Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being untrue in any material respect as of the date made or deemed made and such incorrect representation or warranty if curable (including by a restatement of any relevant financial statements) shall remain incorrect for a period of 30 days after notice thereof from the Administrative Agent to the Borrower; or
Appears in 10 contracts
Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), Fourth Amendment to the First Lien Credit Agreement (Waystar Holding Corp.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being shall be untrue in any material respect as of the date made or deemed made and made; provided, however that with respect to any Specified Acquisition Agreement Representation, only if such incorrect representation or warranty if curable (including by a restatement of Specified Acquisition Agreement Representation shall be untrue in any relevant financial statements) shall remain incorrect for a period of material respect on any day occurring more than 30 days after notice thereof from the Administrative Agent to the BorrowerClosing Date; or
Appears in 7 contracts
Samples: Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals PLC)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document or in any certificate required to be delivered in connection herewith or therewith (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being untrue or incorrect in any material respect (or untrue or incorrect in any respect with respect to any representation, warranty or certification that is already qualified by “materiality”, “Material Adverse Effect” or similar language) as of the date made or deemed made and such incorrect representation or warranty if curable (including by a restatement of any relevant financial statements) shall remain incorrect for a period of 30 days after notice thereof from the Administrative Agent to the Borrowermade; or
Appears in 6 contracts
Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith (including, for the avoidance of doubt, the Perfection Certificate) being untrue in any material respect as of the date made or deemed made and such incorrect representation or warranty (if curable (curable, including by a restatement of any relevant financial statements) shall remain incorrect for a period of 30 days after written notice thereof from the Administrative Agent to the BorrowerBorrower Representative; or
Appears in 4 contracts
Samples: Credit Agreement (Knowlton Development Corp Inc), Incremental Amendment to Credit Agreement (Knowlton Development Corp Inc), Incremental Amendment to Credit Agreement (Knowlton Development Parent, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being untrue in any material respect as of the date made or deemed made and such incorrect representation or warranty if curable (including by a restatement of any relevant financial statements) shall remain incorrect for a period of 30 days after notice thereof from the Administrative Agent to the Parent Borrower; or
Appears in 3 contracts
Samples: Credit Agreement (Certara, Inc.), Credit Agreement (Certara, Inc.), Credit Agreement (Certara, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate or document required to be delivered in connection herewith or therewith being shall be untrue in any material respect as of the date made or deemed made and such incorrect representation or warranty (subject, if curable (including by curable, to a restatement of any relevant financial statements) shall remain incorrect for a grace period of 30 days after following the earlier of (x) knowledge by the Borrower or (y) written notice thereof from the Administrative Agent to the Borrower; orAgent);
Appears in 3 contracts
Samples: Incremental Joinder to First Lien Credit Agreement (Post Holdings, Inc.), Second Lien Credit Agreement (Post Holdings, Inc.), First Lien Credit Agreement (Post Holdings, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being (including, for the avoidance of doubt, any Perfection Certificate), shall be untrue in any material respect as of the date made or deemed made and such incorrect representation untrue representation, warranty or warranty if curable (including by a restatement of any relevant financial statements) certification shall remain incorrect untrue for a period of 30 days after notice thereof from the Administrative Agent to Parent (which notice shall only be given at the Borrowerdirection of the Required Lenders); or
Appears in 3 contracts
Samples: Credit Agreement (Reynolds Consumer Products Inc.), Credit Agreement (Reynolds Consumer Products Inc.), Credit Agreement (Reynolds Consumer Products Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being untrue in any material respect as of the date made or deemed made and such incorrect representation or warranty if curable (including by a restatement and, in the case of any relevant financial statements) shall remain incorrect for such representation, warranty or certification capable of cure, such representation, warranty or certification remains untrue in any material respect after a period of 30 days after the date upon which the Borrower Representative has received written notice thereof of the same from the Administrative Agent to the BorrowerAgent; or
Appears in 2 contracts
Samples: Credit Agreement (Brookfield Property REIT Inc.), Credit Agreement (Brookfield Property REIT Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being (including, for the avoidance of doubt, any Perfection Certificate) shall be untrue in any material respect as of the date made or deemed made and such incorrect representation untrue representation, warranty or warranty if curable (including by a restatement of any relevant financial statements) certification shall remain incorrect untrue for a period of 30 days after notice thereof from the Administrative Agent to the BorrowerParent; or
Appears in 2 contracts
Samples: Credit Agreement (Bausch Health Companies Inc.), Restatement Agreement (Valeant Pharmaceuticals International, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate or document required to be delivered in connection herewith or therewith being shall be untrue in any material respect as of the date made or deemed made made, and such incorrect representation or warranty (if curable (curable, including by a restatement of any relevant financial statements) shall remain incorrect for a period of 30 days after notice thereof from of the Administrative Agent to the Borroweroccurrence thereof; or
Appears in 2 contracts
Samples: Secured Seller Note Agreement (American Water Works Company, Inc.), Secured Seller Note Agreement (American Water Works Company, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith (including, for the avoidance of doubt, any Perfection Certificate) being untrue in any material respect as of the date made or deemed made and in each case, to the extent capable of being cured, such incorrect untrue representation or warranty if curable (including by a restatement of any relevant financial statements) shall remain incorrect untrue for a period of 30 days after notice thereof from the Administrative Agent to the Borrowerthirty (30) days; or
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Leslie's, Inc.), Term Loan Credit Agreement (Leslie's, Inc.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being (including, for the avoidance of doubt, any Perfection Certificate), shall be untrue in any material respect as of the date made or deemed made and such incorrect representation untrue representation, warranty or warranty if curable (including by a restatement of any relevant financial statements) certification shall remain incorrect untrue for a period of 30 days after notice thereof from the Administrative Agent to the BorrowerCompany (which notice shall only be given at the direction of the Required Lenders); or
Appears in 1 contract
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being (including, for the avoidance of doubt, any Perfection Certificate) shall be untrue in any material respect as of the date made or deemed made and such incorrect representation untrue representation, warranty or warranty if curable (including by a restatement of any relevant financial statements) certification shall remain incorrect untrue for a period of 30 days after notice thereof from the Administrative Agent to the BorrowerBorrower (which notice shall only be given at the direction of the Required Lenders); or
Appears in 1 contract
Samples: First Lien Credit Agreement (Isos Acquisition Corp.)
Breach of Representations, Etc. Any representation, warranty or certification made or deemed made by any Loan Party in any Loan Document (including, for the avoidance of doubt, any Perfection Certificate or any Perfection Certificate Supplement) or in any certificate required to be delivered in connection herewith or therewith being shall be untrue in any material respect as of the date made or deemed made and such incorrect representation representation, warranty or warranty certification (if curable (including by a restatement of any relevant financial statementscurable) shall remain incorrect untrue in any material respect for a period of 30 days after written notice thereof from the Administrative Agent to the Borrower; or;
Appears in 1 contract