Common use of Breach of Warranty Clause in Contracts

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 204 contracts

Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (Hallador Energy Co), Credit Agreement (Nacco Industries Inc)

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Breach of Warranty. Any representation representation, warranty, certification or warranty other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by any of the Loan Parties herein or by any of the Loan Parties such Person in any other Loan Document, writing pursuant or in connection with any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been Loan Document is false or misleading in any material respect as of on the time it was made or furnished;date made; or

Appears in 38 contracts

Samples: Loan and Security Agreement, Credit Agreement (Recoton Corp), Loan and Security Agreement (Beacon Roofing Supply Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading incorrect in any material respect as of the time it was made or furnished;

Appears in 28 contracts

Samples: Revolving Credit Facility (CNX Resources Corp), Revolving Credit Facility (CNX Resources Corp), Revolving Credit Facility (CNX Resources Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 24 contracts

Samples: Term Loan Agreement (Ipalco Enterprises, Inc.), Term Loan Agreement (Dayton Power & Light Co), Term Loan Agreement (Ipalco Enterprises, Inc.)

Breach of Warranty. Any representation or warranty made at any time by any of the Borrower or any other Loan Parties Party herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 13 contracts

Samples: Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc), Credit Agreement (Triumph Group Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties Borrower in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 11 contracts

Samples: Revolving Credit Facility (Erie Indemnity Co), Credit Agreement (Erie Indemnity Co), Credit Agreement (Erie Indemnity Co)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrowers herein or by any of the Loan Parties Borrowers in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 10 contracts

Samples: Credit Agreement (RPM International Inc/De/), Credit Agreement (RPM International Inc/De/), Credit Agreement (RPM International Inc/De/)

Breach of Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnishedfurnished (i) as stated if such representation or warranty contains an express materiality qualification or (ii) in any material respect if such representation or warranty does not contain such qualification;

Appears in 8 contracts

Samples: Credit Agreement (Andersons, Inc.), Credit Agreement (Nuvera Communications, Inc.), Credit Agreement (Nuvera Communications, Inc.)

Breach of Warranty. Any If any representation or warranty made at by or on behalf of any time by Obligor in or pursuant to any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, Instruments or in any certificate, other instrument or statement document furnished pursuant to in compliance with the provisions hereof or thereof, Loan Instruments shall prove to have been be false or misleading in any material respect as of the time it was made or furnished;respect.

Appears in 8 contracts

Samples: Loan Agreement (Aquis Communications Group Inc), Loan Agreement (Aquis Communications Group Inc), Loan Agreement (Ich Corp /De/)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 6 contracts

Samples: Credit Agreement (Moog Inc.), Credit Agreement (Moog Inc.), Credit Agreement (Arch Coal Inc)

Breach of Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 6 contracts

Samples: Term Loan Credit Agreement (Seaboard Corp /De/), Credit Agreement (Andersons, Inc.), 364 Day Revolving Credit Agreement (Seaboard Corp /De/)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false untrue or misleading in any material respect as of the time it was made or furnished;

Appears in 5 contracts

Samples: Credit Agreement (Steel Partners Holdings L.P.), Revolving Credit Agreement (Steel Partners Holdings L.P.), Credit Agreement (Steel Partners Holdings L.P.)

Breach of Warranty. Any representation or warranty or certification made at or furnished by the Borrower under any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, Document shall prove to have been false or misleading incorrect in any material respect as of the time it was when made (or furnished;deemed made); or

Appears in 5 contracts

Samples: Credit Agreement (Ipsco Tubulars Inc), Credit Agreement (Ipsco Tubulars Inc), Senior Secured Credit Agreement (Adflex Solutions Inc)

Breach of Warranty. Any representation or warranty made by any Loan Party in any Loan Document or in any statement or certificate at any time given by any of the Loan Parties herein Party in writing pursuant hereto or by any of the Loan Parties in any other Loan Document, thereto or in any certificate, other instrument connection herewith or statement furnished pursuant to the provisions hereof or thereof, therewith shall prove to have been be false or misleading in any material respect on the date as of the time it was which made or furnished;deemed made; or

