Each Borrowing. The obligation of each Lender to make any Loan is subject to the satisfaction (or waiver in accordance with Section 9.02) of the following conditions: (a) The representations and warranties (other than those set forth in Sections 3.06 and 3.07) of the Company set forth in the Loan Documents shall be true and correct in all material respects on and as of the date of such Borrowing. (b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by the Company on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section.
Appears in 2 contracts
Sources: 364 Day Credit Agreement (Kellogg Co), 364 Day Credit Agreement (Kellogg Co)
Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Loan Borrowing, is subject to the satisfaction (or waiver in accordance with Section 9.02) of the following conditions:
(a) The representations and warranties (other than those of the Borrower set forth in Sections 3.06 and 3.07) of the Company set forth in the Loan Documents this Agreement shall be true and correct in all material respects on and as of the date of such Borrowing.
(b) At the time of and immediately after giving effect to such Borrowing, no Default shall have occurred and be continuing.
(c) The timely receipt of a Borrowing Request as required under this Agreement. Each Borrowing shall be deemed to constitute a representation and warranty by the Company Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section.
Appears in 2 contracts
Sources: Credit Agreement (Oneida LTD), Credit Agreement (Oneida LTD)
Each Borrowing. The obligation of each Lender to make a Loan on the occasion of any Loan Borrowing, is subject to the satisfaction (or waiver in accordance with Section 9.02) of the following conditions:
(a) The representations and warranties (other than those of the Borrower set forth in Sections 3.06 and 3.07) of the Company set forth in the Loan Documents this Agreement shall be true and correct in all material respects on and as of the date of such BorrowingBorrowing (or to the extent that such representations and warranties specifically refer to an earlier date, as of such earlier date).
(b) At the time of and immediately after giving effect to such Borrowing, no Default or Event of Default shall have occurred and be continuing. Each Borrowing shall be deemed to constitute a representation and warranty by the Company Borrower on the date thereof as to the matters specified in paragraphs (a) and (b) of this Section.
Appears in 2 contracts
Sources: Loan and Security Agreement (Diamond Resorts Corp), Loan and Security Agreement (Diamond Resorts Corp)