Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 9 contracts
Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp), Sigeco Credit Agreement (Centerpoint Energy Resources Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 7 contracts
Samples: Credit Agreement (Boston Properties LTD Partnership), Credit Agreement (Tortoise Energy Infrastructure Corp), Credit Agreement (Boston Properties LTD Partnership)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 5 contracts
Samples: Day Credit Agreement (American Honda Finance Corp), Credit Agreement (American Honda Finance Corp), Credit Agreement (American Honda Finance Corp)
Certain ERISA Matters. (a) Each Bank Bank, (x) represents and warrants, as of the date such Person became a Bank party heretohereunder, to, and (y) covenants, from the date such Person became becomes a Bank hereunder, from the date such Person becomes a Bank party hereto hereunder to the date such Person ceases being a Bank party heretoto this Agreement, for the benefit of, the Administrative Agent, each Agent and the Joint Lead Arranger Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 5 contracts
Samples: Credit Agreement (Brinker International, Inc), Credit Agreement (Brinker International, Inc), Credit Agreement (Brinker International, Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the Borrowerany Borrower or any other Credit Party, that at least one of the following is and will be true:
Appears in 5 contracts
Samples: Credit Agreement (Eaton Corp PLC), Revolving Credit Agreement (Eaton Corp PLC), Credit Agreement (Eaton Corp PLC)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank Banks party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Credit Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (Brigham Minerals, Inc.), Credit Agreement (Brigham Minerals, Inc.), Credit Agreement (Sitio Royalties Corp.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Revolving Credit Agreement (Erp Operating LTD Partnership), Credit Agreement (Cerner Corp /Mo/), Credit Agreement (CERNER Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, and each Lead Arranger lead arranger (whether a joint lead arranger or sole lead arranger) and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Fund or any Borrower, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (BlackRock Series Fund, Inc.), Credit Agreement (BlackRock Variable Series Funds II, Inc.), Credit Agreement (Blackrock Funds)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (Humana Inc), 364 Day Revolving Credit Agreement (Humana Inc), Term Loan Credit Agreement (Humana Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Credit Party, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (Alliance Data Systems Corp), Credit Agreement (Bread Financial Holdings, Inc.), Loan Agreement (Spire Alabama Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrowers, that at least one of the following is and will be true:
Appears in 4 contracts
Samples: Credit Agreement (Alliancebernstein L.P.), Credit Agreement (Alliancebernstein Holding L.P.), Revolving Credit Agreement (Alliancebernstein L.P.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Co-Borrower, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Carlisle Companies Inc), Credit Agreement (Carlisle Companies Inc), Credit Agreement (Carlisle Companies Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, Agent and each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc), Credit Agreement (General Mills Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerAccount Parties, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Lincoln National Corp), Credit Agreement (Lincoln National Corp), Credit Agreement (Lincoln National Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective Affiliates, the CAF Loan Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (Humana Inc), 364 Day Revolving Credit Agreement (Humana Inc), 364 Day Revolving Credit Agreement (Humana Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp), Loan Agreement (Matthews International Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger the Arranger, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, tothat, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and each Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 3 contracts
Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any Guarantor Subsidiary, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Sanderson Farms Inc), Credit Agreement (Sanderson Farms Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the any Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Putnam Global Health Care Fund), Credit Agreement (Putnam ETF Trust)
Certain ERISA Matters. (a) Each Bank Banks (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrowers or any other Loan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)
Certain ERISA Matters. (a) Each Bank (xa) represents and warrants, as of the date such Person became a Bank party hereto, to, and (yb) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, each Lead Arranger Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrowers, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Trane Technologies PLC), Credit Agreement (Ingersoll-Rand PLC)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Arranger, and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Loan Agreement (Spire Missouri Inc), Loan Agreement (Spire Missouri Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, and each Lead Arranger other Agent and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCo-Borrowers or any other Loan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Via Renewables, Inc.), Spark Energy, Inc.