Appears in 5 contracts

Samples: Secured Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Owens Illinois Inc /De/), Credit Agreement (Owens Illinois Group Inc)

Breach of Warranty. Any representation representation, warranty or warranty statement made at any time or deemed made by any of the Loan Parties Party herein or by any of the Loan Parties in any other Loan Document, Document or in any certificate, statement, report or other instrument document delivered or statement furnished required to be delivered pursuant to the provisions hereof hereto or thereof, thereto shall prove to have been false or misleading be untrue in any material respect on the date as of the time it was which made or furnished;deemed made; or

Appears in 5 contracts

Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp), 364 Day Credit Agreement (Taylor Morrison Home Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties Borrower in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (or in the case of any representation or warranty qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall prove to have been false or misleading in any respect) as of the time it was made, deemed made or furnished;; or

Appears in 5 contracts

Samples: Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp)

Breach of Warranty. Any representation representation, warranty, certification or warranty other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by any of the Loan Parties herein or by any of the Loan Parties such Person in any other Loan Document, writing pursuant or in connection with any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been Loan Document is false or misleading in any material respect as (without duplication of materiality qualifiers contained therein) on the time it was made or furnished;date made; or

Appears in 4 contracts

Samples: Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp), Credit Agreement (Addus HomeCare Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (other than a representation or warranty this is expressly qualified by Material Adverse Change or other materiality qualified, in which case such representation or warranty proves to be incurred in any respect) as of the time it was made, deemed made or furnished;; or

Appears in 4 contracts

Samples: Incremental Facility Amendment to Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)

Breach of Warranty. Any representation or warranty (x) made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereofthereof or (y) in the certificate delivered pursuant to Section 7.1.1(h)(ii) [Deliveries], shall prove to have been false or misleading incorrect in any material respect as of the time it was made or furnished;

Appears in 4 contracts

Samples: Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.), Credit Agreement (CONSOL Energy Inc.)

Breach of Warranty. Any representation of the representations or warranty warranties made at any time by in any of the Loan Parties herein or Documents by any of the Loan Parties in any other Loan Document, Borrower or in any certificate, other instrument statement or statement furnished certificate at any time given by the Borrower in writing pursuant to the provisions hereof any Loan Document or thereof, in connection therewith shall prove to have been be false or misleading in any material respect on the date as of the time it was made or furnished;which made; or

Appears in 4 contracts

Samples: Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD), Credit Agreement (Universal City Development Partners LTD)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (or, in the case of any such representation or warranty qualified as to the materiality, in any respect) as of the time it was made or furnished;

Appears in 4 contracts

Samples: Credit Agreement (Healthcare Services Group Inc), Credit Agreement (Vertex, Inc.), Credit Agreement (Gp Strategies Corp)

Breach of Warranty. Any representation representation, warranty, certification or warranty other statement made by Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Borrower or any of the Loan Parties herein or by any of the Loan Parties its Subsidiaries in any other Loan Document, or in any certificate, other instrument or statement furnished writing pursuant to the provisions hereof or thereof, shall prove to have been any Loan Document is false or misleading in any material respect as of on the time it was date made or furnished;deemed made; or

Appears in 4 contracts

Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Surewest Communications), Credit Agreement (Surewest Communications)

Breach of Warranty. Any representation or warranty made at any time by any of Holdings and the Loan Parties Material Subsidiaries herein or by any of Holdings and the Loan Parties Material Subsidiaries in any other Loan Document, or in any certificate, other instrument instrument, or statement furnished by Holdings or a Material Subsidiary pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 4 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (without duplication of any materiality qualifier contained therein) as of the time it was made or furnished;

Appears in 4 contracts

Samples: Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Stoneridge Inc), Credit Agreement (Stoneridge Inc)

Breach of Warranty. Any representation representation, warranty, certification ------------------ or warranty other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by any of the Loan Parties herein or by any of the Loan Parties such Person in any other Loan Document, writing pursuant or in connection with any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been Loan Document is false or misleading in any material respect as of on the time it was made or furnished;date made; or

Appears in 4 contracts

Samples: Credit Agreement (Opinion Research Corp), Loan and Security Agreement (Tower Air Inc), Loan and Security Agreement (Tower Air Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; 8.

