Common use of Representations in Credit Agreement Clause in Contracts

Representations in Credit Agreement. The representations and warranties set forth in Section 4 of the Credit Agreement as they relate to such Grantor or to the Loan Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are true and correct, in all material respects, except for representations and warranties that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case such representations and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case unless expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and the Secured Parties shall be entitled to rely on each of such representations and warranties as if they were fully set forth herein, provided that each reference in each such representation and warranty to any Borrower’s knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Grantor’s knowledge.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Staples Inc)

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Representations in Credit Agreement. The representations and warranties set forth in Section 4 3 of the Credit Agreement as they relate to such Grantor or to the Loan Credit Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are true and correct, in all material respects, except for representations and warranties that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case such representations and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case unless expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and the Secured Parties shall be entitled to rely on each of such representations and warranties as if they were fully set forth herein, provided that each reference in each such representation and warranty to any Borrowerthe Company’s knowledge shall, for the purposes of this Section 4.l3.1, be deemed to be a reference to such Grantor’s knowledge.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Karyopharm Therapeutics Inc.)

Representations in Credit Agreement. The In the case of each Guarantor, the representations and warranties set forth in Section 4 Article VII of the Credit Agreement as they relate to such Grantor Guarantor (in its capacity as a Subsidiary of the Borrower) or to the Loan Documents to which such Grantor Guarantor is a party, each of which is hereby incorporated herein by reference, party are true and correct, correct in all material respects, except for representations and warranties that are respects (unless already qualified as to “materiality”, “Material Adverse Effect” or similar language, by materiality in which case such representations applicable representation and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case unless expressly stated to relate warranty that by its terms refers to a specific specified earlier date, in which case shall be true and correct), except to the extent any such representations and warranties are expressly limited to an earlier date, in which case, such representations and warranties shall continue to be true and correct in all material respects (unless already qualified by materiality in which case such applicable representation and warranty shall be true and correct in all material respects respects) as of such specified earlier date, and the Secured Parties shall be entitled to rely on each of such representations and warranties as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to any the Borrower’s knowledge shall, for the purposes of this Section 4.l5.01, be deemed to be a reference to such GrantorGuarantor’s knowledge.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Halcon Resources Corp)

Representations in Credit Agreement. The representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Grantor or to the Loan Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are true and correct, in all material respects, except for representations and warranties that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case such representations and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case case, unless expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and the Secured Parties shall be entitled to rely on each of such representations and warranties as if they were fully set forth herein, provided that each reference in each such representation and warranty to any the Borrower’s knowledge shall, for the purposes of this Section 4.l4.1, be deemed to be a reference to such Grantor’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Silicon Graphics International Corp)

Representations in Credit Agreement. The representations and warranties set forth in Section 4 Article III of the Credit Agreement as they relate to such Grantor or to the Loan Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are true and correct, in all material respects, except for representations and warranties that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case such representations and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case unless expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and the Secured Parties shall be entitled to rely on each of such representations and warranties as if they were fully set forth herein, provided that each reference in each such representation and warranty to any Borrower’s knowledge shall, for the purposes of this Section 4.l3.1, be deemed to be a reference to such Grantor’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Affinion Group, Inc.)

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Representations in Credit Agreement. The representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Grantor or to the Loan Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are true and correct, in all material respects, except for representations and warranties that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case such representations and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case case, unless expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and the Secured Parties shall be entitled to rely on each of such representations and warranties as if they were fully set forth herein, provided that each reference in each such representation and warranty to any Borrower’s knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Grantor’s knowledge.

Appears in 1 contract

Samples: Trademark Security Agreement (Gogo Inc.)

Representations in Credit Agreement. The In the case of each Grantor, each of the representations and warranties set forth in Section 4 of the Credit Agreement as to the extent they relate refer to such Grantor or to the Loan Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are is true and correct, correct in all material respects, except for representations respects on and warranties that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case of such representations date as if made on and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case unless expressly stated except to relate the extent that such representation and warranty relates to a specific an earlier date, in which case such representations representation and warranties warranty shall be true and correct in all material respects as of such earlier datedate (provided that any representation and warranty that is qualified by “materiality” or “Material Adverse Effect” or similar language shall be true and correct in all respects), and the Secured Parties Collateral Agent and each Lender shall be entitled to rely on each of such representations and warranties them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to any BorrowerGroup Member’s knowledge shall, for the purposes of this Section 4.l4.1, be deemed to be a reference to such Grantor’s knowledge.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (Affinity Gaming)

Representations in Credit Agreement. The representations and warranties set forth in Section 4 5 of the Credit Agreement as they relate to such Grantor or to the Loan Documents to which such Grantor is a party, each of which is hereby incorporated herein by reference, are true and correct, in all material respects, except for representations and warranties (i) expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier date, and (ii) that are qualified as to “materiality”, “Material Adverse Effect” or similar language, in which case such representations and warranties shall be true and correct (after giving effect to any such qualification therein) in all respects as of such date, in each case unless expressly stated to relate to a specific earlier date, in which case such representations and warranties shall be true and correct in all material respects as of such earlier daterespects, and the Secured Parties shall be entitled to rely on each of such representations and warranties them as if they were fully set forth herein, ; provided that each reference in each such representation and warranty to any the Borrower’s knowledge shall, for the purposes of this Section 4.l, be deemed to be a reference to such Grantor’s knowledge.

Appears in 1 contract

Samples: Credit Agreement (Healthequity, Inc.)

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