Common use of Breach of Representation Clause in Contracts

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 44 contracts

Samples: Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.), Revolving Credit and Security Agreement (ARKO Corp.)

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Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 15 contracts

Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, any of the Other Document or any related agreement Documents or in any certificateagreement, document documents, certificate or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 14 contracts

Samples: Revolving Credit and Security Agreement (Quantum Corp /De/), Term Loan Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Quantum Corp /De/)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 11 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Absolute Life Solutions, Inc.), Revolving Credit and Security Agreement (Ante5, Inc.), Revolving Credit and Security Agreement (Research Pharmaceutical Services, Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, any Other Document Document, Borrowing Base Certificate or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 9 contracts

Samples: Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Credit Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 9 contracts

Samples: Revolving Credit and Security Agreement (Emerge Energy Services LP), Senior Secured Priming and Superpriority Debtor in Possession Credit and Security Agreement (Emerge Energy Services LP), Revolving Credit and Security Agreement (Emerge Energy Services LP)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 9 contracts

Samples: Revolving Credit and Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (Goodman Networks Inc), Revolving Credit and Term Loan Agreement (Hudson Technologies Inc /Ny)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Credit Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 8 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc), Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc), Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 6 contracts

Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 5 contracts

Samples: Revolving Credit and Security Agreement (Emtec Inc/Nj), Revolving Credit and Security Agreement (Dreams Inc), Revolving Credit and Security Agreement (Merisel Inc /De/)

Breach of Representation. Any representation or warranty made by or deemed made on behalf of any Loan Party or by any Borrower officer of the foregoing under or any Guarantor in connection with this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 4 contracts

Samples: Term Loan and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.), Revolving Credit and Security Agreement (Boot Barn Holdings, Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 4 contracts

Samples: Revolving Credit, Term Loan, Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit and Security Agreement (Sypris Solutions Inc), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Client in this Agreement, or in any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith therewith, shall prove to have been untrue, incorrect or misleading in any material respect on the date when made or when deemed to have been be made;.

Appears in 3 contracts

Samples: Payplant Client Agreement, Payplant Client Agreement (Sysorex, Inc.), Loan and Security Agreement (Inpixon)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Note Party in this Agreement, any Other other Note Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 3 contracts

Samples: Note Purchase Agreement (Keane Group, Inc.), Note Purchase Agreement (Keane Group, Inc.), Note Purchase Agreement (Keane Group, Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, Agreement or any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect (or in any respect with respect to any representation an warranty which, by its terms, is qualified as to materiality) on the date when made or deemed to have been made;

Appears in 3 contracts

Samples: Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.), Revolving Credit and Security Agreement (Viant Technology Inc.), Revolving Credit and Security Agreement and Guaranty (Viant Technology Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document Agreement or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Akrion, Inc.), Revolving Credit and Security Agreement (Akrion, Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any the Borrower or any Guarantor in this Agreement, any Other other Loan Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document DIP Term Sheet or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;; (c)

Appears in 1 contract

Samples: Restructuring Support Agreement (Ion Geophysical Corp)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, Agreement or any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;.

Appears in 1 contract

Samples: Revolving Credit, Security and Guaranty Agreement (ZRCN Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower Borrowers or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Term Loan Credit and Security Agreement (Hudson Technologies Inc /Ny)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower Holdings or any Guarantor Credit Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect (without duplication of any materiality qualifier) on the date when made or deemed to have been made;.

Appears in 1 contract

Samples: Credit and Security Agreement (Ferroglobe PLC)

Breach of Representation. Any material representation or warranty made or deemed made by any Borrower Purchaser, Guarantor or any Guarantor of their Subsidiaries in this Agreement, any Other Seller Transaction Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been mademade and such failure shall have resulted in Material Adverse Effect;

Appears in 1 contract

Samples: Installment Sale Agreement (SurgePays, Inc.)

Breach of Representation. Any If any representation or warranty made or deemed made by any Borrower the Borrower, a Subsidiary or any other Guarantor in this Agreement, in the Guaranty or in any Other Document other Loan Document, or any related agreement statement or representation made in any certificate, document report or financial opinion delivered pursuant to this Agreement or other statement furnished at any time Loan Document or in connection herewith or therewith shall prove to have been misleading in with any material respect on the date borrowing under this Agreement was materially untrue when made or deemed to have been made, or is breached in any material respect;

Appears in 1 contract

Samples: Loan Agreement (Information Analysis Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in in, or deemed to have been made pursuant to the express provisions of, this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Horizon Offshore Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other other Credit Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Credit Agreement (Keane Group, Inc.)

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Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in the Note, this Agreement, any Other Document or any related agreement Agreement or in any certificateother agreement, document or financial instrument evidencing, securing or other statement furnished at relating to any time in connection herewith of the obligations, covenants, promises and agreements secured hereby is false or therewith shall prove to have been misleading in any material respect on incorrect as of the date when made or deemed to have been made;.

Appears in 1 contract

Samples: Credit Agreement (Universal Technical Institute Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Zanett Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been inaccurate or misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Empeiria Acquisition Corp)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Note Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading or untrue in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Second Lien Note Purchase Agreement (Emerge Energy Services LP)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Loan and Security Agreement (Boomerang Systems, Inc.)

Breach of Representation. Any Except as provided in Section 10.17, any representation or warranty made or deemed made by any Borrower or any Guarantor or deemed made in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Quality Gold Holdings, Inc.)

Breach of Representation. Any If any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement Agreement or in any certificateother Loan Document, document or financial any representation or warranty made by any Borrower in any certificate or report delivered pursuant to this Agreement or other statement furnished at any time Loan Document or in connection herewith or therewith shall prove to have been misleading in with any material respect on the date borrowing under this Agreement was materially untrue when made or deemed to have been made, or is breached in any material respect;

Appears in 1 contract

Samples: Loan Agreement (American Defense Systems Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower Borrower, any Subsidiary, or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)

Breach of Representation. Any representation representation, warranty or warranty certification made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been inaccurate or misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Term Loan and Security Agreement (Empeiria Acquisition Corp)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor XXXX in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Amrep Corp.)

Breach of Representation. Any material representation or warranty made or deemed made by any Borrower Purchaser or any Guarantor of its Subsidiaries in this Agreement, any Other Seller Transaction Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been mademade and such failure shall have resulted in Material Adverse Effect;

Appears in 1 contract

Samples: Subordination Agreement (KonaTel, Inc.)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this AgreementAgreement (to the extent it is a party), any Other Document to which it is a party or any related agreement (to the extent it is a party) or in any certificate, document or financial or other statement (to the extent it is a party) furnished at any time by such Person in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Integrated Biopharma Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower Loan Party or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Ampco Pittsburgh Corp)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other other Loan Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Swenson Granite Co LLC)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, Agreement or any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith pursuant hereto or therewith thereto shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Hutchinson Technology Inc)

Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in to Lender under this Agreement, any Other Document the other Loan Documents or any related agreement certificate or in any certificate, document or financial or other statement furnished at any time information delivered in connection herewith with this Agreement or therewith the other Loan Documents shall prove to have been be false or misleading in any material respect on the date when made or deemed to have been made;.

Appears in 1 contract

Samples: Intercompany Loan Agreement (Stonepeak Catarina Holdings LLC)

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