Appears in 4 contracts

Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Term Loan Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or written statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading untrue in any material respect as of the time it was made or furnishedfurnished (or shall prove to have been untrue in any respect as of the time it was made or furnished if such representation or warranty was already qualified by materiality);

Appears in 3 contracts

Samples: Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.), Credit Agreement (Helios Technologies, Inc.)

Breach of Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, Document shall prove to have been false or misleading in any material respect as of the time it was made or furnished;furnished (i) as stated if such representation or warranty contains an express materiality qualification or (ii) in any material respect if such representation or warranty does not contain such qualification.

Appears in 3 contracts

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)

Breach of Warranty. Any representation or warranty made at or deemed made by the Borrower or any time by any of the Loan Parties herein Party in this Agreement, or by any of the Loan Parties in any other Loan Document, Document to which it is a party or in any certificate, other instrument certificate delivered by the Borrower or statement furnished any Loan Party pursuant to the provisions hereof this Agreement or thereof, any other Loan Document shall prove to have been false or misleading in any material respect as of the time it was made or furnished;deemed made; or

Appears in 3 contracts

Samples: Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data Facilities Company, Inc.), Credit Agreement (Switch & Data, Inc.)

Breach of Warranty. Any representation representation, warranty, certification or warranty other statement made by any Loan Party or any of its respective Subsidiaries in any Loan Document or in any statement or certificate at any time given by any of the Loan Parties herein Party or by any of the Loan Parties its respective Subsidiaries in any other Loan Document, or in any certificate, other instrument or statement furnished writing pursuant to the provisions hereof or thereof, shall prove to have been any Loan Document is false or misleading in any material respect as of on the time it was date made or furnished;deemed made; or

Appears in 3 contracts

Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De)

Breach of Warranty. Any representation or warranty made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made, deemed made or furnished;; or

Appears in 3 contracts

Samples: Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; or

Appears in 3 contracts

Samples: Credit Agreement (Meridian Bioscience Inc), Credit Agreement (Pegasystems Inc), Credit Agreement (Meridian Bioscience Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; 9.

Appears in 3 contracts

Samples: Credit Agreement (DLH Holdings Corp.), Revolving Credit Facility (Big Lots Inc), Credit Agreement (DLH Holdings Corp.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 3 contracts

Samples: Credit Agreement (Interface Security Systems, L.L.C.), Credit Agreement (Interface Security Systems Holdings Inc), Credit Agreement (Integrated Alarm Services Group Inc)

Breach of Warranty. Any representation representation, warranty, certification or warranty ------------------ other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by any of the Loan Parties herein or by any of the Loan Parties such Person in any other Loan Document, writing pursuant or in connection with any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been Loan Document is false or misleading in any material respect as of on the time it was made or furnished;date made; or

Appears in 3 contracts

Samples: Loan and Security Agreement (Banctec Inc), Loan and Security Agreement (Right Start Inc /Ca), Loan and Security Agreement (North Face Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made, deemed made or furnished;; or

Appears in 3 contracts

Samples: Credit Agreement (Aimco OP L.P.), Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Aimco Properties L.P.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties or RSC herein or by any of the Loan Parties or RSC in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 3 contracts

Samples: Revolving Credit Facility (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 2 contracts

Samples: Credit Agreement (Triumph Group Inc /), Term Loan Credit Agreement (Champion Industries Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the other Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 2 contracts

Samples: Credit Agreement (Arch Coal Inc), Credit Agreement (Mountain Coal Co LLC)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnishedfurnished (or shall prove to have been false or misleading in any respect as of the time it was made or furnished if such representation or warranty was already qualified by materiality);

Appears in 2 contracts

Samples: Credit Agreement (Sun Hydraulics Corp), Revolving Credit Facility (Sun Hydraulics Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading incorrect in any material respect as of the time it was made or furnished;.

Appears in 2 contracts

Samples: Credit Agreement (Arch Coal Inc), Credit Agreement (Arch Coal Inc)

Breach of Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;furnished (i) as stated if such representation or warranty contains an express materiality qualification or (ii) in any material respect if such representation or warranty does not contain such qualification.

