Correct Information. All information, reports and other papers and data with respect to the Borrower or CDOT furnished by the Borrower to the Lender were, at the time the same were so furnished, correct in all material respects. Any financial, budget and other projections furnished by the Borrower to the Lender were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair and reasonable in light of conditions existing at the time of delivery of such financial, budget or other projections, and represented, and as of the date of this representation, represent (subject to the updating or supplementation of any such financial, budget or other projections by any additional information provided to the Lender in writing, the representations contained in this Agreement being limited to financial, budget or other projections as so updated or supplemented), in the judgment of the Borrower, a reasonable, good faith estimate of the information purported to be set forth, it being understood that uncertainty is inherent in any projections and that no assurance can be given that the results set forth in the projections will actually be obtained. No fact is known to the Borrower that materially and adversely affects or in the future may (as far as it can reasonably foresee) materially and adversely affect the security for the Note, or the ability of the Borrower to repay when due the Obligations, that has not been set forth in the financial statements and other documents referred to in this Section 5.12 or in such information, reports, papers and data or otherwise disclosed in writing to the Lender. As of the Closing Date, the documents furnished and statements made by the Borrower in connection with the negotiation, preparation or execution of this Agreement and the other Related Documents do not contain untrue statements of material facts or omit to state material facts necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading.
Appears in 3 contracts
Samples: Loan Agreement, Intra Agency Agreement, Loan Agreement
Correct Information. (a) All information, reports and other papers and data with respect to the Borrower or CDOT Corporation and the other Members of the Obligated Group furnished by the Borrower to the Lender Purchaser were, at the time the same were so furnished, correct in all material respects. Any financial, budget and other projections furnished by the Borrower to the Lender Purchaser were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair and reasonable in light of conditions existing at the time of delivery of such financial, budget or other projections, and represented, and as of the date of this representation, represent (subject to the updating or supplementation of any such financial, budget or other projections by any additional information provided to the Lender Purchaser, in writing, the representations contained in this Agreement herein being limited to financial, budget or other projections as so updated or supplemented), in the judgment of the BorrowerCorporation, a reasonable, good faith estimate of the information purported to be set forth, it being understood that uncertainty is inherent in any projections and that no assurance can be given that the results set forth in the projections will actually be obtained. No fact is known to the Borrower Corporation that materially and adversely affects or in the future may (as far as it can reasonably foresee) materially and adversely affect the security for any of the NoteBonds, or the ability of the Borrower Corporation or any other Member of the Obligated Group to repay when due the Obligationsobligations of the Corporation or such Member of the Obligated Group under this Agreement and the Bond Documents, in each case, to which such Person is a party, that has not been set forth disclosed to the Purchaser or in the financial statements and other documents referred to in this Section 5.12 4.10 or in such information, reports, papers and data or otherwise disclosed in writing to the LenderPurchaser. As of the Closing Date, the The documents furnished and statements made by the Borrower Corporation in connection with the negotiation, preparation or execution of this Agreement and the other Related Bond Documents do not not, taken as a whole, contain untrue statements of material facts or omit to state material facts necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading.
(b) As of the Effective Date, the information included in any Beneficial Ownership Certification provided on or prior to the Effective Date to the Purchaser in connection with this Agreement is true and correct in all respects.
Appears in 2 contracts
Samples: Continuing Covenant Agreement, Continuing Covenant Agreement
Correct Information. All information, reports and other papers and data with respect to the Borrower or CDOT furnished by the Borrower to the Lender were, at the time the same were so furnished, correct in all material respects. Any financial, budget and other projections furnished by the Borrower to the Lender were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair and reasonable in light of conditions existing at the time of delivery of such financial, budget or other projections, and represented, and as of the date of this representation, represent (subject to the updating or supplementation of any such financial, budget or other projections by any additional information provided to the Lender in writing, the representations contained in this Agreement being limited to financial, budget or other projections as so updated or supplemented), in the judgment of the Borrower, a reasonable, good faith estimate of the information purported to be set forth, it being understood that uncertainty is inherent in any projections and that no assurance can be given that the results set forth in the projections will actually be obtained. No fact is known to the Borrower that materially and adversely affects or in the future may (as far as it can reasonably foresee) materially and adversely affect the security for the Note, or the ability of the Borrower to repay when due the Loan Obligations, that has not been set forth in the financial statements and other documents referred to in this Section 5.12 or in such information, reports, papers and data or otherwise disclosed in writing to the Lender. As of the Closing Date, the documents furnished and statements made by the Borrower in connection with the negotiation, preparation or execution of this Agreement and the other Related Documents do not contain untrue statements of material facts or omit to state material facts necessary to make the statements contained therein, in the light of the circumstances under which they were made, not misleading.
Appears in 2 contracts
Samples: Intra Agency Agreement, Loan Agreement