Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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 19 contracts
Samples: Credit Agreement (Danielson Holding Corp), Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 16 contracts
Samples: Credit Agreement (Danielson Holding Corp), Credit Agreement (Decrane Holdings Co), Credit Agreement (Read Rite Corp /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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 16 contracts
Samples: Credit and Guaranty Agreement (Aeroflex Holding Corp.), Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (Aeroflex Acquisition One, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 12 contracts
Samples: Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co), Credit Agreement (Quidel Corp /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 10 contracts
Samples: Credit Agreement (Decrane Holdings Co), Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Quidel Corp /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 7 contracts
Samples: Revolving Credit and Guaranty Agreement (NewPage CORP), Credit and Guaranty Agreement (Carter William Co /Ga/), Credit Agreement (Agl Resources Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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 6 contracts
Samples: Credit Agreement (World Color Press Inc /De/), Credit Agreement (World Color Press Inc /De/), Credit Agreement (World Color Press Inc /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 5 contracts
Samples: Credit Agreement (Isle of Capri Casinos Inc), Secured Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Owens Illinois Inc /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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 5 contracts
Samples: Credit Agreement (Homestake Mining Co /De/), Credit Agreement (Homestake Mining Co /De/), Credit Agreement (Homestake Mining Co /De/)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date to the same extent (as defined below) 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; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 3 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement (as expressly amended hereby) are and will be true, correct and complete in all material respects on and as of the Second 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 3 contracts
Samples: Credit Agreement (Southern California Microwave Inc), Credit Agreement (L 3 Communications Holdings Inc), Credit Agreement (L 3 Communications Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 3 contracts
Samples: Credit Agreement (Granite Broadcasting Corp), Credit Agreement (Granite Broadcasting Corp), Credit Agreement (Levi Strauss & Co)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 2 contracts
Samples: Credit and Guaranty Agreement (Vca Antech Inc), Credit and Guaranty Agreement (Vca Antech Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second First Amendment Effective Date to the same extent (as defined below) 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; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 2 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Second 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 2 contracts
Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the 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 2 contracts
Samples: Credit Agreement (Alliance Imaging Inc /De/), Credit Agreement (La Quinta Properties Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date to the same extent (as defined below) 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; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 2 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date 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 (L 3 Communications Corp), Credit Agreement (L 3 Communications Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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: Credit and Guaranty Agreement (TerraForm Power, Inc.), First Amendment (Vca Antech Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.01 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent previously disclosed in writing to Administrative Agent and Lenders or 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 (Steelcase Inc), Credit Agreement (Steelcase Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.02 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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.
Appears in 2 contracts
Samples: Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Second 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 2 contracts
Samples: Credit Agreement (Hines Holdings Inc), Credit Agreement (Hines Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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 2 contracts
Samples: Credit Agreement and Consent (Joy Global Inc), Credit Agreement and Consent (Joy Global Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Third Amendment Effective Date 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 true, correct and complete in all material respects on and as of such earlier date.
Appears in 2 contracts
Samples: Credit Agreement (Sybron Dental Specialties Inc), Credit Agreement (Sybron Dental Specialties Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Third 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), Possession Credit Agreement (Intermet Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section Article 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 (Amgen Inc), Credit Agreement (Amgen Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement Agreement, after giving effect to the amendments contained in Section 1 of this Amendment, are and will be true, correct and complete in all material respects on and as of each of the Second Amendment Effective Date Date, 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 2 contracts
Samples: Credit Agreement (L 3 Communications Holdings Inc), 364 Day Credit Agreement (L 3 Communications Holdings Inc)
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to this Amendment, the representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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 2 contracts
Samples: Credit Agreement (Propex Inc.), Credit Agreement (Beasley Broadcast Group Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 4.01 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent previously disclosed in writing to Administrative Agent and Lenders or 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: Term Credit Agreement (Steelcase Inc), Long Term Credit Agreement (Steelcase Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the 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, true and correct and complete in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 2 contracts
Samples: Temporary Waiver and Consent (On Deck Capital, Inc.), Waiver and Consent (On Deck Capital, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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 2 contracts
Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Pinkertons Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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.. G.
