Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:
Appears in 90 contracts
Samples: Dealer Agreement (Group 1 Automotive Inc), Agreement Agreement (Group 1 Automotive Inc), Trademark Security Agreement (Consolidated Communications Holdings, Inc.)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to to, and agree with, each of the Initial Purchaser Purchasers that:
Appears in 13 contracts
Samples: Purchase Agreement (Belden Inc.), Purchase Agreement (Belden Inc.), Purchase Agreement (Landrys Restaurants Inc)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly represents and severally represent warrants to, and warrant to each Initial Purchaser agrees with, the several Purchasers that:
Appears in 9 contracts
Samples: Purchase Agreement (Wendy's/Arby's Group, Inc.), Purchase Agreement (Gulfport Energy Corp), Purchase Agreement (Gulfport Energy Corp)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, hereby represents and warrant to each Initial Purchaser warrants to, and agrees with, the Purchasers that:
Appears in 6 contracts
Samples: Purchase Agreement (Cheniere Energy Partners, L.P.), Purchase Agreement (Cheniere Energy Partners, L.P.), Purchase Agreement (Cheniere Energy Partners, L.P.)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each to, and agree with, the Initial Purchaser that:
Appears in 4 contracts
Samples: American Pacific Corp, CCI Enterprises, Inc., Armor Holdings Inc
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser to, and agree with, the several Purchasers that:
Appears in 4 contracts
Samples: Purchase Agreement (Diamondback Energy, Inc.), Purchase Agreement (Diamondback Energy, Inc.), Purchase Agreement (Diamondback Energy, Inc.)
Representations and Warranties of the Company and the Guarantors. The As of the Time of Sale, each of the Company and the Guarantors jointly and severally represent represents and warrant warrants to each Initial Purchaser that:
Appears in 4 contracts
Samples: Microchip Technology Inc, Microchip Technology Inc, Microchip Technology Inc
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each Initial Purchaser to, and agree with, the several Purchasers that:
Appears in 4 contracts
Samples: Purchase Agreement (Evergreen Energy Inc), Purchase Agreement (KCS Energy Inc), Joy Global Inc
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each Initial Purchaser that:as set forth below in this Section 1.
Appears in 4 contracts
Samples: Us Concrete Inc, Employment Agreement (Hayes Lemmerz International Inc), Technical Olympic Usa Inc
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser to, and agree with, the several Purchasers that:
Appears in 4 contracts
Samples: Purchase Agreement (United Rentals Inc /De), Purchase Agreement (United Rentals Inc /De), Purchase Agreement (United Rentals Inc /De)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, represents and warrant warrants to each Initial Purchaser that:
Appears in 3 contracts
Samples: Bread Financial Holdings, Inc., Bread Financial Holdings, Inc., Bread Financial Holdings, Inc.
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:
Appears in 3 contracts
Samples: Purchase Agreement (Avaya Inc), Purchase Agreement (Avaya Inc), Purchase Agreement (K2 Inc)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors each Guarantor, jointly and severally represent severally, represents and warrant to each Initial Purchaser warrants to, and agrees with, the several Purchasers that:
Appears in 3 contracts
Samples: Purchase Agreement (Gold Kist Inc), Purchase Agreement (Thermadyne Holdings Corp /De), PrimeWood, Inc.
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, hereby represents and warrant warrants to each Initial Purchaser that:
Appears in 3 contracts
Samples: Purchase Agreement (Hanesbrands Inc.), Hanesbrands Inc., Hanesbrands Inc.
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors Guarantors, jointly and severally severally, represent and warrant to each Initial Purchaser that:as set forth below in this Section 1.
Appears in 3 contracts
Samples: Cascades Inc, Cascades Inc, Cascades Inc
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial the Purchaser that:
Appears in 2 contracts
Samples: Registration Rights Agreement (GeoEye, Inc.), Pledge and Security Agreement (CIMPRESS PLC)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial to, and agree with, the Purchaser that:
Appears in 2 contracts
Samples: Purchase Agreement (Alion Science & Technology Corp), Purchase Agreement (Alion Science & Technology Corp)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser to, and agree with, the Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (North Coast Energy Inc / De/), Exco Resources Inc
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, represents and warrant to each Initial Purchaser warrants to, and agrees with, the several Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (Community Health Systems Inc), CVG Logistics, LLC
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly represents and severally represent warrants to, and warrant to each Initial Purchaser agrees with, the Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (Brigham Exploration Co), Purchase Agreement (Brigham Exploration Co)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to to, and agree with, each Initial Purchaser that:
Appears in 2 contracts
Samples: Purchase Agreement (Enova International, Inc.), Purchase Agreement (Enova International, Inc.)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each the Initial Purchaser that:
Appears in 2 contracts
Samples: Truven Holding Corp., Avis Budget Group, Inc.
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to warrant, and agree with each of the Initial Purchaser Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (Radiation Therapy Services Holdings, Inc.), 21st Century Oncology Holdings, Inc.
