Common use of Additional Representations, Warranties and Covenants Clause in Contracts

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, represent, warrant and covenant with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 18 contracts

Samples: Loan Agreement (Wise Metals Group LLC), Loan Agreement (Wise Metals Group LLC), Loan Agreement (Wise Metals Group LLC)

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Additional Representations, Warranties and Covenants. Borrowers Each Borrower and GuarantorsGuarantor, jointly and severally, representrepresents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders Agent or any Lender to Borrowers:

Appears in 14 contracts

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Huffy Corp)

Additional Representations, Warranties and Covenants. Borrowers Each Borrower and GuarantorsGuarantor represents, jointly warrants and severally, represent, warrant and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 9 contracts

Samples: Loan and Security Agreement (Pemstar Inc), Loan and Security Agreement (Pemstar Inc), Loan and Security Agreement (Pemstar Inc)

Additional Representations, Warranties and Covenants. Borrowers Borrower represents, warrants and Guarantors, jointly and severally, represent, warrant and covenant covenants with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders Lender to BorrowersBorrower:

Appears in 8 contracts

Samples: Loan and Security Agreement (Inverness Medical Innovations Inc), Loan and Security Agreement (Inverness Medical Innovations Inc), Loan and Security Agreement (Inverness Medical Innovations Inc)

Additional Representations, Warranties and Covenants. Borrowers Each Borrower represents, warrants and Guarantors, jointly and severally, represent, warrant and covenant covenants with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders Lender to BorrowersBorrower:

Appears in 7 contracts

Samples: One Price Clothing Stores Inc, One Price Clothing Stores Inc, One Price Clothing Stores Inc

Additional Representations, Warranties and Covenants. Borrowers Borrower represents, warrants and Guarantors, jointly and severally, represent, warrant and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 6 contracts

Samples: Loan and Security Agreement (Pemstar Inc), Loan and Security Agreement (Pemstar Inc), Loan and Security Agreement (Pemstar Inc)

Additional Representations, Warranties and Covenants. Borrowers and GuarantorsEach Borrower, jointly and severally, representrepresents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing AgreementsLoan Documents, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 6 contracts

Samples: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, Guarantors represent, warrant and covenant with and to Agent and Lenders Lender as follows, which representations, warranties and covenants, together with the representations, warranties and covenants in the other Financing Agreements, are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders Lender to Borrowers:

Appears in 6 contracts

Samples: Loan and Security Agreement (Farmer Brothers Co), Loan and Security Agreement (Farmer Brothers Co), Loan and Security Agreement and Waiver (Farmer Brothers Co)

Additional Representations, Warranties and Covenants. Borrowers In addition to the continuing representations, warranties and Guarantorscovenants heretofore or hereafter made by each Borrower and Guarantor to Agent and Lenders pursuant to the other Financing Agreements, each Borrower and Guarantor hereby jointly and severallyseverally represents, represent, warrant warrants and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, hereof and shall be incorporated into and made a part of the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 6 contracts

Samples: Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack)

Additional Representations, Warranties and Covenants. Borrowers Borrower represents, warrants and Guarantors, jointly and severally, represent, warrant and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders (or Agent on behalf of Lenders) to BorrowersBorrower:

Appears in 5 contracts

Samples: Loan and Security Agreement (Trailer Bridge Inc), Term Loan and Security Agreement (Trailer Bridge Inc), Loan and Security Agreement (Trailer Bridge Inc)

Additional Representations, Warranties and Covenants. Borrowers Borrower and Guarantorseach Guarantor represents, jointly warrants and severally, represent, warrant and covenant covenants with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans or Letter of Credit Accommodations by Lenders Lender to BorrowersBorrower:

Appears in 5 contracts

Samples: Loan and Security Agreement (Hirsch International Corp), Loan and Security Agreement (Hirsch International Corp), Loan and Security Agreement (Hirsch International Corp)

Additional Representations, Warranties and Covenants. Borrowers Borrower and Guarantors, each hereby jointly and severallyseverally represents, represent, warrant warrants and covenant with and covenants to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans loans and providing other financial accommodations by Lenders Lender to BorrowersBorrower:

Appears in 4 contracts

Samples: Consent And (Health Fitness Corp /Mn/), Loan and Security Agreement (Health Fitness Corp /Mn/), Loan and Security Agreement (Health Fitness Corp /Mn/)

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, represent, warrant warrants and covenant with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders Agent to Borrowers:

Appears in 4 contracts

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp)

Additional Representations, Warranties and Covenants. In addition to the continuing representations, warranties and covenants heretofore or hereafter made by Borrowers and Guarantors to Agent and Lenders pursuant to the other Financing Agreements, each of Borrowers and Guarantors, jointly and severally, representhereby represents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, follows (which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, hereof and shall be incorporated into and made a part of the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:):

Appears in 4 contracts

Samples: Loan and Security Agreement (J Crew Operating Corp), Loan and Security Agreement (J Crew Group Inc), Loan and Security Agreement (J Crew Group Inc)

Additional Representations, Warranties and Covenants. Borrowers In addition to the continuing representations, warranties and Guarantorscovenants heretofore or hereafter made by each Borrower and Guarantor to Lender pursuant to the other Financing Agreements, each Borrower and Guarantor hereby jointly and severallyseverally represents, represent, warrant warrants and covenant covenants with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, hereof and shall be incorporated into and made a part of the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 3 contracts

