Common use of 14Disclosure Clause in Contracts

14Disclosure. The Borrower has disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries or any other Loan Party is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No report, financial statement, certificate or other written information (other than projected financial information and information of a general economic or industry-specific nature) furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case as modified or supplemented by other information so furnished), when taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading. All projected financial information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement, or delivered hereunder or under any other Loan Document, has been prepared in good faith based upon assumptions believed to be reasonable at the time such information was furnished. As of the Closing Date, the information included in any Beneficial Ownership Certification delivered to the Administrative Agent or any Lender, if applicable, is true and correct in all respects.

Appears in 2 contracts

Samples: Credit Agreement (AeroVironment Inc), Exhibit (AeroVironment Inc)

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14Disclosure. (a) The Borrower has Credit Parties have disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Consolidated Subsidiaries or any other Loan Party is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No To the knowledge of the Responsible Officers of Borrower, no report, financial statement, certificate or other written information furnished (other than projected financial information and information of a general economic whether in writing or industry-specific natureorally) furnished by or on behalf of any Loan Consolidated Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case case, as modified or supplemented by other information so furnished), when taken as a whole, ) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading. All ; provided that, with respect to projected financial information furnished by or on behalf of any Loan Party information, Borrower represents only that to the Administrative Agent or any Lender in connection with knowledge of the transactions contemplated hereby and the negotiation Responsible Officers of this Agreement, or delivered hereunder or under any other Loan Document, has been Borrower such information was prepared in good faith based upon assumptions believed to be reasonable at the time time, with the understanding that certain of such information was furnished. is prepared or provided by the Consolidated Parties based upon information and assumptions provided to such Consolidated Parties by Tenants of such Consolidated Parties. (b) As of the Closing Date, the information included in any the Beneficial Ownership Certification delivered to the Administrative Agent or any LenderCertification, if applicable, is true and correct in all respects.

Appears in 1 contract

Samples: Credit Agreement (Omega Healthcare Investors Inc)

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14Disclosure. The Borrower has disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries or any other Loan Party is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably 13743030v113743030v2 ​ be expected to result in a Material Adverse Effect. No report, financial statement, certificate or other written information (other than projected financial information and information of a general economic or industry-specific nature) furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Loan Document (in each case as modified or supplemented by other information so furnished), when taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading. All projected financial information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement, or delivered hereunder or under any other Loan Document, has been prepared in good faith based upon assumptions believed to be reasonable at the time such information was furnished. As of the Closing ClosingThird Amendment Effective Date, the information included in any Beneficial Ownership Certification delivered to the Administrative Agent or any Lender, if applicable, is true and correct in all respects.

Appears in 1 contract

Samples: Credit Agreement (AeroVironment Inc)