Common use of No Default; Representations and Warranties Clause in Contracts

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 5 contracts

Samples: Assignment and Assumption Agreement (MMH Holdings Inc), Credit Agreement (Wheels Sports Group Inc), Credit Agreement (Styling Technology Corp)

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No Default; Representations and Warranties. At the time of the making of each such Loan and also immediately after giving effect thereto (i) there shall exist no Default or Designated Event of Default and (ii) all representations and warranties contained herein or and in the each other Credit Documents in effect at such time Loan Document shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 3 contracts

Samples: Credit Agreement (TAL International Group, Inc.), Credit Agreement (TAL International Group, Inc.), Credit Agreement (TAL International Group, Inc.)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the any other Credit Documents in effect at such time Document shall be true and correct in all material respects both before and after giving effect to such Loan with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 3 contracts

Samples: Credit Agreement (Genco Shipping & Trading LTD), Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (ia) there shall exist no Default or Event of Default and (iib) all representations and warranties made by any Credit Party contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such LoanLoan (except where such representations and warranties expressly relate to an earlier date, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on such representations and warranties shall have been true and correct in all material respects as of such other earlier date).

Appears in 3 contracts

Samples: Credit Agreement (Wki Holding Co Inc), Credit Agreement (Wki Holding Co Inc), Credit Agreement (Wki Holding Co Inc)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto thereto, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other stated to relate to a specific date earlier date, in which case on such representations and warranties shall be true and correct in all material respects as of such other earlier date.

Appears in 3 contracts

Samples: Credit Agreement (Ceres Group Inc), Credit Agreement (Universal American Financial Corp), Credit Agreement (Superior National Insurance Group Inc)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the any other Credit Documents in effect at such time Document shall be true and correct in all material respects both before and after giving effect to the making of such Loan with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 3 contracts

Samples: Credit Agreement (Baltic Trading LTD), Credit Agreement (Baltic Trading LTD), Pledge and Security Agreement (Genco Shipping & Trading LTD)

No Default; Representations and Warranties. At the time of the making of each the Term Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties made by Holdings or the Borrower contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Term Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 2 contracts

Samples: Credit Agreement (Ivax Corp /De), Credit Agreement (Carson Inc)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto to the incurrence of Loans on such date, (i) there shall exist no Default or Event of Default Default, and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making such Loan (it being understood and agreed that any representation or warranty which by its terms is made of such Loan, unless such representation a specified date shall be true and warranty expressly indicates that it is being made as of any other specific date correct in which case on and all material respects as of such other specified date).

Appears in 2 contracts

Samples: Credit Agreement (Royal Ahold), Credit Agreement (Peapod Inc)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on such date (it being understood and as of the date of the making of such Loan, unless such agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 2 contracts

Samples: Credit Agreement (Endeavour International Corp), Credit Agreement (Endeavour International Corp)

No Default; Representations and Warranties. At the time of the making of each such Loan and also immediately after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the each other Credit Documents in effect at such time Loan Document shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 2 contracts

Samples: Credit Agreement (SeaCube Container Leasing Ltd.), Credit Agreement (Seacastle Inc.)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 2 contracts

Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Life Holdings Inc)

No Default; Representations and Warranties. At the time of the making of each Loan the Loans and also after giving effect thereto thereto, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such LoanClosing Date, unless such representation and warranty expressly indicates that it is being made as of any other stated to relate to a specific date earlier date, in which case on such representations and warranties shall be true and correct in all material respects as of such other earlier date.

Appears in 2 contracts

Samples: Security Agreement (Superior National Insurance Group Inc), Agreement (Superior National Insurance Group Inc)

No Default; Representations and Warranties. At the time of the making of each ------------------------------------------ such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 2 contracts

Samples: Credit Agreement (Host Marriott Corp/Md), Credit Agreement (HMC Park Ridge LLC)

No Default; Representations and Warranties. At the time of the making of each Loan and also immediately after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time respective Notice of Borrowing shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other stated to relate to a specific date earlier date, in which case on such representations and warranties shall be true and correct in all material respects as of such other earlier date.

Appears in 2 contracts

Samples: Credit Agreement (Quaker Chemical Corp), Credit Agreement (Quaker Chemical Corp)

No Default; Representations and Warranties. At the time of the making of each Loan the Loans and also after giving effect thereto thereto, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties made by the Borrower contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such LoanLoans, unless except to the extent that such representation representations and warranty warranties expressly indicates that it is being made as of any other specific date in which case on and as of such other relate to an earlier date.

