Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of Holdings, in which certificate Holdings shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 4 contracts
Sources: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Transportation Co Inc)
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificatereceived, with counterparts for each Lender, a certificate, dated as of the Closing Date date hereof, appropriately completed and duly executed and delivered by an Authorized Officer of Holdings, the Borrower in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower made as of such date, date and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectcorrect.
Appears in 4 contracts
Sources: Credit Agreement (Budget Group Inc), Credit Agreement (Budget Group Inc), Credit Agreement (Budget Group Inc)
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of Holdingsthe Borrower, in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectscorrect. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 4 contracts
Sources: Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc)
Closing Date Certificate. The Administrative Agent shall have received a certificate, signed by the Closing Date Certificate, dated as chief financial officer of the Closing Borrower Representative and dated the Effective Date (i) stating that no Default has occurred and duly executed and delivered by an Authorized Officer of Holdingsis continuing, in which certificate Holdings shall agree and acknowledge (ii) stating that the statements made therein shall be deemed to be representations and warranties contained in Article III are true and correct representations and warranties of Holdings and its Subsidiaries in all material respects as of such date, and, at the time date (provided that each such certificate is delivered, such statements representation and warranty shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended respects to the Closing Date Certificate shall extent that it is already qualified by a materiality standard), and (iii) certifying any other factual matters as may be in form and substance reasonably satisfactory to requested by the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 4 contracts
Sources: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp)
Closing Date Certificate. The Administrative Agent shall have received received, with counterparts for each Lender, the Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of Holdingseach Borrower, in which certificate Holdings each Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries such Borrower as of such date, and, at the time each such the certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Sterling Chemicals Inc), Revolving Credit Agreement (Sterling Chemical Inc)
Closing Date Certificate. The Administrative Agent shall have received received, with counterparts for each Lender, the Borrower Closing Date Certificate, dated as the date of the Closing Date initial Credit Extension and duly executed and delivered by an Authorized Officer of Holdings, in which certificate Holdings shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be Borrower in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed . All documents and delivered by agreements required to be appended to the requisite parties, and shall Borrower Closing Date Certificate will be in full force form and effectsubstance satisfactory to the Administrative Agent.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificatereceived, with counterparts for each Lender, a certificate, dated as of the Closing Date Effective Date, appropriately completed and duly executed and delivered by an Authorized Officer of Holdings, the Borrower in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower made as of such date, date and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectcorrect.
Appears in 1 contract
Sources: Credit Agreement (Budget Group Inc)
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of Holdingsthe Borrower, in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectscorrect. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectLead Arrangers.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent shall will have received received, with counterparts for each Lender, the Closing Date Certificate, dated as of the Closing Effective Date and duly executed and delivered by an Authorized a Designated Officer of Holdingsthe Borrower, in which certificate Holdings shall the Borrower will agree and acknowledge that the statements made therein shall will be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall will be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent shall have received the a Closing Date Certificate, dated as of in form and substance reasonably acceptable to the Closing Date and Administrative Agent, duly executed and delivered by an Authorized Officer of Holdingsthe Borrower and dated the Effective Date, certifying satisfaction of the conditions set forth in which certificate Holdings shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectSection 5.2.1.
Appears in 1 contract
Sources: Credit Agreement (Lannett Co Inc)
Closing Date Certificate. The Administrative Agent shall have received received, with counterparts for each Lender, the Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of Holdingseach Borrower, in which certificate Holdings each Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries such Borrower as of such date, and, at the time each such the certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent shall have received the Borrower Closing Date Certificate, dated as of the Closing Date and Date, duly executed and delivered by an Authorized Officer of Holdingsthe Borrower, in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectscorrect. All documents and agreements (including the Transaction Documents) required to be appended to the Borrower Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 1 contract
Sources: Credit Agreement (United Surgical Partners International Inc)
Closing Date Certificate. The Administrative Agent shall have received received, with counterparts for each Lender, the Closing Date Certificate, dated as the date of the Closing Date and duly executed and delivered by an Authorized Officer of Holdingseach Borrower, in which certificate Holdings each Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries such Borrower made as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectscorrect. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectAgents.
Appears in 1 contract
Sources: Credit Agreement (Dollar Thrifty Automotive Group Inc)
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificatereceived, with counterparts for each Lender, a certificate, dated as the effective date of the Closing Date this Amendment, appropriately completed and duly executed and delivered by an Authorized Officer of Holdings, the Borrower in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower made as of such date, date and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectcorrect.
Appears in 1 contract
Sources: Amended and Restated Credit Agreement (Budget Group Inc)
Closing Date Certificate. The Administrative Agent shall have received the a Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of Holdings, in which certificate Holdings shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respects. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been duly executed and delivered by a Responsible Officer of the requisite parties, and shall be in full force and effectBorrower.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent Agents shall have received the Closing Date Certificate, dated as of the Closing Date and duly executed and delivered by an Authorized Officer of HoldingsACT, in which certificate Holdings ACT shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries each such Borrower as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectscorrect. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effectArrangers.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificatea certificate, dated as of the Closing Date and (the “Closing Date Certificate”), substantially in the form of Exhibit H, duly executed and delivered by an Authorized a Responsible Officer of Holdings, in which certificate Holdings shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries as of such date, and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectsBorrower. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate Certificate, if any, shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 1 contract
Closing Date Certificate. The Administrative Agent shall have received the Closing Date Certificate, dated as the date of the Closing Date and initial Credit Extension, duly executed and delivered by an Authorized Officer of Holdingsthe Borrower, in which certificate Holdings the Borrower shall agree and acknowledge that the statements made therein shall be deemed to be true and correct representations and warranties of Holdings and its Subsidiaries the Borrower made as of such date, date that are true and correct in all material respects and, at the time each such certificate is delivered, such statements shall in fact be true and correct in all material respectscorrect. All documents and agreements (including the Transaction Documents) required to be appended to the Closing Date Certificate shall be in form and substance reasonably satisfactory to the Administrative Agent, shall have been executed and delivered by the requisite parties, and shall be in full force and effect.
Appears in 1 contract
Sources: Credit Agreement (Prosource Inc)