Appears in 2 contracts

Samples: Credit Agreement (Alaska Communications Systems Group Inc), Credit Agreement (Alaska Communications Systems Group Inc)

Breach of Warranty. Any representation or warranty or certification made at any time or furnished by any of Borrower Party under this Agreement or the Loan Parties herein or by any of the Loan Parties in any other Loan DocumentDocuments or any agreement, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, document contemplated hereby and thereby shall prove to have been false or misleading incorrect in any material respect as of the time it was when made (or furnished;deemed made); or

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Macerich Co), Credit and Guaranty Agreement (Macerich Co)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument instrument, or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 2 contracts

Samples: Credit Agreement (Westinghouse Air Brake Technologies Corp), Convertible Revolving Credit Facility (Ptek Holdings Inc)

Breach of Warranty. Any representation or warranty or certification made at any time or furnished by any of the Borrower Party under any Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, Document shall prove to have been false or misleading incorrect in any material Material respect as of the time it was when made (or furnished;deemed made); or

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)

Breach of Warranty. Any If any representation or warranty made at any time by or on behalf of Borrower or Guarantor in or pursuant to any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, Instruments or in any certificate, other instrument or statement document furnished pursuant to in compliance with the provisions hereof or thereof, Loan Instruments shall prove to have been be false or misleading in any material respect as of the time it was made or furnished;respect.

Appears in 2 contracts

Samples: Loan Agreement (Us 1 Industries Inc), Loan Agreement (Us 1 Industries Inc)

Breach of Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; ​

Appears in 1 contract

Samples: Term Loan Credit Agreement (Seaboard Corp /De/)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties Borrower in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Superconductor Technologies Inc)

Breach of Warranty. Any representation or warranty made at any time or deemed made by any of the Loan Parties Obligor herein or by any of the Loan Parties in any other Loan Document, Document or that is contained in any certificate, document or financial or other instrument or statement furnished pursuant to the provisions hereof by it at any time under or thereof, in connection with this Agreement or any such other Loan Document shall prove to have been false or misleading inaccurate in any material respect on or as of the time it was date made or furnished;deemed made.

Appears in 1 contract

Samples: Credit Agreement (General Bearing Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties Borrower in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (or in the case of any representation or warranty qualified by materiality or reference to the absence of a Material Adverse Change, in which event shall prove to have been false or misleading in any respect) as of the time it was made, deemed made or furnished;; or 82 135035202_4

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Chesapeake Utilities Corp)

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Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrowers herein or by any of the Loan Parties Borrowers in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; 8.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Financial Corp)

Breach of Warranty. Any representation or warranty (x) made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereofthereof or (y) in the certificate delivered pursuant to Section 7.1.1(h)(ii) [Deliveries] of this Agreement as in effect on the Closing Date, shall prove to have been false or misleading incorrect in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (CONSOL Energy Inc.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Documentdeemed made herein, or in any of the other Loan Documents or which is contained in any certificate, document or financial or other instrument or statement furnished pursuant to the provisions hereof at any time under or thereof, in connection with this Agreement shall prove to have been false false, misleading or misleading incorrect in any material respect on or as of the time it was date made or furnished;deemed made; or

Appears in 1 contract

Samples: Unsecured Senior Note and Warrant Purchase Agreement (Sleepmaster LLC)

Breach of Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Term Loan Credit Agreement (Seaboard Corp /De/)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading incorrect in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or {N0221554 } - 86 - thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (DLH Holdings Corp.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (New Jersey Resources Corp)

Breach of Warranty. Any representation or warranty made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; or

Appears in 1 contract

Samples: Credit Agreement (Richardson Electronics, Ltd.)

Breach of Warranty. Any If any representation or warranty made at by or ------------------ on behalf of any time by Borrower in or pursuant to any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, Instruments or in any certificate, other instrument or statement document furnished pursuant to in compliance with the provisions hereof or thereof, Loan Instruments shall prove to have been be false or misleading in any material respect as of the time it was when made or furnished;deemed to be made.

