Common use of Agreements and Other Documents Clause in Contracts

Agreements and Other Documents. As of the Closing Date, such Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, each of which is listed in Disclosure Schedule (3.22): (a) supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such Credit Party and its Subsidiaries, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien granted by such Credit Party or Subsidiary with respect thereto.

Appears in 2 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

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Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided made available to Administrative Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is are listed in Disclosure Schedule on DISCLOSURE SCHEDULE (3.22): (a) supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and or documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien security interest granted by such Credit Party or Subsidiary with respect thereto; and (e) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services Inc)

Agreements and Other Documents. As of the Closing Effective Date, such each Credit ------------------------------ Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are it is subject, each of which is are listed in on Disclosure Schedule (3.22): (a) -------------------------- supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its Parties or their Subsidiaries, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and or documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien security interest granted by such Credit Party or Subsidiary with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is are listed in on Disclosure Schedule (3.22): (a) supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) the letter of understanding with Xxxx-Xxxxx Stores, Inc.; all material sales agreements; leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien granted by such Credit Party or Subsidiary with respect thereto; and instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Gibson Greetings Inc)

Agreements and Other Documents. As of the Closing Date, such each ------------------------------ Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are it is subject, each of which is are listed in on Disclosure ---------- Schedule (3.22): (a) supply agreements and purchase agreements not --------------- terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its Parties or their Subsidiaries, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and or documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien security interest granted by such Credit Party or Subsidiary with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Agreements and Other Documents. As of the Closing Date, such Credit Party has provided to each Co-Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, each of which is listed in Disclosure Schedule (3.22): (a) supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 60 days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such Credit Party and its Subsidiaries, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien granted by such Credit Party or Subsidiary with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Western Digital Corp)

Agreements and Other Documents. As of the Closing Effective Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or accurate summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is listed in Disclosure Schedule (3.22): (a) without duplication of the agreements or documents provided as of the Closing Date: supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary in excess of such Credit Party $500,000 and any Lien granted by such Credit Party or Subsidiary with respect thereto; and instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Roller Bearing Co of America Inc)

Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which it or, to its knowledge, any of them are subjectManaged Practice, is subject and each of which is are listed in on Disclosure Schedule (3.223.20): (a) supply agreements and purchase provider agreements not terminable by such Credit Party Person or any Subsidiary of such Credit Party Managed Practice within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary Person and involving transactions in excess of $1,000,000 10,000,000 per annum; (b) leases any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 1,000,000 per annum; (c) licenses and permits held by such any of the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and or documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien security interest granted by such any Credit Party or Subsidiary with respect thereto; (e) all Service Agreements to which it is or is to become a party; and (f) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of any Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Radiologix Inc)

Agreements and Other Documents. As of the Closing Effective Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or accurate summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is listed in Disclosure Schedule (3.22): (a) without duplication of the agreements or documents provided as of the Original Closing Date: supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary in excess of such Credit Party $500,000 and any Lien granted by such Credit Party or Subsidiary with respect thereto; and instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Roller Bearing Co of America Inc)

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Agreements and Other Documents. As of the Closing Date, such each ------------------------------ Credit Party has provided to Administrative Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, is subject and each of which is are listed in on Disclosure Schedule (3.22): (a) supply agreements and purchase agreements not -------------------------- terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum; (b) leases any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and or documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien security interest granted by such Credit Party or Subsidiary with respect thereto; and (e) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party (other than Parent).

Appears in 1 contract

Samples: Credit Agreement (Bon Ton Stores Inc)

Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is are listed in on Disclosure Schedule (3.22): (a) supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 250,000 per annum; (b) leases any lease of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 100,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and or documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien security interest granted by such Credit Party or Subsidiary with respect thereto; and (e) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Verdant Brands Inc)

Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, access to or accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is listed in Disclosure Schedule (3.22): (a) 5.17: supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 sixty (60) days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annum, other than contracts with customers entered into in the ordinary course of business consistent with past practices; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could reasonably be reasonably likely expected to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien granted by such Credit Party or Subsidiary with respect thereto; and instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Comfort Systems Usa Inc)

Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are it is subject, each of which is listed in Disclosure Schedule DISCLOSURE SCHEDULE (3.22): (a) supply agreements and purchase agreements not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 60 days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 per annumPER ANNUM; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 per annumPER ANNUM; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien granted by such Credit Party or Subsidiary with respect thereto; and (e) instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Track N Trail Inc)

Agreements and Other Documents. As of the Closing Date, such each Credit Party has provided to Agent or its counsel, on behalf of Lenders, accurate and complete copies (or summaries) of all of the following agreements or documents to which any of them are subject, it is subject and each of which is listed in Disclosure Schedule (3.22): (a) supply agreements and purchase agreements (excluding Capital Lease obligations) not terminable by such Credit Party or any Subsidiary of such Credit Party within 90 60 days following written notice issued by such Credit Party or Subsidiary and involving transactions in excess of $1,000,000 500,000 per annum; (b) leases of Equipment having a remaining term of one year or longer and requiring aggregate rental and other payments in excess of $500,000 100,000 per annum; (c) licenses and permits held by such the Credit Party and its SubsidiariesParties, the absence of which could be reasonably likely to have a Material Adverse Effect; and (d) instruments and documents evidencing any Indebtedness or Guaranteed Indebtedness of such Credit Party or any Subsidiary of such Credit Party and any Lien granted by such Credit Party or Subsidiary with respect thereto; and instruments and agreements evidencing the issuance of any equity securities, warrants, rights or options to purchase equity securities of such Credit Party.

Appears in 1 contract

Samples: Credit Agreement (Carmike Cinemas Inc)

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