No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 12 contracts
Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp), Year Credit Agreement (Mgic Investment Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or continuation or conversion. Each Notice of Borrowing and Notice of Conversion/Continuation submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Conversion/Continuation Date, as applicable, that the conditions in this Section 4.2 4.02 are satisfied.
Appears in 8 contracts
Samples: Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or continuation or conversion. Each Notice of Borrowing and Notice of Conversion/Continuation and Competitive Bid Request submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date or Conversion/Continuation Date, as applicable, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 6 contracts
Samples: Day Revolving Credit Agreement (Deluxe Corp), Day Revolving Credit Agreement (Deluxe Corp), Day Revolving Credit Agreement (Deluxe Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or Issuance. Each Notice of Borrowing and L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 4.2 5.02 are satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Sierra Health Services Inc), Credit Agreement (Sierra Health Services Inc)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or Issuance. Each Notice of Borrowing submitted by a Borrower hereunder and each L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 4.2 5.02 are satisfied.
Appears in 5 contracts
Samples: Credit Agreement (Oshkosh Corp), Credit Agreement (Oshkosh Truck Corp), Credit Agreement (Oshkosh Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or continuation or conversion or Issuance. Each Notice of Borrowing Borrowing, L/C Application or L/C Amendment Application submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Issuance Date, as applicable, that the conditions in this Section 4.2 5.02 are satisfied.
Appears in 5 contracts
Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (International Alliance Services Inc), Credit Agreement (Waterlink Inc)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing and Competitive Bid Request submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in this Section 4.2 4.02 are satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Albertsons Inc /De/), Credit Agreement (Louisiana Pacific Corp), Credit Agreement (Albertsons Inc /De/)
No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing and Competitive Bid Request submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice or request and as of each the applicable Borrowing Date, that the conditions in this Section 4.2 are satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Smith a O Corp), Credit Agreement (Smith a O Corp), Credit Agreement (Cotter & Co)
No Existing Default. No Default or Event of Default shall exist or ------------------- shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder hereunder, and each making of a Borrowing by the Company, shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Compaq Computer Corp), Revolving Credit Agreement (Compaq Computer Corp), Revolving Credit Agreement (Compaq Computer Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company such Borrower hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Nuveen John Company), Assignment and Acceptance Agreement (Nuveen John Company)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing and Competitive Bid Request submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, Date that the conditions in Section 4.2 are satisfied.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Applied Power Inc), Multicurrency Credit Agreement (Applied Power Inc)
No Existing Default. No Default or Event of Default shall exist or ------------------- shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower's Designee hereunder shall constitute a representation and warranty by the Company hereunderBorrower's Designee and the Borrower (for itself and the Guarantors jointly and severally as to themselves and their respective subsidiaries), as of the date of each such notice and as of each Borrowing Date, Date that the conditions in this Section 4.2 5.2 are satisfied.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Johns Manville Corp /New/), Credit Agreement (Johns Manville International Group Inc)
No Existing Default. No Potential Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderCompany, as of the date of each such notice and as of each the Borrowing DateDate relating thereto, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Kmart Corp), Assignment and Assumption Agreement (Kmart Corp)
No Existing Default. No Default or Event of Default shall exist exists or shall would result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder hereunder, and each making of a Borrowing by the Company, shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Compaq Computer Corp), Assignment and Acceptance Agreement (Compaq Computer Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderhereunder that, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 2 contracts
Samples: Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx), Reducing Revolving Credit Agreement (Cinemark Usa Inc /Tx)
No Existing Default. No Default or Event of Default shall exist ------------------- or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, Date that the conditions in this Section 4.2 4.02 are satisfied.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Micron Technology Inc), Security Agreement (Micron Technology Inc)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, hereunder as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 are 4.02 have been satisfied.. Continuations and conversions of Loans do not require the Company to make representations and warranties contained in Article V.
