Common use of Breach of Representations, Etc Clause in Contracts

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or misleading in any material respect as of the date made or deemed made; provided that such materiality qualifier shall not apply to any representations and warranties to the extent already qualified or modified by materiality or similar concept in the text thereof; or

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any such Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false incorrect or misleading in any material respect (or, in the case of any representation or warranty qualified by materiality, in all respects) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing writing, pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith with any Credit Document or therewith the Transactions shall be false incorrect in any material respect as of the date made or deemed made; ormade (or if any representation or warranty is expressly stated to have been made as of a specific date incorrect in any material respect as of such specific date);

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to the terms of or in connection herewith or therewith shall be with the Credit Documents was false in any material respect (or, to the extent such representation and warranty contains qualifications as to materiality, it was false in any respect) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given to any Agent or Lender by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate (including any Borrowing Base Certificate) or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any such Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false incorrect or misleading in any material respect (except for those representations and warranties that are qualified by materiality, which shall be true and correct in all respects) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document (including the Schedules attached hereto and thereto) or in any statement or certificate at any time given to any Agent or Lender or Issuing Bank by any Credit Party or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other written statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification warranty or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing delivered pursuant hereto or thereto or in connection herewith or therewith shall prove to be false untrue in any material respect on the date as of the date which made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (to the extent not otherwise qualified as to materiality) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its their respective Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith with any Credit Document or therewith the Transactions shall be false incorrect in any material respect as of the date made or deemed made; ormade (or if any representation or warranty is expressly stated to have been made as of a specific date incorrect in any respect as of such specific date);

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto to the terms hereof or thereto or in connection herewith or therewith thereof shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (or in any respect if any such representation or warranty is already qualified by materiality) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, ------------------------------- certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document Document, or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto thereto, or in connection herewith or therewith therewith, shall be false in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries OZ Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement of fact made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or required to be delivered in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other written statement made or deemed made by any Credit Party in any Credit Document or in any written statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document (including the Schedules attached hereto and thereto) or in any statement or certificate at any time given to any Agent or Lender by any Credit Party or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; oror (e)

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement statement, instrument, report or certificate at any time given by any such Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false incorrect or misleading in any material respect (or, in the case of any representation or warranty qualified by materiality, in all respects) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Loan Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate (including any Borrowing Base Certificate) or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification representation or other statement made warranty herein or deemed made by any Credit Party in any Credit Document or in any written statement, report, financial statement or certificate at made or delivered to the Administrative Agent or any time given Lender by any Credit Party is untrue or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false incorrect in any material respect (without duplication of materiality qualifiers contained therein) as of the date when made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect in any material respect as of the date made or deemed made; ormade and such incorrect representation, warranty or certification, if curable, shall not have been remedied within 30 days after receipt by the Borrower of written notice from the Administrative Agent of such failure;

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any statement or certificate (including any Borrowing Base Certificate) at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect in any material respect as of the date made or deemed made; ormade and such incorrect representation, warranty or certification, if curable, shall not have been remedied within 30 days after receipt by the Borrower of written notice from the Administrative Agent of such failure;

Breach of Representations, Etc. Any Subject to Section 8.3 below, any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto to the terms hereof or thereto or in connection herewith or therewith thereof shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or Related Agreement or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement statement, when taken as a whole, made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or (pursuant to Section 3.2) deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Transaction Document or in any statement or certificate at any time given by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed mademade and such failure continues for 30 days after any Credit Party obtaining notice or knowledge thereof; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed mademade and, to the extent capable of being cured, such false representation and warranty shall remain false in any material respect for a period of 15 days; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing 119 pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate (including any Borrowing Base Certificate) or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or163

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by the Borrower or any other Credit Party in any Credit Document or in any statement or certificate at any time given provided by or on behalf of the Borrower or any other Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false inaccurate in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Loan Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (to the extent not otherwise qualified as to materiality) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document, shall be false incorrect in any material respect as of the date made or deemed made; ormade (or if any representation or warranty is expressly stated to have been made as of a specific date incorrect, in any material respect as of such specific date);

