Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or the REIT to Agent or any Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.
Appears in 9 contracts
Samples: Credit Agreement (CPG Partners Lp), Term Loan Agreement (Chelsea Property Group Inc), Credit Agreement (Chelsea Property Group Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 8 contracts
Samples: Credit Agreement (Finishmaster Inc), Credit Agreement (Huttig Building Products Inc), Credit Agreement (CTS Corp)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 7 contracts
Samples: Credit Agreement (Metals Usa Inc), Credit Agreement (Landcare Usa Inc), Credit Agreement (Transportation Components Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Administrative Agent or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.
Appears in 5 contracts
Samples: Credit Agreement (SPG Realty Consultants Inc), Credit Agreement (Simon Property Group L P /De/), Revolving and Term Credit Agreement (General Growth Properties Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 2 contracts
Samples: Term Loan Agreement (Kaynar Holdings Inc), Credit Agreement (Kaynar Holdings Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Administrative Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading untrue in any material respect on the date as of which made (or deemed made).
Appears in 2 contracts
Samples: Short Term Credit Agreement (Ball Corp), Long Term Credit Agreement (Ball Corp)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, written certificate or financial statements of any Authorized Officer at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 2 contracts
Samples: Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower or to the REIT to Agent or any Lender herein or by any Borrower or any of its respective Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Samples: Credit Agreement (American Architectural Products Corp)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or any Parent to the REIT to Agent or any Lender herein or by the Borrower or any Parent in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Breach of Representation or Warranty. Any representation repre sentation or warranty made or deemed made by the Borrower or any Guarantor to the REIT to Agent Agent, any Lender or any Lender Issuing Bank herein or by any Person in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading mislead ing in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Samples: Credit Agreement (Aviation Sales Co)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or any member of the REIT Borrower Corporate Group to the Agent or any Lender herein or by the Borrower or any of their respective Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or Borrower, the REIT or any Guarantor Subpartnership to Agent or any Lender or Designated Bid Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents (including, without limitation, any UPP Eligibility Certification) shall be false or misleading in any material respect on the date as of which made.
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or on behalf of any Loan Party or by any officer of the REIT foregoing under or in connection with any Loan Document or under or in connection with any report, certificate, or other document delivered to the Administrative Agent or any Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents Document shall be false have been incorrect or misleading in any material respect on the date as of which when made or deemed made.; or
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Overhill Farms Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or to the REIT to Agent Payment and Disbursement Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries 107 in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower Borrower, any other Loan Party, AMC or the REIT Foundation to the Agent or any Lender herein or in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or any of its Subsidiaries to the REIT to Agent or any Lender herein or in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or to the REIT to Agent or any Lender herein or by any Company in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
