Common use of Breach of Representations, Etc Clause in Contracts

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings (or Holdings as Servicer) in any Credit Document or in any statement or certificate at any time given by Company or Holdings (or Holdings as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company or Holdings becoming aware of such default, or (ii) receipt by Company of notice from any Agent or Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings (or Holdings as Servicer) in any Credit Document or in any statement or certificate at any time given by Company or Holdings (or Holdings as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and and, if capable of being remedied, such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company or Holdings becoming aware of such default, or (ii) receipt by Company of notice from any Agent or Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings Seller (or Holdings Seller as Servicer) in any Credit Document or in any statement or certificate at any time given by Company or Holdings Seller (or Holdings Seller as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company or Holdings Seller becoming aware of such default, or (ii) receipt by Company of written notice from any the Administrative Agent or any Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings (or Holdings On Deck as Servicer) in any Credit Document or in any statement or certificate at any time given by Company or Holdings (or Holdings On Deck as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company Company, On Deck or Holdings becoming aware of such default, or (ii) receipt by Company of notice from any Agent or Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company Company, FlexLending or Holdings Seller (or Holdings Seller as Servicer) in any Credit Document or in any statement or certificate at any time given by Company Company, FlexLending or Holdings Seller (or Holdings Seller as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company Company, FlexLending or Holdings Seller becoming aware of such default, or (ii) receipt by Company of written notice from any the Administrative Agent or any Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company the Borrower or Holdings (or Holdings as Servicer) the Servicer in any Credit Document or in any statement or certificate at any time given by Company the Borrower or Holdings (or Holdings as Servicer) the Servicer in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of of: (i) an Authorized Officer of Company the Borrower or Holdings the Servicer becoming aware of such default, or (ii) receipt by Company the Borrower of notice from any Agent or Lender of such default; oror (e)

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings (or Holdings as Servicer) in any Credit Funding Document or in any statement or certificate at any time given by Company or Holdings (or Holdings as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company or Holdings becoming aware of such default, or (ii) receipt by Company of notice from any Agent or Lender Purchaser of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings (or Holdings as Servicer) in any Credit Document or in any statement or certificate at any time given by Company or Holdings (or Holdings as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of LEGAL_US_E # 152147085.3152147085.12 Company or Holdings becoming aware of such default, or (ii) receipt by Company of notice from any Agent or Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company the Borrower or Holdings (or Holdings as Servicer) the Servicer in any Credit Document or in any statement or certificate at any time given by Company the Borrower or Holdings (or Holdings as Servicer) the Servicer in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of of: (i) an Authorized Officer of Company the Borrower or Holdings the Servicer becoming aware of such default, or (ii) receipt by Company the Borrower of notice from any Agent or Lender of such default; or

Breach of Representations, Etc. Any representation or warranty, certification or other statement made or deemed made by Company or Holdings (or Holdings as Servicer) in any Credit Document or in any statement or certificate at any time given by Company or Holdings (or Holdings as Servicer) in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect, other than any representation, warranty, certification or other statement which is qualified by materiality or “Material Adverse Effect”, in which case, such representation, warranty, certification or other statement shall be true and correct in all respects, in each case, as of the date made or deemed made and such default shall not have been remedied or waived within thirty (30) days after the earlier of (i) an Authorized Officer of Company or Holdings becoming aware of such default, or (ii) receipt by Company of notice from any Agent or Lender of such default; oror EAST\142259790.4 86