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its their respective Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; oror (e)

Breach of Representations, Etc. Any representation, warranty, certification or other statement of fact made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or required to be delivered in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate (including any Borrowing Base Certificate) or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or(e)

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its the Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Transaction Party or any of its Subsidiaries in any Credit Note Document or in any statement written notice or certificate at any time given by any Credit Transaction Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of the date which made or deemed made(without duplication of any materiality qualifiers contained therein); or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate (including any Borrowing Base Certificate) or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or208

Breach of Representations, Etc. Any representation, ------------------------------ warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its 91 Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given provided by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false inaccurate in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or misleading in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; oror 119

Breach of Representations, Etc. Any representation, warranty, warranty or certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any statement certificate or certificate similar document at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing writing, pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or.

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or195

Breach of Representations, Etc. Any representation, ------------------------------- warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be to the terms of the Credit Documents was false in any material respect (or, to the extent such representation and warranty contains qualifications as to materiality, it was false in any respect) as of the date made or deemed made; oror 146

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any 105 statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given provided by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in 124 connection herewith or therewith with any Credit Document shall be false inaccurate in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party or Pledgor in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries Pledgor in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party Obligor in any Credit Document or in any statement or certificate at any time given by any Credit Party Obligor or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate (including any Borrowing Base Certificate) at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Material Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; oror 128

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document (including the Schedules attached hereto and thereto) or in any statement or certificate at any time given to any Agent or Lender or Issuing Bank by any Credit Party or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; orwriting

Breach of Representations, Etc. Any representation, warranty, certification representation or other statement warranty made or deemed made by or on behalf of any Credit Party in or pursuant to any Credit Document or any amendment or modification thereof or waiver thereunder, or any material representation or warranty in any report, certificate, financial statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing other document furnished pursuant hereto or thereto to or in connection herewith with any Credit Document or therewith any amendment or modification thereof or waiver thereunder, shall be false prove to have been incorrect in any material respect as of the date when made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification representation or other statement made or deemed warranty made by any Credit Party or Owner in any Credit Document or that is contained in any statement certificate or certificate document furnished by it at any time given by under any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith Document shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any a Credit Party or any of its Subsidiaries in writing writing, pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (or, in the case of any such representation or warranty already qualified by materiality, material adverse effect or similar qualification, in any respect) as of the date made or deemed made; or.

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its their respective Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; orpursuant

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (or in any respect if such statement was subject to a materiality or Material Adverse Effect qualification) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any 103 Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect, in the case of any representation or warranty qualified or modified as to materiality in the text thereof, in any respect, and otherwise, in any material respect respect, in each case as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any 188 control or (iii) any Credit Party shall contest the validity or enforceability of any of its Subsidiaries Credit Document in writing pursuant hereto or thereto deny in writing that it has any further liability, including with respect to future advances by Lenders, under any Credit Document to which it is a party or in connection herewith shall contest the validity or therewith shall be false perfection of any Lien in any material respect as of Collateral purported to be granted by the date made or deemed madeCollateral Documents; or

Breach of Representations, Etc. Any intentional material misrepresentation of any material representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any Subsidiary of its Subsidiaries Intermediate Holdings in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; oror 116

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be to the terms of the Credit Documents was false in any material respect (or, to the extent such representation and warranty contains qualifications as to materiality, it was false in any respect) as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document Documents or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or;

Breach of Representations, Etc. Any representation, warranty, certification or other statement made or deemed made by or on behalf of any Credit Party in any Credit Document or in any report, certificate or statement or certificate at any time given provided in writing by or on behalf of any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith with any Credit Document shall be false incorrect in any material respect as of the date made or deemed made; or137 [[NYCORP:3374084v15:3156W: 11/13/2012--12:30 p]]