Common use of Accuracy of Information; Full Disclosure Clause in Contracts

Accuracy of Information; Full Disclosure. All written information, reports and other papers and data with respect to Borrower furnished to Lenders by Borrower were, to the best of Borrower's knowledge, at the time the same were so furnished or as of the date of such report or information, correct in all material respects, or have been subsequently supplemented by other information, reports or other papers or data, to the extent necessary to give Lenders a true and accurate knowledge of the subject matter of such information, reports, or other papers and data in all material respects. All projections with respect to Borrower furnished to Lenders by or on behalf of Borrower, as supplemented, were prepared and presented in good faith by Borrower. No fact is known to Borrower which has or is reasonably likely to have a Material Adverse Effect, which has not been set forth in the financial statements referred to in subsection 4.13 or in such information, reports, papers and data or otherwise disclosed in writing to Lenders prior to the date hereof. Neither this Agreement nor any documents, financial statements, reports, notices, schedules, certificates, statements or other writings furnished by or on behalf of Borrower to Agent or any Lender in connection with the negotiation of this Agreement or the consummation of the transactions contemplated hereby, or required herein to be furnished by or on behalf of Borrower, contains to Borrower's knowledge any untrue or misleading statement of a material fact or omits a material fact necessary to make the statements herein or therein not misleading. There is no fact known to Borrower which Borrower has not disclosed to Agent and Lenders in writing which materially affects adversely nor, so far as Borrower can now foresee, will materially affect adversely the business, prospects, profits or financial condition of Borrower or the ability of Borrower to perform this Agreement.

Accuracy of Information; Full Disclosure. (a) All written informationfinancial statements, reports including any related schedules and other papers notes appended thereto, delivered and data to be delivered to Agent and/or any Lender pursuant to this Agreement have been or will be prepared in accordance with GAAP with respect to Borrowers and on a statutory basis with respect to Guarantors and do and will fairly present the financial condition of each Borrower, its consolidated Subsidiaries, if any, and Guarantors on the dates thereof and results of operations for the periods covered thereby and discloses all liabilities (including contingent liabilities) of any kind of such Borrower furnished to Lenders by Borrower were, to the best of Borrower's knowledge, at the time the same were so furnished or as of and such Guarantor. (b) Since the date of such report or information, correct in all material respects, or have been subsequently supplemented by other information, reports or other papers or data, to the extent necessary to give Lenders a true and accurate knowledge of the subject matter of such information, reports, or other papers and data in all material respects. All projections with respect to Borrower most recent financial statements furnished to Lenders by or on behalf of BorrowerAgent and/or any Lender, as supplemented, were prepared and presented in good faith by Borrower. No fact is known to Borrower which has or is reasonably likely to have a Material Adverse Effect, which there has not been set forth any material adverse change in the financial condition, business or operations of any Borrower or any Guarantor. (c) All financial statements referred to in subsection 4.13 or in such information, reports, papers and data or otherwise disclosed in writing to Lenders prior to the date hereof. Neither this Agreement nor any documents, financial other statements, reports, notices, schedules, certificates, statements or other writings documents and information furnished by Borrowers or on behalf Guarantors, or any of Borrower them, to Agent or and/or any Lender in connection with the negotiation of this Agreement or and the consummation of Notes and the transactions contemplated hereby, or required herein to be furnished by or on behalf of Borrower, contains to Borrower's knowledge hereunder do not and will not contain any untrue or misleading statement of a material fact or omits omit to state a material fact necessary in order to make the statements herein or contained therein not misleading. There is no fact known to Each Borrower which Borrower and each Guarantor has not disclosed to Agent and Lenders in writing any and all facts which materially affects and adversely nor, so far as Borrower can now foresee, will materially affect adversely the business, prospectsproperties, profits operations or condition, financial condition or otherwise, of such Borrower or the such Guarantor, or such Borrower’s or such Guarantor’s ability of Borrower to perform its obligations under this AgreementAgreement and the Notes.

Accuracy of Information; Full Disclosure. (a) All written informationfinancial statements, reports including any related schedules and other papers notes appended thereto, delivered and data to be delivered to Agent and/or any Lender pursuant to this Agreement have been or will be prepared in accordance with GAAP with respect to Debtors and on a statutory basis with respect to Guarantors and do and will fairly present the financial condition of each Borrower, its consolidated Subsidiaries, if any, and Guarantors on the dates thereof and results of operations for the periods covered thereby and discloses all liabilities (including contingent liabilities) of any kind of such Borrower furnished to Lenders by Borrower were, to the best of Borrower's knowledge, at the time the same were so furnished or as of and such Guarantor. (b) Since the date of such report or information, correct in all material respects, or have been subsequently supplemented by other information, reports or other papers or data, to the extent necessary to give Lenders a true and accurate knowledge of the subject matter of such information, reports, or other papers and data in all material respects. All projections with respect to Borrower most recent financial statements furnished to Lenders by or on behalf of BorrowerAgent and/or any Lender, as supplemented, were prepared and presented in good faith by Borrower. No fact is known to Borrower which has or is reasonably likely to have a Material Adverse Effect, which there has not been set forth in the any Material Adverse Change. (c) All financial statements referred to in subsection 4.13 or in such information, reports, papers and data or otherwise disclosed in writing to Lenders prior to the date hereof. Neither this Agreement nor any documents, financial other statements, reports, notices, schedules, certificates, statements or other writings documents and information furnished by Borrowers or on behalf Guarantors, or any of Borrower them, to Agent or and/or any Lender in connection with the negotiation of this Agreement or and the consummation of Notes and the transactions contemplated hereby, or required herein to be furnished by or on behalf of Borrower, contains to Borrower's knowledge hereunder do not and will not contain any untrue or misleading statement of a material fact or omits omit to state a material fact necessary in order to make the statements herein or contained therein not misleading. There is no fact known to Each Borrower which Borrower and each Guarantor has not disclosed to Agent and Lenders in writing any and all facts which materially affects and adversely nor, so far as Borrower can now foresee, will materially affect adversely the business, prospectsproperties, profits operations or condition, financial condition or otherwise, of such Borrower or the such Guarantor, or such Borrower’s or such Guarantor’s ability of Borrower to perform its obligations under this AgreementAgreement and the Notes.

