Breach of Representation. Except as provided in Section 10.18 hereof, any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or in any agreement, documents, certificate or financial or other written statement provided 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 4 contracts
Samples: Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.), Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.), Revolving Credit and Security Agreement (Williams Industrial Services Group Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof10.16, any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or any related agreement or in any agreementcertificate, documents, certificate document or financial or other written statement provided 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 3 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Asv Holdings, Inc.), Revolving Credit, Term Loan and Security Agreement (A.S.V., LLC), Revolving Credit, Term Loan and Security Agreement (Manitex International, Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof, any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or in any agreement, documents, certificate or financial or other written statement provided 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 3 contracts
Samples: Revolving Credit and Security Agreement (Perma-Pipe International Holdings, Inc.), Revolving Credit and Security Agreement (AutoWeb, Inc.), Revolving Credit and Security Agreement (Perma-Pipe International Holdings, Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof, any Any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or any related agreement or in any agreementcertificate, documents, certificate document or financial or other written statement provided 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 3 contracts
Samples: Revolving Credit and Security Agreement (Invacare Corp), Revolving Credit and Security Agreement (Invacare Corp), Term Loan Credit and Guaranty Agreement (New Enterprise Stone & Lime Co., Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof, any representation or warranty made or deemed made by any Loan Party in this Agreement, any of the Other Document Documents or in any related agreement, documentsdocument, certificate or financial or other written statement provided 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, Term Loan, Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Export Import Revolving Credit, Guaranty and Security Agreement (Dasan Zhone Solutions Inc)
Breach of Representation. Except as provided in Section 10.18 hereof, any Any representation or warranty made or deemed made by any Loan Credit Party in this Agreement, any Other other Loan Document or in any related agreement, documentscertificate, certificate document or financial or other written statement provided furnished at any time in connection herewith or therewith shall prove to have been incorrect in any material respect or when taken together with all such other information delivered under the Loan Documents, misleading in any material respect (except, in each case, that any such representation or warranty that is already qualified or modified by materiality shall be true and correct in all respects) on the date when made or deemed to have been made;
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation)
Breach of Representation. Except as provided in Section 10.18 10.17 hereof, any representation or warranty made or deemed made by any Loan Party in this Agreement, any of the Other Document Documents or in any related agreement, documentsdocument, certificate or financial or other written statement provided 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;; 10.
Appears in 2 contracts
Samples: Revolving Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)
Breach of Representation. Except as provided in Section 10.18 10.17 hereof, any representation or warranty made or deemed made by any Loan Party in this Agreement, any of the Other Document Documents or in any related agreement, documentsdocument, certificate or financial or other written statement provided 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: Reimbursement, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.), Revolving Credit, Guaranty and Security Agreement (Babcock & Wilcox Enterprises, Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof10.22, any representation or warranty made or deemed made by any Loan Party Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any agreementcertificate, documents, certificate document or financial or other written statement provided 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 (Green Plains Inc.), Revolving Credit and Security Agreement (Green Plains Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof, any Any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or in any agreement, documents, certificate or financial or other written statement provided furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading untrue 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 (Nektar Therapeutics)
Breach of Representation. Except as provided in Section 10.18 hereof, any Any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other other Loan Document or any related agreement or in any agreementcertificate, documents, certificate document or financial or other written statement provided 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: Term Loan Credit and Guaranty Agreement (New Enterprise Stone & Lime Co., Inc.)
Breach of Representation. Except as provided in Section 10.18 hereof, any Any representation or warranty made or deemed made by any Loan Party in this Agreement, Agreement or any Other Document Document, or in any agreementcertificate, documents, certificate document or financial or other written statement provided furnished at any time in connection herewith or therewith 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 (Worthington Steel, Inc.)
Breach of Representation. Except as provided in Section 10.18 10.16 hereof, any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or any related agreement or in any agreementcertificate, documents, certificate document or financial or other written statement provided 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;; 10.3
Appears in 1 contract
Breach of Representation. Except as provided in Section 10.18 hereof, any Any representation or warranty made or deemed made by any Loan Party in this Agreement, any Other Document or any related agreement or in any agreementcertificate, documents, certificate document or financial or other written statement provided 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;; 10
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Cca Industries Inc)
