Breach of Warranty. Any written representation, warranty or certification made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 3 contracts
Samples: Credit Agreement (Aki Holding Corp), Credit Agreement (Aki Holding Corp), Credit Agreement (Aki Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party Guarantor in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect (without duplication of materiality qualifiers contained therein) on the date made; or
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Cardlytics, Inc.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by the Borrower or any Loan Party of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person the Borrower or any of its Subsidiaries or in writing pursuant or in connection with any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 2 contracts
Samples: Credit Agreement (Citizens Communications Co), Credit Agreement (Citizens Communications Co)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Credit Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant to or in connection with any Loan Document is false in any material respect (without duplication of materiality qualifiers contained therein) on the date made; or
Appears in 2 contracts
Samples: Credit Agreement (Green Plains Inc.), Credit Agreement (Tempur Pedic International Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Credit Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Credit Party or any of its respective Subsidiaries in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 2 contracts
Samples: Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other. statement made by any Loan Party Borrower in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date mademade (which shall result in an immediate Event of Default); or
Appears in 2 contracts
Samples: Loan Agreement (Vitesse Semiconductor Corp), Loan Agreement (Vitesse Semiconductor Corp)
Breach of Warranty. Any written representation, representation or warranty made or certification deemed made by or on behalf of any Loan Party or any Subsidiary of any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false or any amendment or modification of any Loan Document or waiver under such Loan Document, or in any material respect on the date report, certificate, financial statement or other document furnished pursuant to or in connection with any Loan Document or any amendment or modification thereof or waiver thereunder, shall prove to have been materially incorrect when made or deemed made; or.
Appears in 2 contracts
Samples: Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.), Senior Secured First Lien Term Loan Credit Agreement (Clean Energy Fuels Corp.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification 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 such Person any Loan Party or any of its respective Subsidiaries in writing pursuant or in connection with to any Loan Document is false on the date made or deemed made (i) as stated if such representation or warranty contains an express material qualification or (ii) in any material respect on the date madeif such representation or warranty does not contain such qualification; or
Appears in 2 contracts
Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Credit Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant to or in connection with any Loan Document is false or misleading in any material respect on the date mademade or reaffirmed; or
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Akrion, Inc.), Term Loan and Security Agreement (Akrion, Inc.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or other Transaction Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document or other Transaction Document is false in any material respect on the date made; or
Appears in 2 contracts
Samples: Loan and Security Agreement (Chief Auto Parts Inc), Loan and Security Agreement (Chief Auto Parts Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person Loan Party in writing pursuant hereto or in connection with any Loan Document is herewith shall be false in any material respect on the date as of which made; or
Appears in 2 contracts
Samples: Credit Agreement (Blue Bird Corp), Credit Agreement (Wherehouse Entertainment Inc)
Breach of Warranty. Any written representation, representation or warranty made in writing by or certification made on behalf of a Loan Party or by any officer of a Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or furnished in connection with any Loan Document is the transactions contemplated hereby proves to have been false or incorrect in any material respect on the date as of which made; or;
Appears in 2 contracts
Samples: Credit Agreement (WESTMORELAND COAL Co), Credit Agreement (Westmoreland Coal Co)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by the Borrower or any other Loan Party in any Loan Document or in any statement or certificate at any time given by such Person (or any officer) in writing pursuant to or in connection with any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 2 contracts
Samples: Loan Agreement (Rio Vista Energy Partners Lp), Loan Agreement (Penn Octane Corp)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document as to any material fact is false in any material respect on the date made; or
Appears in 2 contracts
Samples: Credit Agreement (O2wireless Solutions Inc), Credit Agreement (O2wireless Solutions Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party Guarantor in this Agreement or any other Loan Document or in any statement or certificate (including any financial statement or collateral report) at any time given by such Person in writing pursuant to or in connection with any Loan Document is false or misleading in any material respect on the date mademade or reaffirmed; or
Appears in 2 contracts
Samples: Loan and Security Agreement (Rock Energy Resources, Inc.), Loan and Security Agreement (Nexaira Wireless Inc.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or any of its respective Restricted Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party or any of its respective Restricted Subsidiaries in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 2 contracts
Samples: Third Amendment and Confirmation Agreement (ATN International, Inc.), Credit Agreement (Atlantic Tele Network Inc /De)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person Borrower or any Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 2 contracts