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, Agent and each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Revolving Credit Agreement (Eog Resources Inc), Revolving Credit Agreement (Eog Resources Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Agent and the Joint Lead Arranger and their respective Affiliates, Arrangers and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Revolving Loan Agreement (Avalonbay Communities Inc), Revolving Loan Agreement (Avalonbay Communities Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Agent or any Arranger and or any of their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Loan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Cigna Corp), Credit Agreement (Cigna Corp)
Certain ERISA Matters. (a) Each Lender and Issuing Bank (x) represents and warrants, as of the date such Person became a Lender or Issuing Bank 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, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Kyndryl Holdings, Inc.), Credit Agreement (Kyndryl Holdings, Inc.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective Affiliates, the Arrangers and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Term Loan Agreement (Avalonbay Communities Inc), Term Loan Agreement (Avalonbay Communities Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, Agent and each Joint Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Obligor, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Revolving Credit Agreement (Jackson Financial Inc.), Assignment and Assumption (Jackson Financial Inc.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, Agent and the Administrative Agent, each Joint Lead Arranger Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrowers, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Nordson Corp), Credit Agreement (Nordson Corp)
Certain ERISA Matters. (a) Each a)Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, tothat, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and each Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, tothat, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and each Bookrunner and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Credit Agreement (Cigna Group), Credit Agreement (Mdu Resources Group Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Credit Party, that at least one of the following is and will be true:
Appears in 2 contracts
Samples: Revolving Credit Agreement (Motorola Solutions, Inc.), Revolving Credit Agreement (Motorola Solutions, Inc.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each 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 BorrowerBorrower or the General Partner, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, Agent and each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead the Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Term Loan Agreement (Kb Home)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Pledge Agreement (Graco Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrowers or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Allegion PLC)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party heretohereto (or, if later, the First Amendment Effective Date), to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any Guarantor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Parsons Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead the Arranger and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Credit Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Participating Bank (x) represents and warrants, as of the date such Person became a Participating Bank party hereto, to, and (y) covenants, from the date such Person became a Participating Bank party hereto to the date such Person ceases being a Participating Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective Affiliates, its Related Parties and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Credit Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Reimbursement Agreement (Reinsurance Group of America Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, Agent and each Joint Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each the Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:: a reduction in full or in part or cancellation of any such liability;
Appears in 1 contract
Samples: Credit Agreement (Neuberger Berman Real Estate Securities Income Fund Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank 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 BorrowerBorrowers or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Credit Suisse Asset Management Income Fund Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, Agent and each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the General Partner or the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Obligor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Shoe Carnival Inc)
Certain ERISA Matters. (a) Each Bank Bank, (x) represents and warrants, as of the date such Person became a Bank party heretohereunder, to, and (y) covenants, from the date such Person became becomes a Bank hereunder, from the date such Person becomes a Bank party hereto hereunder to the date such Person ceases being a Bank party heretoto this Agreement, for the benefit of, the Administrative Agent, each Agent and the Joint Lead Arranger 105 Arrangers and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (Credit Suisse Asset Management Income Fund Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Agent or the Arranger and or any of their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Loan Party, that at least one of the following is and will be true:: 50
Appears in 1 contract
Certain ERISA Matters. (a) 11.12.1 Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank 170444384_7.docx party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Credit Agreement (NIKE, Inc.)
Certain ERISA Matters. (a) 11.12.1 Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Loan Party, that at least one of the following is and will be true:: 63 156389297_7
Appears in 1 contract
Samples: Credit Agreement (NIKE, Inc.)
Certain ERISA Matters. (a) 11.12.1 Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerCompany or any other Loan Party, that at least one of the following is and will be true:: #184122093_7
Appears in 1 contract
Samples: Credit Agreement (NIKE, Inc.)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, Agent and each Lead Arranger and their respective Affiliates, Affiliates and not, for the avoidance of doubt, to or for the benefit of the General Partner or the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger the Other Agents and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Credit Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, Agent and each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, General Partner or the Borrower that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerParent, the Borrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) a. Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, Agent and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) a. Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their respective its Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan Party, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the any Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Loan Agreement (Spire Missouri Inc)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger of the Arrangers, the Syndication Agents and their respective Affiliates, and not, for 120 the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any other Loan 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 Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, of the Administrative Agent, and each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger Agent and their its respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the BorrowerBorrower or any Guarantor, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Term Loan Agreement (Parsons Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger arranger and their respective Affiliatesaffiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
Samples: Year Credit Agreement (American Express Credit Corp)
Certain ERISA Matters. (a) Each Bank (x) represents and warrants, as of the date such Person became a Bank party hereto, to, and (y) covenants, from the date such Person became a Bank party hereto to the date such Person ceases being a Bank party hereto, for the benefit of, the Administrative Agent, each Lead Arranger and their respective Affiliates, and not, for the avoidance of doubt, to or for the benefit of the Borrower, that at least one of the following is and will be true:
Appears in 1 contract
