Disclosure Updates. Promptly and in no event later than 10 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the 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 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 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 10 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group contained, at the time it was furnished, when furnished and taken together as a whole with all written information, exhibits and reports 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 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 affect effect of amending or modifying this Agreement or any of the Schedules hereto.
Appears in 1 contract
Disclosure Updates. Promptly and in no event later than 10 5 Business Days after a Responsible Officer of any of the Loan Parties obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the 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 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 affect effect of amending or modifying this Agreement or any of the Schedules hereto.
Appears in 1 contract
Disclosure Updates. Promptly and in no event later than 10 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished on its behalf to the Lender Group contained, at the time it was furnished, when taken together with all written other information, exhibits and or reports so 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 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 10 5 Business Days after obtaining knowledge thereof, (a) notify Agent if any written information, exhibit, or report furnished to the 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 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 affect effect of amending or modifying this Agreement or any of the Schedules heretohereto or to the Disclosure Letter.
Appears in 1 contract
Disclosure Updates. Promptly and in no event later than 10 5 Business Days (or such longer period as may be determined by Agent in its sole discretion) after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the 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 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 affect 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 10 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group (including the UFOC pertaining to the Franchises) 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 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 affect 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 10 five (5) Business Days after obtaining 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 Lender Group Lenders 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 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 affect 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 10 Business Days after obtaining a Responsible Officer of a Loan Party obtains knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent, any Co-Collateral Agent or the Lender Group Lenders 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 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 affect effect of amending or modifying this Agreement or any of the Schedules hereto.
Appears in 1 contract
Disclosure Updates. Promptly and in no event later than 10 Business Days days after obtaining knowledge thereof, notify Agent Agents if any written information, exhibit, or report furnished to Agents or the Lender Group Lenders 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 when taken as a whole or omitted to state any material fact necessary to make the statements contained therein not misleading 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 affect 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 10 five Business Days after obtaining knowledge thereof, notify the Administrative Agent if any written information, exhibit, or report furnished to the Lender Group Administrative Agent or the Lenders 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 as of that time or omitted to state any material fact necessary to make the statements contained therein not misleading 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 affect effect of amending or modifying this Agreement or any of the Schedules hereto.
Appears in 1 contract
Samples: Credit Agreement (NGA Holdco, LLC)