Appears in 2 contracts

Samples: Loan Agreement (Starwood Hotel & Resorts Worldwide Inc), Loan Agreement (Starwood Hotel & Resorts Worldwide Inc)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties made by any Credit Party contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Carson Inc), Securities Pledge Agreement (Carson Inc)

No Default; Representations and Warranties. At the time of the ------------------------------------------ making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties made by any Credit Party contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Credit Agreement (Carson Products Co)

No Default; Representations and Warranties. At the time of the making of each Term Loan and also after giving effect thereto thereto, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the any other Credit Documents in effect at such time Document shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Term Loans (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Neodata Services Inc)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist and be continuing no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Leading Edge Earth Products Inc)

No Default; Representations and Warranties. At the time of the making of each Loan a Loan, and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties by any Person contained herein or in the any other Credit Documents in effect at such time Loan Document shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Americold Corp /Or/)

No Default; Representations and Warranties. At the time of the making of each Loan any Loans hereunder and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loans (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Gleason Corp /De/)

No Default; Representations and Warranties. At On the time of Effective Date and after giving effect to the making of each Loan and also after giving effect thereto the Loans on such date, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on such date (it being understood and as of the date of the making of such Loan, unless such agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Trizec Properties Inc)

No Default; Representations and Warranties. At the time of the making of each ------------------------------------------ such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct complete in all material respects with the same effect as though such representations and warranties had been made on such Funding Date except for representations and as of the date of the making of such Loanwarranties expressly stated to relate to a specific earlier date, unless such representation which shall be true and warranty expressly indicates that it is being made as of any other specific date correct in which case on and all material respects as of such other date.

Appears in 1 contract

Samples: Agreement (Physician Health Corp)

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No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other stated to relate to a specific date earlier date, in which case on such representations and warranties shall be true and correct in all material respects as of such other earlier date.

Appears in 1 contract

Samples: Credit Agreement (Western Empire Publications Inc)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties of the Credit Parties and the Parent contained herein or in the any other Credit Documents in effect at such time Document shall be true and correct in all material respects both before and after giving effect to such Loan with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

No Default; Representations and Warranties. At On and as of the time of Effective Date, both before and after the making of each Loan and also after giving effect thereto the Loans, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the any other Credit Documents in effect at such time Document shall be true and correct in all material respects with the same effect as though such representations (it being understood and warranties had been made on and as of the date of the making of such Loan, unless such agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Global Assignment Agreement (Gener8 Maritime, Inc.)

No Default; Representations and Warranties. At the time of the making of each such Revolving Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Revolving Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Host Marriott Corp/Md)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto thereto, (i) there shall exist no Default or Event of Default and (ii) all representations and warranties of the Credit Parties contained herein or in the other Credit Loan Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of such Credit Event, except to the making of extent that such Loanrepresentations and warranties expressly relate to an earlier specified date, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on such representations and warranties shall have been true and correct in all material respects as of such other datethe date when made.

Appears in 1 contract

Samples: Credit Agreement

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Harrahs Entertainment Inc)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in each of the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Credit Agreement (Wells Aluminum Corp)

No Default; Representations and Warranties. At the time of the making of each Revolving Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Revolving Loan, unless such representation and warranty expressly indicates that it is being made as of any other stated to relate to a specific date earlier date, in which case on such representations and warranties shall be true and correct in all material respects as of such other earlier date.

Appears in 1 contract

Samples: Credit Agreement (Vegeterian Times Inc)

No Default; Representations and Warranties. At the time of the making of each such Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or and in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loan (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Credit Agreement (Eldertrust)

No Default; Representations and Warranties. At the time of the making of each Revolving Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Revolving Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Credit Agreement (Holley Performance Products Inc)

No Default; Representations and Warranties. At the time of the making of each Loan the Term Loans and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties made by Holdings or the Borrower contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such LoanTerm Loans, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Secured Term Loan Agreement (Carson Inc)

No Default; Representations and Warranties. At the time of Immediately before and after giving effect to the making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default hereunder shall have occurred and be continuing; and (ii) all the representations and warranties contained herein or made by the Company in the other Credit Documents in effect at such time Article V hereof shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation Loan (as the case may be) with the same force and warranty expressly indicates that it is being effect as if made as of any other specific date in which case on and as of such other date (or, if any such representation or warranty is expressly stated to have been made as of a specific date, as of such specific date).

Appears in 1 contract

Samples: Credit Agreement (Caminus Corp)

No Default; Representations and Warranties. At the time of the making of each Loan such Loans and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such Loans (it being understood and agreed that any representation and or warranty expressly indicates that it which by its terms is being made as of any other specific a specified date shall be required to be true and correct in which case on and all material respects only as of such other specified date).

Appears in 1 contract

Samples: Acknowledgment and Assumption Agreement (Vestar Capital Partners Iv Lp)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist and be continuing no Default or Event of Default and (ii) all representations and warranties contained herein or and in each of the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Revolving Credit Agreement (Urohealth Systems Inc)

No Default; Representations and Warranties. At the time of the making of each Loan and also after giving effect thereto (i) there shall exist no Default or Event of Default and (ii) all representations and warranties contained herein or in the other Credit Documents in effect at such time shall be true and correct in all material respects with the same effect as though such representations and warranties had been made on and as of the date of the making of such Loan, unless such representation and warranty expressly indicates indicate that it is being made as of any other specific date in which case on and as of such other date.

Appears in 1 contract

Samples: Credit Agreement (Styling Technology Corp)

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