Deemed Representations. Each request for a Loan and acceptance by the Borrower of the proceeds thereof and each notice of a request for the issuance of a Facility Letter of Credit and the issuance thereof shall constitute a representation of warranty that the statements contained in Section 4.02(a) hereof are true and correct both on the date of such notice and, unless the Borrower otherwise notifies the Agent prior to such Borrowing, as of the date of such Loan or issuance 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 request for a Loan and acceptance by the Borrower Notice of the proceeds thereof and each notice of a Borrowing or request for the issuance of a Facility Letter of Credit hereunder and acceptance by any Borrower of the issuance thereof proceeds of such Borrowing or the benefit of such Letter of Credit shall constitute a representation of and warranty that the statements contained in Section 4.02(a) hereof 5.2 are true and correct both on the date of such notice and, unless the such Borrower otherwise notifies the Administrative Agent prior to such BorrowingBorrowing or issuance, as of the date of such Loan Borrowing or issuance of the Facility Letter of Creditissuance.
Appears in 2 contracts
Sources: Credit Agreement (Cannondale Corp /), Credit Agreement (Cannondale Corp /)
Deemed Representations. Each request for a Loan and acceptance by the Borrower of the proceeds thereof and each notice of a borrowing or request for the issuance of a Facility Letter of Credit hereunder and acceptance by any Borrower of the issuance thereof proceeds of such borrowing or the benefit of such Letter of Credit shall constitute a representation of and warranty that the statements contained in Section 4.02(a) hereof 5.02 are true and correct both on the date of such notice and, unless the such Borrower otherwise notifies the Administrative Agent prior to such Borrowingborrowing or issuance, as of the date of such Loan borrowing or issuance of the Facility Letter of Creditissuance.
Appears in 2 contracts
Sources: Credit Agreement (Micro Warehouse Inc), Credit Agreement (Micro Warehouse Inc)
Deemed Representations. Each notice of borrowing hereunder or request for the issuance of a Loan Letter of Credit and acceptance by the Borrower of the proceeds thereof and each notice of a request for such borrowing or of the issuance of a Facility such Letter of Credit and the issuance thereof shall constitute a representation of and warranty that the statements contained in Section 4.02(a) hereof 5.02 are true and correct both on the date of such notice or request and, unless the such Borrower otherwise notifies the Agent prior to such Borrowingborrowing or such issuance, as of the date of such Loan borrowing or issuance of the Facility Letter of Creditsuch issuance.
Appears in 2 contracts
Sources: Credit Agreement (Daka International Inc), Credit Agreement (Daka International Inc)
Deemed Representations. Each request for a Loan and acceptance by the Borrower of the proceeds thereof and each notice of a borrowing or request for the issuance of a Facility Letter of Credit hereunder and acceptance by any Borrower of the issuance thereof proceeds of such borrowing or the benefit of such Letter of Credit shall constitute a representation of and warranty that the statements contained in Section 4.02(a) hereof are true and correct both on the date of such notice or request and, unless the Borrower Borrowers otherwise notifies notify the Agent Bank prior to such Borrowingborrowing or such issuance, as of the date of such Loan borrowing or issuance of the Facility Letter of Creditsuch issuance.
Appears in 1 contract
Sources: Credit Agreement (Farrel Corp)