Common use of Incorporation of Representations and Warranties From Credit Agreement Clause in Contracts

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 45 contracts

Samples: Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Ruths Hospitality Group, Inc.), Credit Agreement (Hexcel Corp /De/)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 21 contracts

Samples: Credit Agreement (La Quinta Properties Inc), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Ruths Hospitality Group, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 14 contracts

Samples: Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Lodgenet Entertainment Corp), Credit Agreement (Lodgenet Entertainment Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 8 contracts

Samples: Credit Agreement (Horseshoe Gaming Holding Corp), Credit Agreement and Consent (Horseshoe Gaming Holding Corp), Credit Agreement (Horseshoe Gaming Holding Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 7 contracts

Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Central Garden & Pet Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 6 contracts

Samples: Credit Agreement, Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 6 contracts

Samples: Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are incorporated herein by this reference and are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 5 contracts

Samples: Credit Agreement and Consent (Joy Global Inc), Credit Agreement (Joy Global Inc), Credit Agreement (Joy Global Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that daterespects, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 5 contracts

Samples: Credit Agreement (Equity Marketing Inc), Credit Agreement (Equity Marketing Inc), Credit Agreement (Equity Marketing Inc)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that such date, except representations and warranties solely to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 5 contracts

Samples: Senior Secured Credit Agreement (Aimco Properties Lp), Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Apartment Investment & Management Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, such date (except to the extent such representations and warranties specifically relate expressly refer to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date).

Appears in 4 contracts

Samples: Security Agreement (Ditech Communications Corp), Credit Agreement (Ditech Corp), Credit Agreement (Ditech Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Waiver Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 4 contracts

Samples: Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc), Credit Agreement (Las Vegas Sands Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 4 contracts

Samples: Credit Agreement (Network Commerce Inc), Credit Agreement (Coinstar Inc), Credit Agreement (Network Commerce Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 4 contracts

Samples: Credit Agreement (Covanta Energy Corp), Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (Alliance Imaging Inc /De/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except Section 5.5 and other representations and warranties solely to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 3 contracts

Samples: Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Apartment Investment & Management Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Pledge and Security Agreement (Overhill Farms Inc), Credit Agreement (Overhill Farms Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except to the extent that such representations and warranties specifically relate to an earlier date, in which case they were are true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (National Education Corp), Credit Agreement (National Education Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Transportation Technologies Industries Inc), Lien Credit Agreement (Transportation Technologies Industries Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Possession Credit Agreement (Intermet Corp), Possession Credit Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eighth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Arris Group Inc), Covanta Energy Corp

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Agreement (Intermet Corp), Credit and Participation Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit and Participation Agreement (Covanta Energy Corp), Credit and Participation Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Possession Credit Agreement (Intermet Corp), Security Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date and on and as of the date of the execution of this Amendment by Borrowers to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Hines Horticulture Inc), Credit Agreement (Hines Horticulture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that such date, except representations and warranties solely to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Aimco Properties Lp), Credit Agreement (Aimco Properties Lp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date hereof and the Amendment Effective Date (as defined below) to the same extent as though made on and as of that datesuch dates, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Brand Intermediate Holdings Inc), Credit Agreement (Brand Intermediate Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement and the Amended Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Advantica Restaurant Group Inc), Credit Agreement (Advantica Restaurant Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 2 contracts

Samples: Possession Credit Agreement (Intermet Corp), Credit and Participation Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Increased Commitments Closing Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Decrane Holdings Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date (as defined below) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Closing Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.. G.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that datethe Third Amendment Effective Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Reliance Steel & Aluminum Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement Agreement, as amended by the Sixth Amendment, are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as defined below) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Security Agreement (Wolverine Tube Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 Article 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Grant Prideco Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that date, after giving effect to any modifications to the Loan Documents on or prior to the date hereof, except to the extent such representations and warranties (including the Schedules referred to in Section 5 of the Credit Agreement) specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Stanadyne Automotive Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section Article 5 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate refer to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (CNO Financial Group, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that such date, except representations and warranties solely to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof (the "EFFECTIVE DATE") to the same extent as though made on and as of that datethe Effective Date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Reliance Steel & Aluminum Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of each of the First Amendment Effective Date and the Revolving Loan Increase Effective Date to the same extent as though made on and as of that each such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Panolam Industries International Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Closing Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Alliance Imaging Inc /De/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement and in the other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Ticketmaster Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First date hereof and the Second Amendment Effective Date to the same extent as though made on and as of that datesuch dates, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: First Lien Credit Agreement (Skilled Healthcare Group, Inc.)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Closing Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date of this Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Stater Bros Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that such date, except representations and warranties solely to the extent such representations and warranties 5 specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement 3 4 are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Stanadyne Automotive Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First effective date of this Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Accelerated Bureau of Collections Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.. [Remainder of page intentionally left blank]

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment to A&R Credit Agreement Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (DMW Worldwide Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First date of this Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Stater Bros Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Wj Communications Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that such date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Arris Group Inc)

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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eighth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Possession Credit Agreement (Intermet Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement Agreement, other than subsection 5.14, are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement and Consent (Cerplex Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.. Without limiting the generality of the foregoing, Company hereby represents and warrants that on and as of the date hereof:

Appears in 1 contract

Samples: Credit Agreement (Granite Broadcasting Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement and contained in the other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date (both before and after giving effect to this Amendment) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Hines Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date and on and as of the date of the execution of this Amendment by Borrower to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments effected hereby, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Hines Holdings Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eleventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Covanta Energy Corp

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement Agreement, other than subsection 5.14, are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement and Limited Waiver (Cerplex Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the First Amended and Restated Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Amended and Restated Credit Agreement Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Manufacturers Services LTD

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as defined below) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Regent Communications Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Revlon Inc /De/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the effective date of this First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Digitas Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement and in the other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Ticketmaster Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The After giving full effect to this Amendment and any actions taken pursuant hereto, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Calmar Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date and on and as of the date of the execution of this Amendment by Borrowers to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Hines Horticulture Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.to

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

Incorporation of Representations and Warranties From Credit Agreement. The Except as set forth on Schedule 4F attached hereto, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date November 30, 1996 to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Cerplex Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4.01 (excluding those set forth in Section 4.01(e)) of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that datethe date hereof, except as provided above or to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.. 2 (First Amendment-Long Term) 61

Appears in 1 contract

Samples: Credit Agreement (Dial Corp /New/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Seventh Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Covanta Energy Corp

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Fifth Amendment Effective Date (as defined below) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Wolverine Tube Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement and in the other Loan Documents are and will be true, correct and complete in all material respects on and as of the First Ninth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Ticketmaster Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 5.1 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent effective date of this Agreement as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Limited Waiver (Coinstar Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the First Fourth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Alliance Imaging Inc /De/)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Tenth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Possession Credit Agreement (Covanta Energy Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the First Sixth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, true and correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Integer Holdings Corp)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 6 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date date hereof to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Overhill Farms Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Foreign Currency Loan Effective Date and the Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Central Garden & Pet Company)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Ninth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true., correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Arris Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Beasley Broadcast Group Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 7 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Thane International Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier datexxxx.

Appears in 1 contract

Samples: Credit Agreement (Calmar Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Third Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (Oakley Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Eighth Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Vca Antech Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement Agreement, as amended hereby, are and will be true, correct and complete in all material respects on and as of the First Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Credit Agreement (DMW Worldwide Inc)

Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Sixth Amendment Effective Date (as hereinafter defined) to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

Appears in 1 contract

Samples: Possession Credit Agreement (Intermet Corp)

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