Common use of Deemed Representations Clause in Contracts

Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance of proceeds of the Loans, and each request by Borrower for, and each issuance or extension by the Issuing Bank of, a Letter of Credit, shall constitute a representation and warranty by Borrower as to the satisfaction of the conditions in clauses (2) and (3) of Section 4.02, as of both the date of such request and the date of such advance or issuance.

Appears in 2 contracts

Sources: Revolving Loan Agreement (Avalonbay Communities Inc), Revolving Loan Agreement (Avalonbay Communities Inc)

Deemed Representations. Each notice of borrowing hereunder or request by Borrower for, for the issuance of a Letter of Credit and acceptance by the Borrower of, an advance of the proceeds of such borrowing or of the Loans, and each request by Borrower for, and each issuance or extension by the Issuing Bank of, a of such Letter of Credit, Credit shall constitute a representation and warranty by Borrower as to that the satisfaction of the conditions statements contained in clauses (2) Section 5.02 are true and (3) of Section 4.02, as of correct both on the date of such notice or request and and, unless such Borrower otherwise notifies the Agent prior to such borrowing or such issuance, as of the date of such advance borrowing or such issuance.

Appears in 2 contracts

Sources: Credit Agreement (Daka International Inc), Credit Agreement (Daka International Inc)

Deemed Representations. Each request by Borrower for, for a Loan and acceptance by the Borrower of, an advance of proceeds of the Loans, proceeds thereof and each notice of a request by Borrower for, and each for the issuance or extension by the Issuing Bank of, of a Facility Letter of Credit, Credit and the issuance thereof shall constitute a representation of warranty that the statements contained in Section 4.02(a) hereof are true and warranty by Borrower as to the satisfaction of the conditions in clauses (2) and (3) of Section 4.02, as of correct both on the date of such request and notice and, unless the Borrower otherwise notifies the Agent prior to such Borrowing, as of the date of such advance Loan or issuanceissuance of the Facility Letter of Credit.

Appears in 2 contracts

Sources: Revolving Credit and Term Loan Agreement (Hardinge Inc), Revolving Credit and Term Loan Agreement (Hardinge Inc)

Deemed Representations. Each notice of borrowing or request by Borrower for, for the issuance of a Letter of Credit hereunder and acceptance by any Borrower of, an advance of the proceeds of such borrowing or the Loans, and each request by Borrower for, and each issuance or extension by the Issuing Bank of, a benefit of such Letter of Credit, Credit shall constitute a representation and warranty by Borrower as to that the satisfaction of the conditions statements contained in clauses (2Section 4.02(a) are true and (3) of Section 4.02, as of correct both on the date of such notice or request and and, unless the Borrowers otherwise notify the Bank prior to such borrowing or such issuance, as of the date of such advance borrowing or such issuance.

Appears in 1 contract

Sources: Credit Agreement (Farrel Corp)

Deemed Representations. Each request by Borrower forfor an Advance, a Term Loan, an issuance of a Letter of Credit or a request for a Swing Line Loan and acceptance by Borrower of, an advance of proceeds the Borrowers of the Loans, and each request by Borrower for, and each issuance or extension by the Issuing Bank of, a Letter of Credit, proceeds thereof shall constitute a representation and warranty by Borrower as to that the satisfaction of the conditions statements contained in clauses (2) SECTION 3.2 and/or 3.3 are true and (3) of Section 4.02, as of correct both on the date of such request and notice and, unless the Borrowers otherwise notify the Administrative Agent prior to such borrowing, as of the date of such advance borrowing or issuance.

Appears in 1 contract

Sources: Credit Agreement (Interlogix Inc)

Deemed Representations. Each request by Borrower for, and acceptance by Borrower of, an advance notice of proceeds a Loan or submission to the Agent of the Loans, and each request by Borrower for, and each issuance or extension by the Issuing Bank of, a Letter of CreditCredit application, and the acceptance by the Borrower of the proceeds thereof or the issuance of such Letter of Credit shall constitute a representation and warranty by Borrower as to that the satisfaction of the conditions statements contained in clauses (2) Section 5.2 are true and (3) of Section 4.02, correct as of both the date of such request and Loan or the date issuance of such advance or issuanceLetter of Credit.

Appears in 1 contract

Sources: Revolving Credit Agreement (Schein Henry Inc)