Common use of Repetition of representations and warranties Clause in Contracts

Repetition of representations and warranties. On and as of the date of each Advance and (except in relation to the representations and warranties in clause 7.2) on each Interest Payment Date the Borrower shall (a) be deemed to repeat the representations and warranties in clauses 7.1 (and so that representation and warranty in clause 7.1.9 shall for this purpose refer to the then latest audited financial statements delivered to the Banks under clause 8.1) and 7.2 as if made with reference to the facts and circumstances existing on such day and (b) be deemed to further represent and warrant to the Finance Parties that the then latest audited financial statements delivered to the Finance Parties have been prepared in accordance with GAAP which have been consistently applied and present fairly and accurately the financial position of each of the Borrower and the Owners as at the end of the financial period to which the same relate and the results of the operations of each of the Borrower and the Owners for the financial period to which the same relate and, as at the end of such financial period, neither the Borrower nor any Owner had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 3 contracts

Samples: Facilities Agreement (Aries Maritime Transport LTD), Facilities Agreement (Omega Navigation Enterprises, Inc.), Agreement (Aries Maritime Transport LTD)

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Repetition of representations and warranties. On and as of the date of each Advance this Agreement and so long as monies are owing (actually or contingently) by the Borrowers under this Agreement or while the Facility is available and (except in relation to the representations and warranties in clause 7.2) on each Interest Payment Date the Borrower Borrowers shall (a) be deemed to repeat the representations and warranties in clauses 7.1 (and so that representation and warranty in clause 7.1.9 shall for this purpose refer to the then latest audited financial statements delivered to the Banks under clause 8.1) and 7.2 as if made with reference to the facts and circumstances existing on such day and (b) be deemed to further represent and warrant to the Finance Parties Bank that the then latest audited consolidated financial statements of the Group delivered to the Finance Parties Bank (if any) have been prepared in accordance with GAAP the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of each of the Borrower and the Owners Group as at the end of the financial period to which the same relate and the consolidated results of the operations of each of the Borrower and the Owners Group for the financial period to which the same relate and, as at the end of such financial period, neither the Borrower AMPNI Guarantor nor any Owner other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 2 contracts

Samples: Second Supplemental Agreement (Aegean Marine Petroleum Network Inc.), Facility Agreement (Aegean Marine Petroleum Network Inc.)

Repetition of representations and warranties. On and as of the date of each Advance this Agreement and so long as monies are owing (actually or contingently) by the Borrower under this Agreement or while the Facility is available and (except in relation to the representations and warranties in clause 7.2) on each Interest Payment Date the Borrower shall (a) be deemed to repeat the representations and warranties in clauses 7.1 (and so that representation and warranty in clause 7.1.9 shall for this purpose refer to the then latest audited financial statements delivered to the Banks under clause 8.1) and 7.2 as if made with reference to the facts and circumstances existing on such day and (b) be deemed to further represent and warrant to the Finance Parties Bank that the then latest audited consolidated financial statements of the Group delivered to the Finance Parties Bank (if any) have been prepared in accordance with GAAP the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the consolidated financial position of each of the Borrower and the Owners Group as at the end of the financial period to which the same relate and the consolidated results of the operations of each of the Borrower and the Owners Group for the financial period to which the same relate and, as at the end of such financial period, neither the Borrower AMPNI Guarantor nor any Owner other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Facility Agreement (Aegean Marine Petroleum Network Inc.)

Repetition of representations and warranties. On and as of the date of each Advance Drawdown Date and (except in relation to the representations and warranties in clause 7.2) on each Interest Payment Date Date, the Borrower Borrowers shall (a) be deemed to repeat the representations and warranties in clauses 7.1 (and so that representation and warranty in clause 7.1.9 shall for this purpose refer to the then latest audited financial statements delivered to the Banks under clause 8.1) and 7.2 as if made with reference to the facts and circumstances existing on such day and (b) be deemed to further represent and warrant to each of the Finance Parties Creditors that the then latest audited financial statements delivered to the Finance Parties Agent by the Borrowers (if any) under clause 8.1.5 have been prepared in accordance with GAAP the Applicable Accounting Principles which have been consistently applied and present fairly and accurately the financial position of each the Borrowers and the consolidated financial position of the Borrower and the Owners Group, respectively, as at the end of the financial period to which the same relate and the results of the operations of each the Borrowers and the consolidated results of the Borrower and operations of the Owners Group, respectively, for the financial period to which the same relate and, as at the end of such financial period, neither the Borrower Borrowers nor the Corporate Guarantor nor any Owner other member of the Group had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Loan Agreement (Poseidon Containers Holdings Corp.)

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Repetition of representations and warranties. On and as of the date of each Advance this Agreement, the Drawdown Date and (except in relation to the representations and warranties in clause 7.2) on each Interest Payment Date the Borrower shall (a) be deemed to repeat the representations and warranties in clauses 7.1 (and so that representation and warranty in clause 7.1.9 shall for this purpose refer to the then latest audited financial statements delivered to the Banks under clause 8.1) and 7.2 as if made with reference to the facts and circumstances existing on such day and (b) be deemed to further represent and warrant to the Finance Parties that the then latest audited financial statements delivered to the Finance Parties have been prepared in accordance with GAAP which have been consistently applied and present fairly and accurately the financial position of each of the Borrower and the Owners as at the end of the financial period to which the same relate and the results of the operations of each of the Borrower and the Owners for the financial period to which the same relate and, as at the end of such financial period, neither the Borrower nor any Owner had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Agreement (Aries Maritime Transport LTD)

Repetition of representations and warranties. On and as of the date of each Advance the Drawdown Date of the Facility and (except in relation to the representations and warranties in clause 7.2) on each Interest Payment Date the Borrower shall (a) be deemed to repeat the representations and warranties in clauses 7.1 (and so that representation and warranty in clause 7.1.9 shall for this purpose refer to the then latest audited financial statements delivered to the Banks under clause 8.1) and 7.2 as if made with reference to the facts and circumstances existing on such day and (b) be deemed to further represent and warrant to the Finance Parties that the then latest audited financial statements delivered to the Finance Parties have been prepared in accordance with GAAP which have been consistently applied and present fairly and accurately the financial position of each of the Borrower and the Owners as at the end of the financial period to which the same relate and the results of the operations of each of the Borrower and the Owners for the financial period to which the same relate and, as at the end of such financial period, neither the Borrower nor any Owner had any significant liabilities (contingent or otherwise) or any unrealised or anticipated losses which are not disclosed by, or reserved against or provided for in, such financial statements.

Appears in 1 contract

Samples: Agreement (Omega Navigation Enterprises, Inc.)

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