Appears in 1 contract
Samples: Credit Agreement (Burns International Services Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second 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, true and correct and complete in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 Second 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the Second First Amendment Effective Date (after giving effect to the amendments and waivers contained herein) 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Fourth Amendment Effective Date (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 (Pantry Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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 datedate or are amended hereby, in which case they were true, correct and complete in all material respects on and as of such earlier datedate or as amended hereby.
Appears in 1 contract
Samples: Credit Agreement (Apollo Real Estate Investment Fund Ii L P)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second Amendment No. 5 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; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement Agreement, as amended by this Amendment, are and will be true, true and correct and complete in all material respects on and as of the Second 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 1 contract
Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second date of this 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations 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
Incorporation of Representations and Warranties From Credit Agreement. The After giving effect to the amendments effected hereby, the representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Amended Agreement are and will be true, correct and complete in all material respects on and as of the Second 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Amended Agreement are true and will be true, correct and complete in all material respects on and as of the Second date hereof and the First Amendment Effective Date to the same extent as though made on and as of that dateDate, 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 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 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Samples: Credit Agreement (ACCO BRANDS Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second date of this 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second Fourth Amendment Effective Date with respect to this Amendment and the Credit Agreement as amended by 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The Borrower’s representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 3 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the 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.. G.
Appears in 1 contract
Samples: Smith Corona Corp
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second Fifth Amendment Effective Date with respect to this Amendment and the Credit Agreement as amended by 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Fourth Amendment Effective Date to the same extent as though made on and as of that datethe Fourth 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 III of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second Amendment No. 1 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 (Switch & Data Facilities Company, Inc.)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement and in any other Loan Documents are and will be true, correct and complete in all material respects on and as of the Second 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
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the 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, true and correct and complete in all material respects on and as of such earlier date.
Appears in 1 contract
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Third Amendment 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.
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Samples: Credit Agreement and Limited Waiver (Panolam Industries International Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 III of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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, true and correct and complete in all material respects on and as of such earlier date.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 III of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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.. 4
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date and/or Extension Effective Date (as applicable), 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement and in any other Loan Documents are and will be true, correct and complete in all material respects on and as of the 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are true and will be true, correct and complete in all material respects on and as of the Second Amendment No. 7 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; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Fourth 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement Agreement, after giving effect to the amendments contained in Sections 1 and 2 of this Amendment, are and will be true, correct and complete in all material respects on and as of each of the Second Amendment Effective Date Date, 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of each of the Second Amendment 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.
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Samples: Credit Agreement (Panolam Industries International Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Effective Date and the 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 (including subsection 5.22) of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Fourth 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.
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Samples: Credit and Participation Agreement (Covanta Energy Corp)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date 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 true, correct and complete in all material respects on and as of such earlier date.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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, true and correct and complete in all material respects on and as of such earlier date; provided that, in each case, such materiality qualifier shall not be applicable to any representations and warranties that already are qualified or modified by materiality in the text thereof.
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Samples: Credit and Guaranty Agreement (8point3 Energy Partners LP)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Amended Agreement are true and will be true, correct and complete in all material respects on and as of the date hereof and on the Second Amendment Effective Date to the same extent as though made on and as of that dateDate, 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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, true and correct and complete in all material respects on and as of such earlier date.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Amended Agreement are and will be true, true and correct and complete in all material respects on and as of the 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, true and correct and complete in all material respects on and as of such earlier date.
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Samples: Credit Agreement (Agl Resources Inc)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second Amendment Effective Date 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.
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Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the Second 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.
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Samples: Credit Agreement (Levi Strauss & Co)
Incorporation of Representations and Warranties From Credit Agreement. The representations and warranties contained in Section 4 Article IV of the Credit Agreement are and will be true, true and correct and complete in all material respects on and as of the Second 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.
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