Common use of Representations True; No Event of Default Clause in Contracts

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, that singly or in the aggregate would not have a Material Adverse Effect, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loan. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 2 contracts

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

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Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and any of its Affiliates Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true and correct as of the date as of which they were made and shall also be true and correct at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would do not have result in a Material Adverse Effect, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Borders Group Inc), Senior Secured Credit Agreement (Pershing Square Capital Management, L.P.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower each Loan Party and its Affiliates Subsidiaries contained in this Credit Loan Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Loan Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Term Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Loan Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Term Loan. The Administrative Agent shall have received a certificate of the Borrower Loan Parties signed by an authorized officer Responsible Officers of the Borrower Loan Parties to such effect.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Subsidiaries contained in this Credit Loan Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Loan Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Term Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Loan Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Term Loan. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 2 contracts

Samples: Term Loan Agreement (CAI International, Inc.), Term Loan Agreement (CAI International, Inc.)

Representations True; No Event of Default. Each of the ------------------------------------------- representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents Agreement or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of the Loan or the issuance, extension or renewal of such Credit Loan Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (United States Cellular Corp)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Subsidiaries, to the extent applicable, contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited and permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent Lender shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Microfluidics International Corp)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Obligors contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan or the issuance of the Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited and permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from continuing. Each of the making of such Credit Loan. The Administrative Agent Lenders shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Dollar Tree Stores Inc)

Representations True; No Event of Default. Each of the representations and warranties of any of the Parent, the Borrower and its Affiliates each of their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Bell Sports Corp)

Representations True; No Event of Default. Each of the ----------------------------------------- representations and warranties of any of the Borrower and its Affiliates Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Advance with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Value Health Inc / Ct)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower Borrowers and its Affiliates their Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such individual representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from continuing. Upon the making request of such Credit Loan. The Administrative Agent the Agent, the Borrowers shall have received delivered to the Agent a certificate of the Borrower Borrowers signed by an authorized officer officers of the Borrower Borrowers to such effect.

Appears in 1 contract

Samples: Credit Agreement (Ict Group Inc)

Representations True; No Event of Default. Each of the ----------------------------------------- representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent Bank shall have received a certificate Closing Certificate in the form of the Borrower Exhibit B hereto signed by an authorized officer officers of the Borrower to such effect.

Appears in 1 contract

Samples: Loan Agreement (Copley Pharmaceutical Inc)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Subsidiaries contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited and permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancon tinuing. The Administrative Agent Lender shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Credit Agreement (Toymax International Inc)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates contained in this Credit Loan Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Loan Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Loan Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Loan Agreement (Omnipoint Corp \De\)

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Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Outsource International Inc)

Representations True; No Event of Default. Each Subject to Sections 6.1 and 8.21, each of the representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and except to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent Lender shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Loan Agreement (Franklin Street Partners Lp)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents Agreement or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of the Loan or the issuance, extension or renewal of such Credit Loan Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Subsidiaries contained in this Credit Agreement, Agreement and the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Credit Loan or the issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default 80 or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

Representations True; No Event of Default. Each of the --------------- ---- -- ----- -- ------- representations and warranties of any of the Borrower and its Affiliates contained in this Credit Agreement, the other Loan Documents Agreement or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of the Loan or the issuance, extension or renewal of such Credit Loan Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Telephone & Data Systems Inc /De/)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Borrowers contained in this Credit Agreement, the other Loan Documents Agreement or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such the Revolving Credit Loan or at the time of the issuance of a Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower Borrowers signed by an authorized officer of each of the Borrower Borrowers to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Au Bon Pain Co Inc)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates the Guarantors contained in this Credit Agreement, the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true as of the date as of which they were made and shall also be true at and as of the time of the making of such Credit Loan Loan, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aegis Realty Inc)

Representations True; No Event of Default. Each of the representations and warranties of any of the Borrower and its Affiliates Subsidiaries contained in this Credit Agreement, Agreement and the other Loan Documents or in any document or instrument delivered pursuant to or in connection with this Credit Agreement shall be true in all material respects as of the date as of which they were made and shall also be true in all material respects at and as of the time of the making of such Credit Loan or the issuance, extension or renewal of such Letter of Credit, with the same effect as if made at and as of that time (except to the extent of changes resulting from transactions contemplated or not prohibited permitted by this Credit Agreement and the other Loan Documents and changes occurring in the ordinary course of business, in each case referred to above, business that singly or in the aggregate would are not have a Material Adverse Effectmaterially adverse, and to the extent that such representations and warranties relate expressly to an earlier date) and no Default, Default or Event of Default or Early Amortization shall have occurred and be continuing or would result from the making of such Credit Loancontinuing. The Administrative Agent shall have received a certificate of the Borrower signed by an authorized officer of the Borrower to such effect.

Appears in 1 contract

Samples: Revolving Credit Agreement (Friendly Ice Cream Corp)

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