Common use of Full Disclosure Clause in Contracts

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 180 contracts

Samples: Loan and Security Agreement (Zedge, Inc.), Loan Agreement (Zoned Properties, Inc.), Loan and Security Agreement (6d Bytes Inc.)

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Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 45 contracts

Samples: Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Salmedix Inc)

Full Disclosure. No written representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 25 contracts

Samples: Loan and Security Agreement (Axesstel Inc), Silicon Valley Bank Loan and Security Agreement (Strasbaugh), Silicon Valley Bank Loan and Security Agreement (Insignia Solutions PLC)

Full Disclosure. No representation, warranty or other statement --------------- made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 15 contracts

Samples: Loan Modification Agreement (Quicklogic Corporation), Loan and Security Agreement (Loudeye Technologies Inc), Loan and Security Agreement (Jetfax Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower Borrowers in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 7 contracts

Samples: Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX LTD), Loan and Security Agreement (IBEX Holdings LTD)

Full Disclosure. No representation, warranty or other statement made --------------- by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 7 contracts

Samples: Loan and Security Agreement (C-Bridge Internet Solutions Inc), Loan and Security Agreement (Verisity LTD), Loan and Security Agreement (Astea International Inc)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 7 contracts

Samples: Loan and Security Agreement (Usweb Corp), Loan and Security Agreement (Cardiac Science Inc), Loan and Security Agreement (Saleslogix Corp)

Full Disclosure. No representation, warranty or other statement made by a Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 5 contracts

Samples: Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Uni-Pixel), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.)

Full Disclosure. No written representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank Bank, in the aggregate, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements statement contained in such certificates or statements not misleading.

Appears in 5 contracts

Samples: Loan and Security Agreement (Editas Medicine, Inc.), Loan and Security Agreement (Editas Medicine, Inc.), Loan and Security Agreement (Collegium Pharmaceutical, Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank as of the date such representation, warranty or certificate was made, when taken together with all such written certificate or written statements, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 4 contracts

Samples: Loan and Security Agreement (EverQuote, Inc.), Loan and Security Modification Agreement, Loan and Security Modification Agreement (EverQuote, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank any Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 4 contracts

Samples: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Full Disclosure. No representation, warranty or other --------------- statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 4 contracts

Samples: Loan and Security Agreement (Logicvision Inc), Loan and Security Agreement (Pointshare Corp), Loan Modification Agreement (Interwoven Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in any material respect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Arcturus Therapeutics Ltd.), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank in connection with the Loan Documents or the transactions contemplated thereby contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances in which it was made.

Appears in 3 contracts

Samples: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Full Disclosure. No To Borrower’s Knowledge, no representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 3 contracts

Samples: Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc), Loan and Security Agreement (Lightpath Technologies Inc)

Full Disclosure. No representation, warranty or other statement made by of --------------- Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 3 contracts

Samples: Loan and Security Agreement (Bio Imaging Technologies Inc), Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Phase2media Inc)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements statements, in light of the circumstances in which they were made, not misleading.

Appears in 3 contracts

Samples: Loan and Security Agreement (Smarterkids Com Inc), Loan and Security Agreement (Learningstar Inc), Loan and Security Agreement (Smarterkids Com Inc)

Full Disclosure. No representation, warranty or other --------------- statement made by Borrower in any certificate or written statement furnished to Bank Creditor contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 3 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances when made.

Appears in 3 contracts

Samples: Loan and Security Agreement (Backblaze, Inc.), Loan and Security Agreement (Five9, Inc.), Loan and Security Agreement (Five9, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements statements, in light of the circumstances in which they were made, not misleading.

Appears in 3 contracts

Samples: Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc), Loan and Security Agreement (Safeguard Scientifics Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not materially misleading.

Appears in 3 contracts

Samples: Loan and Security Agreement (Biomarin Pharmaceutical Inc), Loan and Security Agreement (Tippingpoint Technologies Inc), Loan and Security Agreement (Tci Solutions Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan Agreement (TILT Holdings Inc.), Loan Agreement (TILT Holdings Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any materially untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading as of the date of such statements.

Appears in 2 contracts

Samples: Loan and Security Agreement (Oaktree Strategic Income II, Inc.), Loan and Security Agreement (Oaktree Strategic Income II, Inc.)

Full Disclosure. No At the time made to Bank, no representation, warranty or other written statement made by a Borrower in any certificate or written statement furnished to Bank when taken as a whole contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (SharpSpring, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank taken together with all such certificates and written statements furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.misleading in light of the circumstances in which they were made, it

Appears in 2 contracts

Samples: Loan and Security Agreement (Cirius Therapeutics, Inc.), Loan and Security Agreement (Cirius Therapeutics, Inc.)

Full Disclosure. No representation, warranty or other statement made by any Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vaughan Foods, Inc.), Loan and Security Agreement (Isky Inc)

Full Disclosure. No representation, warranty or other statement --------------- made by Borrower in any certificate or written statement furnished to Bank Creditor contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading at the time such statements were made.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Ross Technology Inc), Asset Purchase Agreement (Ross Technology Inc)

Full Disclosure. No written representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact when made or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleadingmisleading when made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Bottomline Technologies Inc /De/), Loan and Security Agreement (Applix Inc /Ma/)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleadingmisleading in any material respect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Stereotaxis, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances in which they were made.

Appears in 2 contracts

Samples: Loan Agreement (Safeguard Scientifics Inc), Loan Agreement (Safeguard Scientifics Inc Et Al)

Full Disclosure. No representation, warranty or other statement made by Borrower or any Subsidiary in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Hie Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading. 6.

