Common use of Limitation on Representations and Warranties Clause in Contracts

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the ABL Representative or the Term Debt Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or Term Debt Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or Term Debt Secured Party, as applicable, owns the ABL Obligations or Term Debt Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or Term Debt Secured Party, as applicable, has the right to assign such ABL Obligations or Term Debt Obligations, as applicable, and the assignment is duly authorized.

Appears in 2 contracts

Samples: Credit Agreement (UniTek Global Services, Inc.), Intercreditor Agreement (Smithfield Foods Inc)

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Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the ABL Representative or the Term Debt Loan Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or Term Debt Loan Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or Term Debt Loan Secured Party, as applicable, or the Borrower owns the ABL Obligations or Term Debt Loan Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or Term Debt Loan Secured Party, as applicable, has the right to assign such ABL Obligations or Term Debt Loan Obligations, as applicable, and the assignment is duly authorized.

Appears in 2 contracts

Samples: Intercreditor Agreement (Griffon Corp), Intercreditor Agreement (Global Brass & Copper Holdings, Inc.)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the ABL Representative or the Term Debt Loan Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or Term Debt Loan Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or Term Debt Loan Secured Party, as applicable, owns or the Loan Parties, own the ABL Obligations or Term Debt Loan Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or Term Debt Loan Secured Party, as applicable, has the right to assign such ABL Obligations or Term Debt Loan Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Wesco International Inc)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the ABL Representative or the Term Debt Loan Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or Term Debt Loan Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or Term Debt Loan Secured Party, as applicable, owns or the Borrower own the ABL Obligations or Term Debt Loan Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or Term Debt Loan Secured Party, as applicable, has the right to assign such ABL Obligations or Term Debt Loan Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Winnebago Industries Inc)

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Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the ABL applicable Representative or the [Term Debt Loan] Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or [Term Debt Loan] Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or [Term Debt Loan] Secured Party, as applicable, owns the ABL Obligations or [Term Debt Loan] Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or [Term Debt Loan] Secured Party, as applicable, has the right to assign such ABL Obligations or [Term Debt Loan] Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Joinder Agreement (TimkenSteel Corp)

Limitation on Representations and Warranties. Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the any ABL Representative or the Term Debt Fixed Asset Representative, as applicable) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or Term Debt Fixed Asset Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or Term Debt Fixed Asset Secured Party, as applicable, owns or the Borrower own the ABL Obligations or Term Debt Fixed Asset Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or Term Debt Fixed Asset Secured Party, as applicable, has the right to assign such ABL Obligations or Term Debt Fixed Asset Obligations, as applicable, and the assignment is duly authorized.

Appears in 1 contract

Samples: Intercreditor Agreement (Winnebago Industries Inc)

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