Accuracy of Information; Full Disclosure. All written information, reports and other papers and data with respect to Borrower furnished to Lenders by Borrower were, to the best of Borrower's knowledge, at the time the same were so furnished or as As of the date of such report or informationthis Agreement, (a) all consolidated financial statements, correct in all material respectsincluding any related schedules and notes appended thereto, or delivered and to be delivered to Agent and/or any Lender pursuant to this Agreement have been subsequently supplemented by other informationprepared in accordance with GAAP and do fairly present the financial condition of the Borrowes and their Subsidiaries, reports or other papers or dataif any, on the dates thereof and results of operations for the periods covered thereby and discloses all liabilities (including contingent liabilities) of any kind of such Borrower to the extent necessary to give Lenders a true and accurate knowledge required in accordance with GAAP. (b) since the date of the subject matter of such information, reports, or other papers and data in all material respects. All projections with respect to Borrower most recent financial statements furnished to Lenders by or on behalf of BorrowerAgent and/or any Lender, as supplemented, were prepared and presented in good faith by Borrower. No fact is known to Borrower which has or is reasonably likely to have a Material Adverse Effect, which there has not been set forth any material adverse change in the financial condition, business or operations of any Borrower. (c) all consolidated financial statements referred to in subsection 4.13 or in such information, reports, papers and data or otherwise disclosed in writing to Lenders prior to the date hereof. Neither this Agreement nor any documents, financial other statements, reports, notices, schedules, certificates, statements or other writings documents and information furnished by Borrowers, or on behalf any of Borrower them, to Agent or and/or any Lender in connection with the negotiation of this Agreement or and the consummation of Notes and the transactions contemplated hereby, or required herein to be furnished by or on behalf of Borrower, contains to Borrower's knowledge hereunder do not contain any untrue or misleading statement of a material fact or omits omit to state a material fact necessary in order to make the statements herein or contained therein not misleading. There is no fact known to Borrower which As of the date of this Agreement, each Borrower has not disclosed to Agent and Lenders in writing any and all facts which materially affects and adversely nor, so far as Borrower can now foresee, will materially affect adversely the business, prospectsproperties, profits operations or condition, financial condition or otherwise, of Borrower such Borrower, or the such Borrower’s ability of Borrower to perform its obligations under this AgreementAgreement and the Notes.

Accuracy of Information; Full Disclosure. (a) All written informationfinancial statements, reports including any related schedules and other papers notes appended thereto, delivered and data to be delivered to Agent and/or any Lender pursuant to the Credit Documents have been or will be prepared in accordance with respect GAAP and do and will fairly present in all material respects the financial condition of each Borrower, each Guarantor and their respective Subsidiaries, if any, on the dates thereof and results of operations for the periods covered thereby and discloses all liabilities (including contingent liabilities) of any kind of such Borrower and such Guarantor to Borrower the extent required by GAAP, subject to adjustments as required by the quality of earnings report delivered prior to the Closing Date. (b) Since the date of the most recent financial statements furnished to Lenders Agent and/or any Lender, there has not been in the case of any Borrower, a Material Adverse Change, or in the case of any Guarantor or any direct or indirect parent of such Person, a material adverse change in the business, properties, assets, operations, the collateral, results of operations, or financial condition of any such Person. (c) None of the representations or warranties made by Borrower were, to any Credit Party or any of their Subsidiaries in the best of Borrower's knowledge, at the time the same were so furnished or Credit Documents as of the date of such report representations and warranties are made or informationdeemed made, correct in all material respects, or have been subsequently supplemented by other information, reports or other papers or data, to the extent necessary to give Lenders a true and accurate knowledge none of the subject matter of such informationstatements contained in each exhibit, reportsreport, statement or other papers and data in all material respects. All projections with respect to Borrower furnished to Lenders by or on behalf of Borrower, as supplemented, were prepared and presented in good faith by Borrower. No fact is known to Borrower which has or is reasonably likely to have a Material Adverse Effect, which has not been set forth in the financial statements referred to in subsection 4.13 or in such information, reports, papers and data or otherwise disclosed in writing to Lenders prior to the date hereof. Neither this Agreement nor any documents, financial statements, reports, notices, schedules, certificates, statements or other writings certificate furnished by or on behalf of Borrower to Agent any Credit Party or any Lender of their Subsidiaries in connection with the negotiation of this Agreement or the consummation of the transactions contemplated hereby, or required herein to be furnished by or on behalf of BorrowerCredit Documents, contains to Borrower's knowledge any untrue or misleading statement of a material fact or omits a any material fact required to be stated therein or necessary to make the statements herein made therein, in light of the circumstances under which they are made, not misleading as of the time when made or therein not misleading. There is no fact known to Borrower which Borrower has not disclosed to Agent and Lenders in writing which materially affects adversely nor, so far as Borrower can now foresee, will materially affect adversely the business, prospects, profits or financial condition of Borrower or the ability of Borrower to perform this Agreementdelivered.