Appears in 1 contract

Samples: Loan Agreement (Red Robin Gourmet Burgers Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility (Shotspotter, Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties Borrower in any other Loan Document, Document or in any certificate, other instrument statement or statement furnished certificate affirming representations or warranties given in any Loan Document given by Borrower in writing pursuant to the provisions hereof hereto or thereof, thereto or in connection herewith or therewith shall prove to have been be false or misleading in any material respect on the date as of the time it was made or furnished;when made; or

Appears in 1 contract

Samples: Senior Credit Agreement (Hylete)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; (

Appears in 1 contract

Samples: Credit Agreement (Ipalco Enterprises, Inc.)

Breach of Warranty. Any representation or warranty made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or deemed made, or furnished;

Appears in 1 contract

Samples: Senior Multi Currency Revolving Credit Facility (Viasys Healthcare Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; 8.

Appears in 1 contract

Samples: Credit Agreement (Moog Inc.)

Breach of Warranty. Any representation or warranty made at any time by the Borrower or any of the other Loan Parties Party herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Triumph Group Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement certificate furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Revolving Credit Facility (Respironics Inc)

Breach of Warranty. PRN1 883012 84 Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties in any other Loan DocumentDocument to which it is a party, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Revolving Credit Facility (Advanced Drainage Systems, Inc.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower herein or by any of the Loan Parties Borrower in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; (

Appears in 1 contract

Samples: Credit Agreement (Erie Indemnity Co)

Breach of Warranty. Any representation or warranty made or deemed made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (or, in the case of any such representation or warranty qualified as to the materiality, in any respect) as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Vertex, Inc.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties Borrower and the Material Subsidiaries herein or by any of the Loan Parties Borrower and the Material Subsidiaries in any other Loan Document, or in any certificate, other instrument instrument, or statement furnished by Borrower or a Material Subsidiary pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Ace LTD)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; 9

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Gentex Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;; Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Hallador Energy Co)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (other than a representation or warranty this is expressly qualified by Material Adverse Change or other materiality qualified, in which case such representation or warranty proves to be incurred in any respect) as of the time it was made, deemed made or furnished;; or ​ ​

Appears in 1 contract

Samples: Credit Agreement (Cadre Holdings, Inc.)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (or, in the case of any such representation and warranty that is qualified by materiality or reference to Material Adverse Change, in any respect) as of the time it was made, deemed made or furnished;; or

Appears in 1 contract

Samples: Credit Agreement (ICF International, Inc.)

Breach of Warranty. Any representation or warranty made at any time or deemed made by any of the Loan Parties herein Party in this Agreement, any Loan Document or by any of the Loan Parties in any other Loan Document, related agreement or in any certificate, document or financial or other instrument or statement furnished pursuant to the provisions hereof at any time in connection herewith or thereof, therewith shall prove to have been false or misleading in any material respect as of on the time it was date when made or furnished;deemed to have been made; or

Appears in 1 contract

Samples: Loan and Security Agreement (Dri Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any respect which is material respect (whether material to the representation or warranty itself, taken as a whole, or otherwise material) as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Breeze-Eastern Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereofthereof , including with respect to Section 6.1.9 and irrespective of the actual knowledge of any Borrower, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Revolving Credit Agreement (Tb Woods Corp)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect (or, in the case of any representation or warranty contained in Section 5.1.22, false or misleading in any respect, after taking into account any materiality thresholds incorporated therein) as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other 219962390 instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Credit Agreement (Big Lots Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or in writing by any of the Loan Parties in any other Loan Document, Document or in any certificate, other instrument certificate or statement furnished pursuant to the provisions hereof or thereof, in connection therewith shall prove to have been false or misleading in any material respect as of the time it was made or furnisheddate made;

Appears in 1 contract

Samples: Credit Agreement (Bob Evans Farms Inc)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made (or deemed made) or furnished;

Appears in 1 contract

Samples: Credit Agreement (Ferroglobe PLC)

Breach of Warranty. Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, certificate or other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

Appears in 1 contract

Samples: Revolving Credit Facility (Invacare Corp)

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