Each Additional Loan. At the time of making any Loans (including conversions or renewals of existing Loans) or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowings: the representations and warranties contained in Article 6 and any certificates delivered by any of the Companies after the Closing Date shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations, warranties and certifications had been made on and as of such date (except representations, warranties and certifications which expressly relate solely to an earlier date or time, which representations, warranties and certifications shall be true and correct on and as of the specific dates or times referred to therein or made), and the Borrower shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the Loans shall not contravene any Law applicable to the Borrower or any of the Banks; and the Borrower shall have delivered to the Agent a duly executed and completed Loan Request or application for a Letter of Credit as the case may be.
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Sources: Senior Secured Credit Agreement (Federated Investors Inc /Pa/), Senior Secured Credit Agreement (Federated Investors Inc /Pa/)
Each Additional Loan. At the time of making any Loans (including conversions or renewals of existing Loans) or issuing any Letters Letter of Credit Credit, other than any Loans made or Letters of Credit issued on the Closing Effective Date hereunder (or the Subsequent Effective Date), and after giving effect to the proposed borrowings: the representations and warranties of the Borrowers contained in Article 6 and any certificates delivered by any of the Companies after the Closing Date VI shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations, representations and warranties and certifications had been made on and as of such date (except representations, representations and warranties and certifications which expressly relate solely to an earlier date or time, which representations, representations and warranties and certifications shall be true and correct on and as of the specific dates or times referred to therein or madetherein), and the Borrower shall have performed and complied with all covenants and conditions hereof; no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the such Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the Borrower Company or any of its Subsidiaries, any Agent or any of the BanksLenders; and the Borrower Company shall have delivered to the Administrative Agent a duly executed and completed Loan Request or Request; and the Company shall have delivered to the Issuing Bank a duly executed and completed application for a Letter of Credit as the case may beCredit.
Appears in 1 contract
Sources: Credit Agreement (Borders Group Inc)
Each Additional Loan. At the time of making any Loans (including conversions or renewals of existing Loans) or issuing any Letters of Credit other than Loans made or Letters of Credit issued on the Closing Date hereunder and after giving effect to the proposed borrowingsextensions of credit: the representations and warranties of the Loan Parties contained in Article Section 6 and any certificates delivered by any of in the Companies after other Loan Documents, including the Closing Date Schedules thereto, shall be true on and as of the date of such additional Loan or Letter of Credit with the same effect as though such representations, representations and warranties and certifications had been made made, and such Schedules delivered, on and as of such date (except representations, representations and warranties and certifications which expressly relate solely to an earlier date or time, which representations, representations and warranties and certifications shall be true and correct on and as of the specific dates or times referred to therein or made), therein) and the Borrower Loan Parties shall have performed and complied with all covenants and conditions hereof; , no Event of Default or Potential Default shall have occurred and be continuing or shall exist; the making of the Loans or issuance of such Letter of Credit shall not contravene any Law applicable to the Borrower any Loan Party or Subsidiary of any Loan Party or any of the Banks; and the Borrower shall have delivered to the Agent a duly executed and completed Loan Request or application for a Letter of Credit as the case may be.
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