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each and agree with the Initial Purchaser thatas follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Booth Creek Ski Holdings Inc), Securities Purchase Agreement (Ski Lifts Inc)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, represents and warrant to each Initial warrants to, and agrees with, the Purchaser that:
Appears in 2 contracts
Samples: Intercreditor Agreement (Dollar Financial Corp), Intercreditor Agreement (We the People USA Inc)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors each Guarantor jointly and severally severally, represent and warrant to each Initial Purchaser that:
Appears in 2 contracts
Samples: Credit Agreement Whitestone Reit Operating (Whitestone REIT), Note Purchase and Guaranty Agreement (Whitestone REIT)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each to, and agree with, the Initial Purchaser Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (Igate Corp), Purchase Agreement (Esterline Technologies Corp)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to and agree with each of the Initial Purchaser thatPurchasers as follows:
Appears in 2 contracts
Samples: Securities Purchase Agreement (Carpenter W R North America Inc), Securities Purchase Agreement (Paxson Communications Corp)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each Initial Purchaser to, and agree with, the Purchasers that:
Appears in 2 contracts
Samples: Purchase Agreement (TransDigm Group INC), Purchase Agreement (Transdigm Inc)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each Initial Purchaser that:
Appears in 2 contracts
Samples: Purchase Agreement (Akoustis Technologies, Inc.), Credit Agreement (Semtech Corp)
Representations and Warranties of the Company and the Guarantors. The Company Company, and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:
Appears in 2 contracts
Samples: Central European Media Enterprises LTD, Central European Media Enterprises LTD
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each Initial to, and agree with, the Purchaser that:
Appears in 2 contracts
Samples: Purchase Agreement (H&E Equipment Services, Inc.), Purchase Agreement (Wca Waste Corp)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each to, and agree with, the several Initial Purchaser Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to and agree with each of the Initial Purchaser thatPurchasers as follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Unison Healthcare Corp)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each the Initial Purchaser Purchasers that:
Appears in 1 contract
Samples: Penn Virginia Corp
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each to, and agree with, the Initial Purchaser that:
Appears in 1 contract
Samples: Osullivan Industries Virginia Inc
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each to, and agree with, the several Initial Purchaser Purchasers that:
Appears in 1 contract
Samples: Purchase Agreement (Chemours Co)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly and severally represent and warrant to each Initial to, and agree with, the Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company represents and warrants to each Initial Purchaser with respect to itself and the Guarantors jointly Guarantors, and severally represent each of the Guarantors, solely with respect to itself, represents and warrant warrants to each Initial Purchaser that:
Appears in 1 contract
Samples: Russell Corp
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally represent represents and warrant to each Initial Purchaser warrants to, and agrees with, the several Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors each Guarantor, jointly and severally represent and warrant to each Initial Purchaser to, and agree with, the several Purchasers that:
Appears in 1 contract
Samples: El Paso Production Co
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, represents and warrant warrants to each the Initial Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly each Guarantor represents and severally represent warrants to, and warrant to agrees with, each Initial Purchaser that:that (at the time of signing this Agreement and the Time of Sale):
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each to, and agree with, the Initial Purchaser Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally severally, represent and warrant to each of the Initial Purchaser thatPurchasers as follows:
Appears in 1 contract
Samples: Purchase Agreement (Gothic Gas Corp)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser the following that:
Appears in 1 contract
Samples: Date of Agreement Agreement (Group 1 Automotive Inc)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors Guarantors, jointly and severally represent severally, hereby represent, warrant and warrant covenant to each Initial Purchaser thatas follows:
Appears in 1 contract
Samples: Creation Group Holdings Inc
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly represents and severally represent warrants to, and warrant to each Initial Purchaser agrees with, the several Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally represent and warrant to each the Initial Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly Guarantors, severally and severally jointly, represent and warrant to each and agree with the Initial Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly represents and severally represent warrants to and warrant to each agrees with the Initial Purchaser Purchasers that:
Appears in 1 contract
Samples: Klol License LTD Partnership
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally represent and warrant to each Initial Purchaser to, and agree with, the several Purchasers that:
Appears in 1 contract
Samples: Imax Corp
Representations and Warranties of the Company and the Guarantors. The ---------------------------------------------------------------- Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally represent and warrant to each to, and agree with, the Initial Purchaser that:
Appears in 1 contract
Samples: Calgon Carbon Corporation
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors each Guarantor jointly and severally represent and warrant to each Initial Purchaser that:
Appears in 1 contract
Samples: Asset Purchase Agreement (Concordia Healthcare Corp.)
Representations and Warranties of the Company and the Guarantors. The Company and each Guarantor represents and warrants to, and agrees with, the Guarantors jointly and severally represent and warrant to each Initial Purchaser several Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly each represents and severally represent warrants to, and warrant to each Initial Purchaser agrees with, the several Purchasers that:
Appears in 1 contract
Samples: Lear Corp /De/
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly each Guarantor represents and severally represent warrants to, and warrant to agrees with, each Initial Purchaser that:
Appears in 1 contract
Samples: Resolute Energy Corp
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors severally and jointly represents and severally represent warrants to, and warrant to each Initial Purchaser agrees with, the several Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors jointly and severally represent and warrant to each Initial Purchaser to, and agree with, the several Purchasers that:
Appears in 1 contract
Samples: Purchase Agreement (Om Group Inc)
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each Initial Purchaser that:: (a)
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Company and each of the Guarantors Guarantors, subject to the limit on maximum liability contained in the Guarantees, jointly and severally represent severally, represents and warrant warrants to each the Initial Purchaser Purchasers that:
Appears in 1 contract
Samples: Purchase Agreement (RSC Duval Inc)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly represents and severally represent and warrant warrants to each the Initial Purchaser that:
Appears in 1 contract
Samples: Employee Solutions Inc
Representations and Warranties of the Company and the Guarantors. The Company and the Guarantors jointly and severally represent and warrant to each and agree with the Initial Purchaser thatas follows:
Appears in 1 contract
Samples: Securities Purchase Agreement (Spanish Broadcasting System Inc)
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors jointly and severally represent represents and warrant to each Initial Purchaser warrants to, and agrees with, the several Purchasers that:
Appears in 1 contract
Representations and Warranties of the Company and the Guarantors. The Each of the Company and the Guarantors Guarantors, jointly and severally represent severally, represents and warrant to each Initial Purchaser warrants to, and agrees with, the Purchasers that:
Appears in 1 contract
