust)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Agent and the Joint Lead Arranger, Arrangers and Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true::
Appears in 2 contracts
Samples: Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Collateral Agent and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead the Arranger, and each other Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Varian Medical Systems Inc), Credit Agreement (Varian Medical Systems Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Lead Arranger, the Bookrunner, any Documentation Agent or any Syndication Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrowers, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Arranger and each Other Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Cit Group Inc), Credit and Guaranty Agreement (Cit Group Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, to or for the benefit of, the Administrative Agent, each Joint Lead Arranger/Joint Bookrunner, and each Joint Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Term Loan Agreement (Brixmor Operating Partnership LP), Term Loan Agreement (Brixmor Operating Partnership LP)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Lead Arranger, Left Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Kodiak Gas Services, Inc.), Credit Agreement (Kodiak Gas Services, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arrangerthe Collateral Agent, the Ally Representative, the Blackstone Credit Representative and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (KLDiscovery Inc.), Credit Agreement (KLDiscovery Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit ofof the Senior Facility Agent, the Administrative AgentCommon Security Trustee, the Coordinating Lead Arranger and each Joint Lead Arranger, and of their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Assignment and Assumption (Sabine Pass Liquefaction, LLC), Credit and Guaranty Agreement (Sabine Pass Liquefaction, LLC)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Bookrunner, the Joint Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Organogenesis Holdings Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Agent and any Joint Coordinating Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (REV Renewables, Inc.), Credit Agreement (REV Renewables, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Company, the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Agreement (Four Corners Property Trust, Inc.), Credit and Term Loan Agreement (Four Corners Property Trust, Inc.)
Certain ERISA Matters. (al) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Bookrunners and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Collateral Agent, each Joint Bookrunner and each Lead Arranger, and their respective Affiliates, Arranger and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrowers or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (BALL Corp)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Collateral Agent and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Parent Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Collateral Agent and the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, each Co-Syndication Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Parent Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Arrangers and the Joint Lead Arranger, Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Mobile Mini Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Agent and the Sole Lead Arranger, Arranger and Sole Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Allete Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Parent, the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Centennial Resource Development, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became becaomes a Lender party hereto, to, and (y) covenants, from the date such Person became becao mes a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Applicable Administrative Agent, each Joint the Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Applicable Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Joint Bookrunners and the Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date 171 146960219_6 such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) i. Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent, each Joint the Lead ArrangerArrangers, the Bookrunners and their respective Affiliatesthe Co-Managers, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (ai) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Collateral Agent and the Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (ai) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Agent and any Coordinating Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:: Aspen Bath – Credit Agreement
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Agent and the Arranger and their respective Affiliates, and not, for the avoidance 110 of doubt, to or for the benefit of the Borrower Co-Borrowers or any other ObligorBorrower Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Second Lien Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorBorrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each xxv)Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Arrangers and the Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower Borrowers or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Brandywine Operating Partnership, L.P.)
