Common use of Disclosure; No Material Misstatements Clause in Contracts

Disclosure; No Material Misstatements. Borrower has disclosed or made available for disclosure to Administrative Agent and the Lenders all material agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of Borrower or any Subsidiary to Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished), when taken as a whole, contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; provided that with respect to projected financial information, each Obligor represents only that such information was prepared in good faith based on assumptions believed by management of the Obligors to be reasonable at the time prepared (it being recognized by the Administrative Agent and the Lenders that such projections by their nature are not to be viewed as fact and are subject to uncertainties and contingencies, many of which are beyond the control of each Obligor; that no assurances can be given that such projections will be realized; and that actual results may differ in a material manner from such projections).

Disclosure; No Material Misstatements. The Borrower has disclosed or made available for disclosure to the Administrative Agent and the Lenders all material agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, would could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan 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, when taken as a whole, contain any material misstatement of fact or omit omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that that, with respect to projected financial information, each Obligor other forward-looking information and information of a general economic or general industry nature, the Borrower represents only that such information was prepared in good faith based on upon assumptions believed by management of the Obligors Borrower to be reasonable at the time prepared (such projected financial information was made available, it being recognized by the Administrative Agent and the Lenders understood that such projections by their nature are projected financial information is not to be viewed as fact and are subject to uncertainties and contingencies, many of which are beyond the control of each Obligor; that no assurances can be given that such projections will be realized; facts and that the actual results may differ in a material manner vary materially from such projections)projected financial information.

Disclosure; No Material Misstatements. Borrower has disclosed or made available for disclosure to Administrative Agent and the Lenders all material agreementsNeither (a) any written information, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. None of the reportsreport, financial statementsstatement, certificates certificate, Borrowing Request, request for a Letter of Credit, exhibit or other information schedule furnished by or on behalf of Borrower or any Subsidiary Obligor to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or included therein or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished)pursuant thereto, when taken as a whole, contain (b) the Confidential Information Memorandum dated November 2010, nor (c) any statements or conclusions in any Reserve Report, contained or contains any material misstatement of fact or omit omitted or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were or are made, not misleadingmisleading as of the date such information is dated or certified; provided that with respect (i) to projected financial the extent any such information, each Obligor report, financial statement, exhibit or schedule was based upon or constitutes a forecast or projection, the Borrower represents only that such information was prepared it acted in good faith based on and utilized reasonable assumptions believed by management and due care in the preparation of the Obligors to be reasonable at the time prepared such forecast or projection (it being recognized by the Administrative Agent and the Lenders Lenders, however, that such projections by their nature as to future events are not to be viewed as fact facts and are subject to uncertainties that results during the period(s) covered by such projections may differ from the projected results and contingencies, many of which are beyond that such differences may be material and that the control of each Obligor; that Borrower makes no assurances can be given representation that such projections will be realized; ) and (ii) as to statements, information and reports supplied by third parties after the Effective Date, the Borrower represents only that actual results may differ in a it is not aware of any material manner from such projections)misstatement or omission therein.

Disclosure; No Material Misstatements. Borrower has The Borrowers have disclosed or made available for disclosure to Administrative Agent and the Lenders all material agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of Borrower the Borrowers or any Subsidiary to Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished), when taken as a whole, contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that with respect to projected financial information, each Obligor represents only that such information was prepared in good faith based on assumptions believed by management of the Obligors to be reasonable at the time prepared (it being recognized by the Administrative Agent and the Lenders that such projections by their nature are not to be viewed as fact and are subject to uncertainties and contingencies, many of which are beyond the control of each Obligorobligor; that no assurances can be given that such projections will be realized; and that actual results may differ in a material manner from such projections).

Disclosure; No Material Misstatements. Borrower has The Borrowers have disclosed or made available for disclosure to Administrative Agent and the Lenders all material agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of Borrower the Borrowers or any Subsidiary to Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished), when taken as a whole, contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that with respect to projected financial information, each Obligor represents only that such information was prepared in good faith based on assumptions believed by management of the Obligors to be reasonable at the time prepared (it being recognized by the Administrative Agent and the Lenders that such projections by their nature are not to be viewed as fact and are subject to uncertainties and contingencies, many of which are beyond the control of each Obligorobligor; that no assurances can be given that such projections will be realized; and that actual results may differ in a material manner from such projections).

Disclosure; No Material Misstatements. Borrower has disclosed or made available for disclosure to Administrative Agent and the Lenders all material agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect. None of the information, reports, financial statements, certificates exhibits or other information schedules, taken as a whole, furnished by or on behalf of Borrower or any Subsidiary of its Subsidiaries to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement the Credit Documents or any other Loan Document included therein or delivered hereunder pursuant thereto contained, contains or under any other Loan Document (as modified or supplemented by other information so furnished), when taken as a whole, will contain any material misstatement of fact or omitted, omits or will omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were were, are or will be made, not materially misleading; , provided that with respect to projected financial the extent any such information, report, financial statement, exhibit or schedule was based upon or constitutes a forecast or projection, each Obligor of the Credit Parties represents only that such information was prepared it acted in good faith based on and utilized reasonable assumptions believed by management and due care in the preparation of the Obligors to be reasonable at the time prepared (such information, report, financial statement, exhibit or schedule, it being recognized by the Administrative Agent understood that forecasts and the Lenders that such projections by their nature are not to be viewed as fact and are subject to significant uncertainties and contingencies, many of which are beyond the control of each Obligor; that Credit Parties’ control, and no assurances assurance can be given that such any forecasts or projections will be realized; . There are no facts known to Borrower (other than matters of a general economic nature) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect and that actual results may differ have not been disclosed herein or in a material manner from such projections)other documents, certificates and statements furnished to Lenders for use in connection with the transactions contemplated hereby.