Samples: Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Unified Grocers, Inc.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Loan Party or any of its Subsidiaries in writing pursuant to or in connection with any of the Loan Document Documents is false in any material respect on the date made or deemed made; or
Appears in 2 contracts
Samples: Credit Agreement (D&e Communications Inc), Credit Agreement (D&e Communications Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant hereto or in connection with any Loan Document is herewith shall be false in any material respect on the date as of which made; or
Appears in 2 contracts
Samples: Credit Agreement (Borg Warner Security Corp), Credit Agreement (Borg Warner Security Corp)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document herein or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document herewith is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. 110 Any written representation, representation or warranty made or certification deemed made by any Loan Party (or any of its officers) in any Loan Document or in any statement certificate or certificate at any time given by such Person in other writing delivered pursuant thereto shall prove to have been incorrect or in connection with any Loan Document is false misleading in any material respect on the date when made or deemed made; or
Appears in 1 contract
Samples: Reducing Revolving Credit Agreement (Mac Frugals Bargains Close Outs Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false or misleading, in any material respect on the date made; oror (E)
Appears in 1 contract
Samples: Loan and Security Agreement (Perma Fix Environmental Services Inc)
Breach of Warranty. Any written representation, representation or warranty or certification made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any the Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by the Company or any other Loan Party in any Loan Document or in any statement or certificate at any time given by such Person the Company or any other Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or.
Appears in 1 contract
Samples: Credit Agreement (Transportation Technologies Industries Inc)
Breach of Warranty. Any written representation, warranty warranty, ------------------ certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written material representation, warranty warranty, certification or certification other statement made by any Loan Credit Party or any of its respective Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person any Credit Party or any of its respective Subsidiaries in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made or furnished to the Agent or any Lender by any Loan Party Borrower in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party in writing pursuant hereto 146 or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or;
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, ------------------ certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time anytime given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, ------------------ certification or certification other statement made by Borrower or any Loan Party of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Borrower or any of its Subsidiaries in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document (other than the Disbursement Agreement) or in any statement or certificate at any time given by such Person any Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party herein or in any other Loan Document or in any statement or certificate at any time given by such Person any Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Samples: Credit Agreement (Newmarket Corp)
Breach of Warranty. Any written material representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party of its Subsidiaries, in any Loan Document or in any statement or certificate at any time given by such Person Borrower or any of its Subsidiaries in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Samples: Superpriority Debtor in Possession Credit Agreement (Propex Inc.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person any of them in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Credit Party in any Loan Document or in any statement or certificate at any time given by such Person any Credit Party in writing pursuant hereto or in connection with any Loan Document is herewith or therewith, shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Samples: Credit Agreement (Danaher Corp /De/)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party Borrower or any Guarantor in this Agreement or any other Loan Document or in any statement or certificate (including any financial statement or collateral report) at any time given by such Person in writing pursuant to or in connection with any Loan Document is false or misleading in any material respect on the date mademade or reaffirmed; or
Appears in 1 contract
Breach of Warranty. Any written any representation, warranty warranty, -------------------- certification or certification other statement made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Samples: Loan and Security Agreement (Gradall Industries Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party Borrower in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Samples: Loan and Security Agreement (Continental Information Systems Corp)
Breach of Warranty. Any written representation, representation or warranty or certification made by of any Loan Party hereunder or in any other Loan Document or in any statement other writing furnished by or certificate at on behalf of any time given by such Person in writing pursuant Loan Party to the Agent or any Lender for the purposes of or in connection with this Agreement or any such Loan Document is false or shall be incorrect when made in any material respect on the date made; orrespect.
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Credit Party in any Loan Document Document, or by the Borrower or any of its Subsidiaries in any statement or certificate at any time given by the Borrower or any such Person Subsidiary in writing pursuant hereto or thereto, or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Samples: Credit Agreement (Assurant, Inc.)
