Common use of Accuracy of Financial Statements Clause in Contracts

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in a Material Adverse Change.

Appears in 4 contracts

Samples: Credit Agreement (Nuvera Communications, Inc.), Credit Agreement (Nuvera Communications, Inc.), Credit Agreement (Nuvera Communications, Inc.)

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Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could would reasonably be expected to result in a Material Adverse ChangeEffect.

Appears in 4 contracts

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower its Subsidiaries that could would reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2020, no Material Adverse Change has occurred.

Appears in 4 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that which could reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2010, no Material Adverse Change has occurred.

Appears in 4 contracts

Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (Crocs, Inc.), Credit Agreement (Crocs, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower its Subsidiaries that could would reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2018, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Midstream Partners LP)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower its Subsidiaries that could would reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2013, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc), Credit Agreement (CONSOL Energy Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2007, no Material Adverse Change has occurred.

Appears in 3 contracts

Samples: Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since June 30, 2018, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement and Security Agreement (Paylocity Holding Corp), Credit Agreement (Paylocity Holding Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are required to be disclosed in accordance with GAAP which are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein therein, there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could which would reasonably be expected to result in cause a Material Adverse Change.

Appears in 2 contracts

Samples: Term Loan Agreement (Ipalco Enterprises, Inc.), Credit Agreement (Ipalco Enterprises, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since January 2, 2016, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Sun Hydraulics Corp), Credit Agreement (Sun Hydraulics Corp)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower its Subsidiaries that could would reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2017, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Midstream Partners LP)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower its Subsidiaries that could would reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2023, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (CNX Resources Corp), Credit Agreement (CNX Resources Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since June 30, 2012, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Continuing Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither the No Borrower nor any of its their respective Subsidiaries has any liabilities, contingent or otherwiseotherwise (other than obligations under Policies), or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could their respective Subsidiaries which may reasonably be expected to result in a Material Adverse Change. Since December 31, 2011, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2010, no Material Adverse Change has occurred.

Appears in 2 contracts

Samples: Joinder and Assumption Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-long- term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2016, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since June 30, 2015, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that which could reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2012, no Material Adverse Change has occurred, except as set forth on Schedule 6.1.6.

Appears in 1 contract

Samples: Credit Agreement (Steel Partners Holdings L.P.)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in other Loan Party which may cause a Material Adverse Change. Since December 31, 1998, no Material Adverse Change has occurred with respect to MotivePower or WABCO.

Appears in 1 contract

Samples: Refinancing Credit Agreement (Westinghouse Air Brake Technologies Corp)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any liabilities, contingent or otherwiseotherwise (other than obligations under Policies), or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could its Subsidiaries which may reasonably be expected to result in a Material Adverse Change.. Since December 31, 2018, no Material Adverse Change has occurred. 4.1.7

Appears in 1 contract

Samples: Credit Facility Agreement (Cincinnati Financial Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which would constitute a Material Adverse Change. Since December 31, 2009, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Mine Safety Appliances Co)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in each case which would cause or constitute a Material Adverse Change.

Appears in 1 contract

Samples: Credit Agreement (Viasys Healthcare Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that which could reasonably be expected to result in have a Material Adverse ChangeEffect. Since December 31, 2013, there has been no event or development which has had or could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (3d Systems Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2006, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Kansas City Power & Light Co)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which constitutes a Material Adverse Change. Since March 31, 2015, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Black Box Corp)

Accuracy of Financial Statements. Neither the Borrower Borrowers nor any Subsidiary of its Subsidiaries the Borrowers has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in a Material Adverse Change.the

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no material unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that which could reasonably be expected to result in cause a Material Adverse Change. Since June 30, 2019, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (K12 Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2008, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Om Group Inc)

Accuracy of Financial Statements. Neither the Borrower nor any of its consolidated Subsidiaries has has, as of the respective dates thereof, any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any such Subsidiary of the Borrower that could which would reasonably be expected likely to result in a Material Adverse Change. Since March 31, 2012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Advanced Drainage Systems, Inc.)

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Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since January 1, 2008, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Hallador Petroleum Co)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since June 30, 2006, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change.. Since December 31, 2003, no Material Adverse Change has occurred. Use of Proceeds; Margin Stock; Section 20

Appears in 1 contract

Samples: Credit Agreement (Compudyne Corp)

Accuracy of Financial Statements. Neither the The Borrower nor any of its Subsidiaries has does not have any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 1996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc /)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that which could reasonably be expected to result in cause a Material Adverse Change. Since December 31, 2011, no Material Adverse Change has occurred, except as set forth on Schedule 6.1.6.

Appears in 1 contract

Samples: Intercompany Subordination Agreement (Sl Industries Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which constitutes a Material Adverse Change.. Since March 31, 2015, no Material Adverse Change has occurred. 5.1.7

Appears in 1 contract

Samples: Credit Agreement (Black Box Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since March 31, 2008, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Breeze-Eastern Corp)

Accuracy of Financial Statements. Neither the No Borrower nor any of its their respective Subsidiaries has any liabilities, contingent or otherwiseotherwise (other than obligations under Policies), or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could their respective Subsidiaries which may reasonably be expected to result in a Material Adverse Change.. Since December 31, 2011, no Material Adverse Change has occurred. 5.1.7

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Financial Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change.. Since January 2, 2016, no Material Adverse Change has occurred. 6.1.7

Appears in 1 contract

Samples: Credit Agreement (Sun Hydraulics Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since June 30, 2010, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Joinder and Assumption Agreement (Ii-Vi Inc)

Accuracy of Financial Statements. Neither -------------------------------- the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 1996, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Suburban Lodges of America Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower, has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 3 1,1999, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Whiteford Partners L P)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since October 31, 2009, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Spartech Corp)

Accuracy of Financial Statements. Neither the Borrower nor any of its consolidated Subsidiaries has has, as of the respective dates thereof, any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any such Subsidiary of the Borrower that could which would reasonably be expected likely to result in a Material Adverse Change. Since March 31, 2016, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Advanced Drainage Systems, Inc.)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2012, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Gentex Corp)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any material liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Historical Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since February 1, 2003, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Too Inc)

Accuracy of Financial Statements. Neither the Borrower nor any Subsidiary of its Subsidiaries the Borrower has any liabilities, contingent or otherwise, or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could reasonably be expected to result in which may cause a Material Adverse Change. Since December 31, 2013, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Agreement (Hallador Energy Co)

Accuracy of Financial Statements. Neither the Borrower nor any of its Subsidiaries has any liabilities, contingent or otherwiseotherwise (other than obligations under Policies), or forward or long-term commitments that are not disclosed in the financial statements referred to in clauses (a) and (b) of this Section 5.10 Statements or in the notes thereto, and except as disclosed therein there are no unrealized or anticipated losses from any commitments of the Borrower or any Subsidiary of the Borrower that could its Subsidiaries which may reasonably be expected to result in a Material Adverse Change. Since December 31, 2018, no Material Adverse Change has occurred.

Appears in 1 contract

Samples: Credit Facility Agreement (Cincinnati Financial Corp)

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