Common use of Representations and Warranties; Performance of Agreements Clause in Contracts

Representations and Warranties; Performance of Agreements. The Borrower shall have delivered to the Lender an Officer's Certificate, in form and substance satisfactory to Lender, to the effect that the representations and warranties in Section 4 hereof are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Borrower shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by the Lender.

Appears in 2 contracts

Samples: Reimbursement Agreement (Buy Com Inc), Credit Agreement (Buy Com Inc)

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Representations and Warranties; Performance of Agreements. The Borrower shall have delivered to the Lender Administrative Agent an Officer's Officers’ Certificate, in form and substance satisfactory to LenderAdministrative Agent, to the effect that the representations and warranties in Section 4 hereof 5 are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Borrower shall have performed in all material respects all agreements and satisfied all conditions which that this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by the LenderAdministrative Agent; provided that where a representation and warranty, covenant or condition is qualified as to materiality, such materiality qualifier shall be disregarded for purposes of this condition.

Appears in 1 contract

Samples: Credit Agreement (Lodgenet Entertainment Corp)

Representations and Warranties; Performance of Agreements. The Borrower shall have delivered to the Lender Administrative Agent an Officer's Officers' Certificate, in form and substance satisfactory to LenderAdministrative Agent, to the effect that the representations and warranties in Section 4 5 hereof are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Parent and Borrower shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by the LenderAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CFP Holdings Inc)

Representations and Warranties; Performance of Agreements. The Borrower Company shall have delivered to the Lender Guarantors an Officer's ’s Certificate, in form and substance satisfactory to Lendereach Guarantor, to the effect that the representations and warranties in Section 4 hereof are true, correct and complete in all material respects on and as of the Closing Date date hereof to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Borrower Company shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date date hereof except as otherwise disclosed to and agreed to in writing by the Lendereach Guarantor.

Appears in 1 contract

Samples: Reimbursement Agreement (Buy Com Inc)

Representations and Warranties; Performance of Agreements. The Borrower shall have delivered to the Lender Administrative Agent an Officer's ’s Certificate, in form and substance satisfactory to LenderAdministrative Agent, to the effect that the representations and warranties in Section 4 5 hereof are true, correct and complete in all material respects on and as of the Closing Effective Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Borrower shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Effective Date except as otherwise disclosed to and agreed to in writing by the LenderAdministrative Agent and Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

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Representations and Warranties; Performance of Agreements. The Borrower shall have delivered to the Lender Administrative Agent an Officer's Certificate, in form and substance satisfactory to LenderAdministrative Agent, to the effect that the representations and warranties in Section 4 5 hereof are true, correct and complete in all material respects on and as of the Closing Effective Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Borrower shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Effective Date except as otherwise disclosed to and agreed to in writing by the LenderAdministrative Agent and Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Grand Palais Riverboat Inc)

Representations and Warranties; Performance of Agreements. The Borrower shall have delivered to the Lender Agent an Officer's Officers' Certificate, in form and substance satisfactory to LenderAgent, to the effect that the representations and warranties in Section 4 5 hereof are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the Borrower shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by the LenderAgent and Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hines Holdings Inc)

Representations and Warranties; Performance of Agreements. The Each Borrower shall have delivered to the Lender Administrative Agent an Officer's Officers' Certificate, in form and substance satisfactory to LenderAdministrative Agent, to the effect that the representations and warranties in Section 4 5 hereof are true, correct and complete in all material respects on and as of the Closing Date to the same extent as though made on and as of that date (or, to the 118 extent such representations and warranties specifically relate to an earlier date, that such representations and warranties were true, correct and complete in all material respects on and as of such earlier date) and that the such Borrower shall have performed in all material respects all agreements and satisfied all conditions which this Agreement provides shall be performed or satisfied by it on or before the Closing Date except as otherwise disclosed to and agreed to in writing by the LenderAdministrative Agent and Requisite Lenders.

Appears in 1 contract

Samples: Credit Agreement (Goss Graphic Systems Inc)

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