No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit and Notice of Continuation/Conversion submitted by the Borrower, hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereof, that the conditions in this Section 4.02 are satisfied.
Appears in 3 contracts
Samples: Credit Agreement (Schuler Homes Inc), Credit Agreement (Schuler Homes Inc), Credit Agreement (Schuler Residential Inc)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing Borrowing, continuation, conversion or continuation or conversionissuance. Each Notice of Borrowing, Notice of Swing-Swing Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of Continuation/Conversion submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice or application and as of the date of each Borrowing, continuation, conversion or issuance, as applicable, that the conditions in this Section 4.02 2.2 are satisfied.
Appears in 2 contracts
Samples: Credit Agreement (Panther Expedited Services, Inc.), Credit Agreement (Panther Expedited Services, Inc.)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of Continuation/Conversion submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice or application and as of the date of each Borrowing or continuation or conversion, as applicable, that the conditions in this Section 4.02 3.1 are satisfied.
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No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit and Notice of Continuation/Conversion submitted by the BorrowerCompany, on behalf of the Borrowers, hereunder shall constitute a representation and warranty by the Borrower Borrowers hereunder, as of the applicable effective date thereof, that the conditions in this Section 4.02 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Schuler Homes Inc)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversionissuance of such Letter of Credit. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Borrowing and Letter of Credit and Notice of Continuation/Conversion Request submitted by the Borrower, a Borrower hereunder shall constitute a representation and warranty by such Borrower and the Borrower other Borrowers hereunder, as of the applicable effective date thereofof each such notice and as of each Borrowing Date or date of issuance, as the case may be, that the conditions in this Section 4.02 SECTION 4.2 are satisfied.
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No Existing Default. No Default or Event of Default shall exist ------------------- or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of ContinuationConversion/Conversion Continuation submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice and as of each Borrowing Date or Conversion/Continuation Date, as applicable, that the conditions in this Section 4.02 4.2 are satisfied.. -----------
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No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of Continuation/Continuation/ Conversion submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice or application and as of the date of each Borrowing or continuation or conversion, as applicable, that the conditions in this Section 4.02 2.2 are satisfied.
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No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Borrowing or Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit and Notice of ContinuationConversion/Conversion Confirmation submitted by the Borrower, a Borrower hereunder shall constitute a representation and warranty by the such Borrower hereunder, as of the applicable effective date thereofof each such notice and as of each Borrowing Date, Conversion/Continuation Date or that the conditions in this Section 4.02 are satisfied.
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No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of ContinuationConversion/Conversion Continuation submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice and as of each Borrowing Date or Conversion/Continuation Date, as applicable, that the conditions in this Section 4.02 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 or Borrowing, continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of ContinuationConversion/Conversion Continuation submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice and as of the Effective Date and each Conversion/Continuation Date, as applicable, that the conditions in this Section 4.02 are have been satisfied.
Appears in 1 contract
Samples: Credit Agreement (Ferrellgas Partners Finance Corp)
No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of Continuation/Conversion submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice or application and as of the date of each Borrowing or continuation or conversion, as applicable, that the applicable conditions in this Section 4.02 4.2 are satisfied.
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No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing Borrowing, conversion or continuation or conversioncontinuation. Each Notice of Borrowing, Borrowing or Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit and Notice of ContinuationConversion/Conversion Continuation submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunderBorrower, as of the applicable effective date thereofof each such notice or request and as of the date of such Borrowing, conversion or continuation, that the conditions in this Section 4.02 are satisfied.
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No Existing Default. No Default or Event of Default shall exist or shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Conversion/Continuation and Competitive Bid Request for Issuance of Letter of Credit and Notice of Continuation/Conversion submitted by the Borrower, Borrower hereunder shall constitute a representation and warranty by the Borrower hereunder, as of the applicable effective date thereofof each such notice and as of each disbursement date or Conversion/Continuation Date, as applicable, that the conditions in this Section 4.02 SECTION 5.2 are satisfied.
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No Existing Default. No Default or Event of Default shall exist or ------------------- shall result from such Borrowing or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Conversion/Continuation and Swing Line Borrowing, Request for Issuance of Letter of Credit and Loan Notice of Continuation/Conversion submitted by the Borrower, Company hereunder shall constitute a representation and warranty by the Borrower Company hereunder, as of the applicable effective date thereofof each such notice and as of each Borrowing Date or Conversion/Continuation Date, as the case may be, that the applicable conditions in this Section 4.02 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 or continuation or conversion. Each Notice of Borrowing, Notice of Swing-Line Borrowing, Request for Issuance of Letter of Credit Borrowing and Notice of ContinuationConversion/Conversion Continuation submitted by the Borrower, Borrowers hereunder shall constitute a representation and warranty by the Borrower Borrowers hereunder, as of the applicable effective date thereofof each such notice and as of each Borrowing Date or Conversion/Continuation Date or Issuance Date, as applicable, that the conditions in this Section 4.02 5.2 are satisfied.
Appears in 1 contract
Samples: Credit Agreement (Specialty Equipment Companies Inc)