Appears in 2 contracts
Samples: Credit Agreement (United Artists Theatre Co), Credit Agreement (United Artists Theatre Co)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or continuation or conversion. Each Notice of Borrowing and Notice of Conversion/Continuation submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date or Conversion/Continuation Date, as applicable, that the conditions in this Section 4.2 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Specialty Equipment Companies Inc), Credit Agreement (Western Multiplex Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder hereunder, and each making of a Borrowing by the Company, shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Compaq Dallas Inc), Revolving Credit Agreement (Compaq Dallas Inc)
No Existing Default. No Default default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in this Section 4.2 7.2 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Albertsons Inc /De/), Credit Agreement (Albertsons Inc /De/)
No Existing Default. No Event of Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company applicable Borrower hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Phoenix Companies Inc/De), Credit Agreement (Phoenix Companies Inc/De)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice or request and as of each Borrowing Date, Date that the conditions in this Section 4.2 4.3 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Gentle Dental Service Corp), Credit Agreement (Gentle Dental Service Corp)
No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice or request and as of each the applicable Borrowing Date, that the conditions in Section this SECTION 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing and Competitive Bid Request submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company such Borrower hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in this Section 4.2 4.02 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrowers hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in Section this SECTION 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Event of Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from the making of such Borrowing. Loan; and Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 4.02 are satisfied.
Appears in 1 contract
No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such BorrowingLoan. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice or request and as of each Borrowing Datethe date of the applicable Borrowing, that the conditions in this Section 4.2 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Truserv Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or such continuation or conversion. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, Date that the conditions in this Section 4.2 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (National Surgery Centers Inc \De\)
No Existing Default. No Default or Event of Default shall exist exists or shall would result from such Borrowing. .Each Notice of Borrowing submitted by the Company hereunder hereunder, and each making of a Borrowing by the Company, shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in Section 4.2 4.02 are satisfied.. Article V
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or issuance of such Letter of Credit. Each Notice of Borrowing and Letter of Credit Request submitted by the Company a Borrower hereunder shall constitute a representation and warranty by such Borrower and the Company other Borrowers hereunder, as of the date of each such notice and as of each Borrowing DateDate or date of issuance, as the case may be, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or issuance. Each Notice of Borrowing submitted by the a Company hereunder shall constitute a representation and warranty by the such Company hereunder, as of the date of each such notice and as of the date of each Borrowing Dateborrowing or issuance, as applicable, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 1 contract
No Existing Default. No Event of Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company Parent hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice and as of each Borrowing DateDate or date of issuance, as the case may be, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
Samples: Term Credit Agreement (Schawk Inc)
No Existing Default. No Default or Event of Default shall exist ------------------- or shall result from such Borrowing. Each Notice of Borrowing and Competitive Bid Request submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, Date that the conditions in Section 4.2 5.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each The Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each the Borrowing Date, Date that the conditions in this Section 4.2 5.02 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Hanger, Inc.)
No Existing Default. No Event of Default or Unmatured Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice and as of each the applicable Borrowing Date, that the conditions in this Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Loan or the related Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 4.02 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Safeco Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice or request and as of each Borrowing Date, Date that the conditions in this Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, hereunder as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 are 4.3 have been satisfied.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingBorrowing or issuance of such Letter of Credit. Each Notice of Borrowing and Letter of Credit Request submitted by the Company a Borrower hereunder shall constitute a representation and warranty by the Company Borrowers hereunder, as of the date of each such notice and as of each Borrowing DateDate or date of issuance, as the case may be, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date, Date that the conditions in this Section 4.2 5.02 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Waterlink Inc)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.,
Appears in 1 contract
Samples: Credit Agreement (Berkley W R Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. ; and Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Pma Capital Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing and Competitive Bid Request submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice or request and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 4.03 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderhereunder that, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company Borrower hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Fidelity National Financial Inc /De/)
No Existing Default. No Default or Event of Default shall exist or shall result from such BorrowingLoan. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunder, as of the date of each such notice and as of each Borrowing Date, that the conditions in this Section 4.2 3.02 are satisfied.
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company hereunderBorrower hereunder that, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 are satisfied.
Appears in 1 contract
No Existing Default. No Event of Default or Unmatured ------------------- Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company hereunder shall constitute a representation and warranty by the Company hereunderthat, as of the date of each such notice and as of each the relevant Borrowing Date, that as applicable, the conditions in this Section 4.2 are satisfied.. -----------
Appears in 1 contract
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing. Each Notice of Borrowing submitted by the Company Borrower hereunder shall constitute a representation and warranty by the Company hereunderBorrower hereunder that, as of the date of each such notice and as of each Borrowing Date, that the conditions in Section 4.2 4.02 are satisfied.
Appears in 1 contract