Breach of Warranty. Any written representation, representation or warranty or certification made by any Loan Party in any Loan Document (including those in Section 4 of this Agreement) or in any statement written report, written statement, or written certificate at any time given after the Closing Date that is required to be provided by such Person in writing pursuant or in connection with the terms of any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or the Sponsor in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party or the Sponsor in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made; or
Appears in 1 contract
Breach of Warranty. Any written representation, representation or warranty or certification made by any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any respect (or in any material respect if such representation or warranty is not by its terms already qualified as to materiality) on the date made (or deemed made); or
Appears in 1 contract
Samples: Loan and Security Agreement (Pizza Inn Holdings, Inc /Mo/)
Breach of Warranty. Any written representation, warranty warranty, certification, or certification other statement made by any Loan Party Borrower in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant to or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Samples: Term Loan and Note Purchase Agreement (Sun Healthcare Group Inc)
Breach of Warranty. Any written material representation, warranty warranty, certification or certification other statement made by Borrower or any other Loan Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Borrower Party or Affiliates thereof in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant or in connection with any Loan Document is false in any respect which is material respect to the interests of Lender on the date made; or
Appears in 1 contract
Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party Party, GP Strategies or ManTech in any Loan Document or in any statement or certificate at any time given by such Person (or any officer or cash manager) in writing pursuant or in connection with any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written material representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party of its Subsidiaries, in any Loan Debt Refinancing Document or in any statement or certificate at any time given by such Person Borrower or any of its Subsidiaries in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification, or certification other statement made by any Loan Party Borrower or Guarantor in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant to or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Samples: Senior Secured Term Loan Agreement (America West Holdings Corp)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party Guarantor in any Loan Document or in any statement or certificate at any time given by such Person Borrower or any Guarantor in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Samples: Credit Agreement
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Loan Party or any of its Subsidiaries in writing pursuant to or in connection with any of the Loan Document Documents is false in any material respect on the date made or deemed made; oror Second Amended and Restated Credit Agreement/D&E Communications, Inc.
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by the Managing Member or any Loan Party in any Loan Document or in any statement or certificate at any time given by such Person the Managing Member or any Loan Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false or incorrect in any material respect on the date as of which made; or
Appears in 1 contract
Samples: Advance Facility Agreement
Breach of Warranty. Any written representation, warranty warranty, certification or certification 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 such Person any Loan Party or any of its respective Subsidiaries in writing pursuant or in connection with to any Loan Document is false on the date made or deemed made (i) as stated if such representation or warranty contains an express materiality qualification or (ii) in any material respect on the date madeif such representation or warranty does not contain such qualification; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by Borrower or any Loan Party of its Significant Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Borrower or any of its Significant Subsidiaries in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or any of their respective Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party or any of their respective Subsidiaries in writing pursuant or in connection with to any Loan Document is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Credit Party in any Loan Document or in any statement or certificate at any time given by such Person in writing pursuant to, or in connection with with, any Loan Document is false in any material respect (without duplication of materiality qualifiers contained therein) on the date made; or
Appears in 1 contract
Samples: Credit Agreement (TNS Inc)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person Borrower or any of its Subsidiaries in writing pursuant to or in connection with any of the Loan Document Documents is false in any material respect on the date made or deemed made; or
Appears in 1 contract
Breach of Warranty. Any written representation, representation or warranty or certification made by any Loan Credit Party in any Loan Document or in any statement or certificate at any time given by such Person any Credit Party in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of when made; or
Appears in 1 contract
Samples: Subordinated Credit Agreement (Lower Road Associates LLC)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by such Person any Loan Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection with any Loan Document is herewith or therewith shall be false in any material respect on the date as of which made (or deemed made); or
Appears in 1 contract
Samples: Credit Agreement (Rose Hills Co)
Breach of Warranty. Any written representation, warranty warranty, certification or certification other statement made by any Loan Party Borrower or Parent in any Loan Document or in any statement or certificate at any time given by such Person Borrower or Parent in writing pursuant or in connection with any Loan Document is false in any material respect on the date made; or
Appears in 1 contract
Samples: Receivables Purchasing Agreement (Western Publishing Group Inc)