Common use of Disclosure; No Material Misstatements Clause in Contracts

Disclosure; No Material Misstatements. No written ---------------------------------------- information, statement, exhibit, certificate, document or report furnished to either the Administrative Agent or the Lenders by the Borrower or any of its Affiliates in connection with the negotiation of this Agreement and the other Loan Documents contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made and with respect to the Borrower and its Affiliates taken as a whole. There is no fact peculiar to the Borrower or any of its Affiliates which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and the Lenders by or on behalf of the Borrower or its Affiliates prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report that are based upon or include misleading information or fail to take into account material information regarding the matters report therein.

Disclosure; No Material Misstatements. No written ---------------------------------------- informationNone of the reports, statementfinancial statements, exhibit, certificate, document certificates or report other information furnished by or on behalf of any Debtor to either the Administrative Agent or the Lenders by the Borrower any Lender or any of its their Affiliates in connection with the negotiation of this Agreement and the or any other Loan Documents contained Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omitted omits to state a any material fact or any fact necessary to make the statement contained therein not materially misleading statements therein, in the light of the circumstances in under which made and they were made, not misleading; provided that, with respect to projected financial information, the Borrower and its Affiliates taken as a wholerepresents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time. There is no fact peculiar to any Debtor other than as set forth in the Borrower or any of its Affiliates which has DIP Orders that could reasonably be expected to have a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, Agreement or the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and or the Lenders by or on behalf of the Borrower or its Affiliates any Debtor prior to, or on, the Effective Date date hereof in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report that which are based upon or include misleading information or fail to take into account material information regarding the matters report reported therein.

Disclosure; No Material Misstatements. No None of the written ---------------------------------------- information, statementstatements, exhibitexhibits, certificatecertificates, document documents or report reports furnished to either the Administrative Agent or the Lenders by the Borrower or any of its Affiliates in connection with the negotiation of this Agreement and the other Loan Documents and Agent’s and Lenders’ related “due diligence” review of Borrower’s business condition, operations and prospects, contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made and with respect to each member of the Borrower and its Affiliates Group taken as a whole. There is no fact peculiar to any member of the Borrower or any of its Affiliates Group which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and or the Lenders by or on behalf of any member of the Borrower or its Affiliates Group prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any the Initial Reserve Report that are based upon or include misleading information or fail to take into account material information regarding the matters report reported therein.

Disclosure; No Material Misstatements. No None of the written ---------------------------------------- information, statementstatements, exhibitexhibits, certificatecertificates, document documents or report reports furnished to either the Administrative Agent or the Lenders by the Borrower Loan Parties or any of its their Affiliates in connection with the negotiation of this Agreement and the other Loan Documents contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made made, as of the time made, and with respect to the Borrower and its Affiliates taken as a whole. There is no fact peculiar to the Borrower any Loan Party or any of its their Affiliates which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and the Lenders by or on behalf of the Borrower Loan Parties or its their Affiliates prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report taken as a whole that are based upon or include misleading information or fail to take into account material information regarding the matters report thereinreported therein which is (i) supplied by or on behalf of the Borrower, or (ii) though the information is not supplied by the Borrower, the Borrower has actual knowledge of its misleading nature.

Disclosure; No Material Misstatements. No written ---------------------------------------- information, statement, exhibit, certificate, document or report furnished to either the Administrative Agent or the Lenders by the Borrower or any of its Affiliates in connection with the negotiation of this Agreement and the other Loan Documents contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made and with respect to the Borrower and its Affiliates Affiliates, taken as a whole. There is no fact peculiar to the Borrower or any of its Affiliates which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now reasonably foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and the Lenders by or on behalf of the Borrower or its Affiliates prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report taken as a whole that are based upon or include misleading information or fail to take into account material information regarding the matters report therein.

Disclosure; No Material Misstatements. No None of the written ---------------------------------------- information, statementstatements, exhibitexhibits, certificatecertificates, document documents or report reports furnished to either the Administrative Agent or the Lenders by the Borrower or any of its Affiliates in connection with the negotiation of this Agreement and the other Loan Documents contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made and with respect to the Borrower and its Affiliates taken as a whole. There is no fact peculiar to the Borrower or any of its Affiliates which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and the Lenders by or on behalf of the Borrower or its Affiliates prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report taken as a whole that are based upon or include misleading information or fail to take into account material information regarding the matters report thereinreported therein which is (i) supplied by or on behalf of the Borrower, or (ii) though the information is not supplied by the Borrower, the Borrower has actual knowledge of its misleading nature.

Disclosure; No Material Misstatements. No None of the written ---------------------------------------- information, statementstatements, exhibitexhibits, certificatecertificates, document documents or report reports furnished to either the Administrative Agent or the Lenders by the Borrower or any of its Affiliates in connection with the negotiation of this Agreement and the other Loan Documents contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made and with respect to the Borrower and its Affiliates taken as a whole. There is no fact peculiar to the Borrower or any of its Affiliates which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and the Lenders by or on behalf of the Borrower or its Affiliates prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report taken as a whole that are based upon or include misleading information or fail to take into account material information regarding the matters report thereinreported therein which is (i) supplied by or on behalf of the Borrower or (ii) though the information is not supplied by the Borrower, the Borrower has actual knowledge of its misleading nature.

Disclosure; No Material Misstatements. No written ---------------------------------------- information, statement, exhibit, certificate, document or report furnished to either the Administrative Agent or the Lenders by Parent, the Borrower or any of its their Affiliates in connection with the negotiation of this Agreement and the other Loan Documents contained any material misstatement of fact or omitted to state a material fact or any fact necessary to make the statement contained therein not materially misleading in the light of the circumstances in which made and with respect to Parent, the Borrower and its their Affiliates taken as a whole. There is no fact peculiar to Parent, the Borrower or any of its their Affiliates which has a Material Adverse Effect or in the future is reasonably likely to have (so far as the Parent and Borrower can now foresee) a Material Adverse Effect and which has not been set forth in this Agreement, the Loan Documents or the other documents, certificates and statements furnished to the Administrative Agent and the Lenders by or on behalf of Parent, the Borrower or its their Affiliates prior to, or on, the Effective Date in connection with the transactions contemplated hereby. There are no statements or conclusions in any Reserve Report that are based upon or include misleading information or fail to take into account material information regarding the matters report therein.