Certain ERISA Matters. (a) Each Lender Lender: (x) represents and warrants, as of the date such Person became a Lender party hereto, to, ; and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, the Collateral Agent and their respective Affiliates, Affiliates and not, for the avoidance of doubt, to or for the benefit of the Borrower or Borrower, any other ObligorLoan Party, or Tellurian, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Tellurian Inc. /De/)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Sole Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of Holdings, the Borrower or any other ObligorGuarantor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (StoneX Group Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person person became a Lender party hereto, to, and (y) covenants, from the date such Person person became a Lender party hereto to the date such Person person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Joint Lead Arranger, Arrangers and Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Co-Manager and each Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, Agent and each other Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: First Lien Credit Agreement (Focus Financial Partners Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Parent, the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:: 111
Appears in 1 contract
Samples: Credit Agreement (Centennial Resource Development, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative AgentAgents, each Joint Lead Arrangerthe Arrangers, the Co-Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Compass, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Agent and each Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Revolving Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Titled Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of NSA REIT, the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:: 128
Appears in 1 contract
Samples: Credit Agreement (National Storage Affiliates Trust)
Certain ERISA Matters. (a) Each Lender and each Issuing Bank (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender or Issuing Bank party hereto to the date such Person ceases being a Lender or Issuing Bank party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Masimo Corp)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto thereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund)
Certain ERISA Matters. (a) Each Lender (xIx) represents and warrants, as of the date such Person became a Lender party hereto, to, and (yIIy) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to to, or for the benefit of of, the Borrower or any other ObligorLoan Party, that at least one (1) of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Spirit AeroSystems Holdings, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Arranger and each Co-Syndication Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Arrangers,the Joint Bookrunners and each Joint Lead Arranger, Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Mednax, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent, the Collateral Agent, the Sole Lead Arranger and each Joint Lead Arranger, and of their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arrangerthe Arrangers, the Co-Syndication Agents and the Co-Documentation Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (New Home Co Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person person became a Lender party hereto, to, and (y) covenants, from the date such Person person became a Lender party hereto to the date such Person person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Arrangers, the Joint Bookrunners and each Joint Lead Arranger, Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Apollo Investment Corp)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Lead Arranger and each other Joint Lead Arranger, Arranger and Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Aircraft Security Agreement (American Airlines, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Several L/C Issuing Bank and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Letter of Credit Facility Agreement (Enstar Group LTD)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, Agent and each Joint other Lead Arranger, Arranger (as defined in the First Amendment) and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit and Guaranty Agreement (American Airlines Inc)
Certain ERISA Matters. (a) . (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each and Joint Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Collateral Agent, the Lead Arranger, each Joint Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Innoviva, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, solely for the benefit of, the Administrative Agent, each Joint the Lead Arranger, Arrangers and the Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party (the “Relevant Parties”), that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Investment Technology Group, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arrangerthe Sustainability Structuring Agent, any Documentation Agent and Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arrangerof the Arrangers, the Syndication Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Revolving Loan Agreement (Kb Home)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Bookrunners and the Lead Arranger, Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Joint Bookrunner, Co-Syndication Agent and Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower or any other Obligor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Iron Mountain Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Arrangers, the Joint Bookrunners and each Joint Lead Arranger, Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Mednax, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative each Agent, each Joint Lead Arranger, Arranger and their respective Affiliates, and notand, solely for the avoidance purposes of doubtSection 3.21 hereof, to or and for the benefit of the any Borrower, any Subsidiary of Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Scansource, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint of the Amendment No. 4 Lead Arranger, Arrangers and Bookrunners and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Company Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, Agent and each other Joint Lead Arranger, Arranger and Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (RBC Bearings INC)
Certain ERISA Matters. (aA) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Lead Arranger, the Joint Lead ArrangerArrangers, the Bookrunner, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, of the Administrative Agent, each Joint the Lead ArrangerArrangers, the Bookrunners and their respective Affiliatesthe Co-Managers, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:: 144
Appears in 1 contract
Certain ERISA Matters. 10.17 . (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, and each Joint Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Co-Syndication Agents, the Lead Arranger, Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorAffiliated Entity, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Alaska Communications Systems Group Inc)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each the Joint Bookrunners and the Lead Arranger, ArrangerArrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, the Arrangers, the Joint Bookrunners and each Joint Lead Arranger, Co-Documentation Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower BorrowerCompany or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative AgentAgent and, each Joint Lead Arranger, Arranger and the Amendment No. 2 Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint Lead Arranger, Agent and the Refinancing Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorLoan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (B&G Foods, Inc.)
Certain ERISA Matters. (a) Each Lender (x) represents and warrants, as of the date such Person became a Lender party hereto, to, and (y) covenants, from the date such Person became a Lender party hereto to the date such Person ceases being a Lender party hereto, for the benefit of, the Administrative Agent, each Joint the Lead Arranger, Arranger and the Amendment No. 3 Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower or any other ObligorCredit Party, that at least one of the following is and will be true:
Appears in 1 contract