Samples: Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack), Loan and Security Agreement (Pep Boys Manny Moe & Jack)

Additional Representations, Warranties and Covenants. Borrowers Each of Borrower and GuarantorsGuarantor, jointly and severally, representrepresents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to BorrowersBorrower:

Appears in 3 contracts

Samples: Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (Hhgregg, Inc.), Loan and Security Agreement (Gregg Appliances Inc)

Additional Representations, Warranties and Covenants. In addition to the continuing representations, warranties and covenants heretofore or hereafter made by Borrowers and Guarantors to Agent and Lenders pursuant to the other Loan Documents, each of Borrowers and Guarantors, jointly and severally, representhereby represents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, follows (which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, hereof and the truth shall be incorporated into and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being made a continuing condition part of the making of Loans by Lenders to Borrowers:Loan Documents):

Appears in 3 contracts

Samples: Forbearance Agreement (Summit Global Logistics, Inc.), Loan Agreement (Summit Global Logistics, Inc.), Loan Agreement (Summit Global Logistics, Inc.)

Additional Representations, Warranties and Covenants. Borrowers Each Borrower and GuarantorsGuarantor represents, jointly warrants and severally, represent, warrant and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Agent and Lenders to Borrowers:

Appears in 3 contracts

Samples: Loan and Security Agreement (Doe Run Resources Corp), Loan and Security Agreement (Doe Run Resources Corp), Loan and Security Agreement (Doe Run Resources Corp)

Additional Representations, Warranties and Covenants. Borrowers Borrower represents, warrants and Guarantors, jointly and severally, represent, warrant and covenant covenants with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans any and all Advances by Lenders Lender to BorrowersBorrower:

Appears in 2 contracts

Samples: Chatwins Group Inc, Chatwins Group Inc

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Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, represent, warrant and covenant with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders (or Agent on behalf of Lenders) to Borrowers:

Appears in 2 contracts

Samples: Loan and Security Agreement (Loud Technologies Inc), Loan and Security Agreement (Loud Technologies Inc)

Additional Representations, Warranties and Covenants. In addition to the continuing representations, warranties and covenants heretofore or hereafter made by Borrowers and GuarantorsGuarantors to Agent and Lenders pursuant to the other Financing Agreements, each of Borrowers and Guarantors (including Madewell), jointly and severally, representhereby represents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, follows (which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, hereof and shall be incorporated into and made a part of the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:):

Appears in 2 contracts

Samples: Loan and Security Agreement (J Crew Group Inc), Loan and Security Agreement (J Crew Group Inc)

Additional Representations, Warranties and Covenants. Borrowers Each Borrower and GuarantorsGuarantor represents, jointly warrants and severallycovenants with, represent, warrant to and covenant with and to in favor of Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a condition of the effectiveness of this Amendment and a continuing condition of the making or providing of any Revolving Loans or Letters of Credit by Agent and Lenders to Borrowers:

Appears in 2 contracts

Samples: Loan and Security Agreement (New York & Company, Inc.), Loan and Security Agreement (New York & Company, Inc.)

Additional Representations, Warranties and Covenants. Borrowers and GuarantorsEach Borrower, jointly and severally, representrepresents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 1 contract

Samples: Loan and Security Agreement (New York & Company, Inc.)

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, represent, warrant and covenant with and to Agent and Lenders as follows, which representations, warranties and covenants covenants, are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders (or Agent on behalf of Lenders) to Borrowers:

Appears in 1 contract

Samples: Loan and Security Agreement (Loud Technologies Inc)

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, severally represent, warrant and covenant with and to Agent and Lenders Lender as follows, which representationsrepresenta tions, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of any and all Loans by Lenders Lender to Borrowers:

Appears in 1 contract

Samples: Reunion Industries Inc

Additional Representations, Warranties and Covenants. Borrowers Each of Borrower and GuarantorsGuarantor, jointly and severally, representrepresents, warrant warrants and covenant covenants with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall 758501.10 survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to BorrowersBorrower:

Appears in 1 contract

Samples: Loan and Security Agreement (Gregg Appliances Inc)

Additional Representations, Warranties and Covenants. Borrowers and GuarantorsEach Borrower, jointly and severally, representrepresents, warrant warrants and covenant covenants with and to Agent and Lenders the Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders to Borrowers:

Appears in 1 contract

Samples: Xybernaut Corp

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, Guarantors hereby jointly and severally, severally represent, warrant and covenant with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans loans and providing other financial accommodations by Lenders Lender to Borrowers:

Appears in 1 contract

Samples: Worksafe Industrial Inc

Additional Representations, Warranties and Covenants. Borrowers Borrower and Guarantors, Guarantors hereby jointly and severally, severally represent, warrant and covenant with and to Agent and Lenders Lender as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans loans and providing other financial accommodations by Lenders Lender to BorrowersBorrower:

Appears in 1 contract

Samples: Worksafe Industries Inc

Additional Representations, Warranties and Covenants. Borrowers and Guarantors, jointly and severally, Guarantors represent, warrant and covenant with and to Agent and Lenders as follows, which representations, warranties and covenants are continuing and shall survive the execution and delivery hereof, and the truth and accuracy of, or compliance with each, together with the representations, warranties and covenants in the other Financing Agreements, being a continuing condition of the making of Loans by Lenders (or Agent on behalf of Lenders) to Borrowers:

Appears in 1 contract

Samples: Loan and Security Agreement (Catalina Lighting Inc)

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