Common use of Disclosure Updates Clause in Contracts

Disclosure Updates. Promptly and in no event later than five (5) Business Days after an Authorized Person obtains knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 5 contracts

Samples: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (Horizon Technology Finance Corp)

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Disclosure Updates. (a) Promptly and in no event later than five (5) 15 Business Days (or such longer period as may be permitted by Agent in its sole discretion) after an Authorized Person obtains obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not materially misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 2 contracts

Samples: Credit Agreement (AdvancePierre Foods Holdings, Inc.), Credit Agreement (AdvancePierre Foods Holdings, Inc.)

Disclosure Updates. Promptly and in no event later than five (5) 10 Business Days after an Authorized Person obtains obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group contained, at the time it was furnished, when taken together with all written information, exhibits and reports so furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect affect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 2 contracts

Samples: Loan and Security Agreement (SMART Modular Technologies (DE), Inc.), Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.)

Disclosure Updates. Promptly and in no event later than five (5) 5 Business Days after an Authorized Person obtains obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group (including the UFOC pertaining to the Franchises) contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Jamba, Inc.)

Disclosure Updates. Promptly and in no event later than five (5) 5 Business Days after an Authorized Person obtains a Responsible Officer of any of the Loan Parties obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Securus Technologies, Inc.)

Disclosure Updates. Promptly and in no event later than five (5) 10 Business Days after an Authorized Person obtains obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished on its behalf to Agent or the Lenders Lender Group contained, at the time it was furnished, when taken together with all other information, exhibits or reports previously furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect affect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Sitel Corp)

Disclosure Updates. Promptly and in no event later than five (5) Business Days 10 days after an Authorized Person obtains obtaining knowledge thereof, notify Agent Agents if any written information, exhibit, or report (when taken as a whole) furnished to Agent Agents or the Lenders contained, at the time it was furnished, any untrue statement of a material fact when taken as a whole or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect when taken as a whole, in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Seitel Inc)

Disclosure Updates. Promptly and in no event later than five (5) 5 Business Days after an Authorized Person obtains obtaining knowledge thereof, (a) notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which mademade and (b) provide to Agent notice of any changes or other modifications to the Investment Policy. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules heretohereto or to the Disclosure Letter.

Appears in 1 contract

Samples: Trademark Security Agreement (Advent Software Inc /De/)

Disclosure Updates. Promptly and in no event later than five (5) 5 Business Days after an Authorized Person obtains obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group contained, at the time it was furnished and taken as a whole with all other such information so furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Portrait Corp of America, Inc.)

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Disclosure Updates. Promptly and in no event later than five (5) Business Days after an Authorized Person obtains knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Loan and Security Agreement (Horizon Technology Finance Corp)

Disclosure Updates. Promptly and in no event later than five (5) 5 Business Days (or such longer period as may be determined by Agent in its sole discretion) after an Authorized Person obtains obtaining knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Stock Building Supply Holdings, Inc.)

Disclosure Updates. Promptly and in no event later than five (5) Business Days after an Authorized Person obtains obtaining knowledge thereof, notify the Administrative Agent if any written information, exhibit, or report (when taken as a whole) furnished to the Administrative Agent or the Lenders contained, at the time it was furnished, any untrue statement of a material fact as of that time or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which existing at the time such statements were made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not in and of itself cure or remedy the effect of the prior untrue statement of a such material fact or omission of any such material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (NGA Holdco, LLC)

Disclosure Updates. Promptly and in no event later than five (5) Business Days after an Authorized Person obtains obtaining knowledge thereof, notify each Agent if any written information, exhibit, or report (when taken as a whole) furnished to Administrative Agent, Collateral Agent or the Lenders contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Great Lakes Aviation LTD)

Disclosure Updates. Promptly and in no event later than five (5) 10 Business Days after an Authorized Person a Responsible Officer of a Loan Party obtains knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent, any Co-Collateral Agent or the Lenders contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Samples: Credit Agreement (Federal Signal Corp /De/)

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