Appears in 2 contracts

Samples: Loan and Security Agreement (Consilium Inc), Loan and Security Agreement (Arthrocare Corp)

Full Disclosure. No written representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement (Pharsight Corp), Loan and Security Agreement (Motive Inc)

Full Disclosure. No representation, warranty or other statement made by of any Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement (Blackboard Inc), Loan and Security Agreement (Blackboard Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower any Loan Party in any certificate or written statement furnished to Bank contains any materially untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading as of the date of such statements.

Appears in 2 contracts

Samples: Loan, Guarantee and Security Agreement (Great Elm Capital Corp.), Guarantee and Security Agreement (Great Elm Capital Corp.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank in connection with the Loan Documents contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan Agreement (Safeguard Scientifics Inc), Loan Agreement (Clarient, Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Servicing Agent or any Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading, except which would not result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vtel Corp), Loan and Security Agreement (Vtel Corp)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank taken together with all such certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)

Full Disclosure. No representation, warranty or other statement made by of Borrower --------------- in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Aml Communications Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Administrative Agent or any Lender in connection with the Loan Documents contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Five9, Inc.)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.. 6 AFFIRMATIVE COVENANTS Borrower will do all of the following:

Appears in 1 contract

Samples: Loan and Security Agreement (Cardiac Science Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank in connection with or pursuant to any Loan Document, when taken together with all other information as a whole, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements statements, in light of the circumstances under which they were made, not misleadingmaterially misleading as of the date such representation, warranty or other statement is made.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultra Clean Holdings Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.. EXHIBIT 10.13

Appears in 1 contract

Samples: Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Full Disclosure. No representation, warranty or other statement --------------- made by any Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (SQL Financials International Inc /De)

Full Disclosure. No representation, warranty or other statement --------------- made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances under which they were made.

Appears in 1 contract

Samples: Loan and Security Agreement (Matrixone Inc)

Full Disclosure. No representation, warranty or other statement made by such Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances in which they were made.

Appears in 1 contract

Samples: Loan and Security Agreement (Northern Star Acquisition Corp.)

Full Disclosure. No representation, warranty or other statement made by Borrower of Borrowers in any certificate or written statement furnished given to Bank taken together with all such certificates and written statements given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Visual Networks Inc)

Full Disclosure. No representation, warranty warranty, or other statement made by any Borrower in any certificate or written statement furnished to Bank on or after the Closing Date contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Latch, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary necessary, in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Opus360 Corp)

Full Disclosure. No representation, warranty or other statement made by any Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Visual Networks Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower Borrowers in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements statements, in the light of the circumstances under which they are made, not misleading.

Appears in 1 contract

Samples: Loan Agreement (Lionbridge Technologies Inc /De/)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank taken together with all such certificates and written statements furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.material

Appears in 1 contract

Samples: Loan and Security Agreement (Aldexa Therapeutics, Inc.)

Full Disclosure. No representation, warranty or other --------------- statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading. 6.

Appears in 1 contract

Samples: Loan and Security Agreement (Manhattan Associates Inc)

Full Disclosure. No representation, warranty or other statement made by a Borrower in any Loan Document, including the Borrowing Base Certificate, Compliance Certificate or any other certificate or written statement furnished to Bank Bank, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements therein not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Orchard Enterprises, Inc.)

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Full Disclosure. No representation, warranty or other statement made --------------- by Borrower Borrowers in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Iprint Technologies Inc)

Full Disclosure. No representation, warranty or other statement made by any Borrower in any certificate or written statement furnished to Bank Bank, when taken as a whole contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Silvaco Group, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Bank, as of the date furnished, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements statements, together with other information provided to Bank, not misleadingmisleading in light of the circumstances under which they were delivered.

Appears in 1 contract

Samples: Loan and Security Agreement (Lime Energy Co.)

Full Disclosure. No representation, warranty or other statement made by Borrower in this Agreement or any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Nexsan Corp)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue 15 statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Avanex Corp)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.not

Appears in 1 contract

Samples: Loan and Security Agreement (Visioneer Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank when taken as a whole contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (At Home Corp)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank Bank, taken together with all such certificates and written statements given to Bank, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Sento Corp)

Full Disclosure. No written representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.. Bank recognizes that the projections and forecasts provided by Borrower in good faith and based

Appears in 1 contract

Samples: Loan and Security Agreement (Stratex Networks Inc)

Full Disclosure. No representation, warranty or other statement made by of --------------- Borrower in any certificate or written statement furnished given to Bank any of the Lenders contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarus Corp)

Full Disclosure. No representation, warranty or other statement made by such Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Icad Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank pursuant to this Agreement contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading as of the date of such certificate or written statement.

Appears in 1 contract

Samples: Loan and Security Agreement (Virata Corp)

Full Disclosure. No representation, warranty or other statement made by of Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such the certificates or statements not misleading.misleading (it being recognized by Bank that the projections

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Lightwaves Inc)

Full Disclosure. No To Parent’s Knowledge, no representation, warranty or other statement made by a Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Lightpath Technologies Inc)

Full Disclosure. No representation, warranty or other statement made ----- ---------------- by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Seachange International Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Lender contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading as of the date when made.

Appears in 1 contract

Samples: Altmore BDC, Inc.

Full Disclosure. No representation, warranty warranty, disclosure, or other statement made by any Borrower in any certificate certificate, oral statement, or written statement furnished to Bank is false, is misleading, contains any untrue statement of a material fact fact, or omits to state a material fact necessary in order to make as of the statements contained in date such certificates representation, warranty, disclosure, or statements not misleadingstatement is made.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniphase Corp /Ca/)

Full Disclosure. No representation, warranty or other statement made by of any Borrower in any certificate or written statement furnished given to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the such representations, warranties and statements contained in such certificates or written statements not misleading.. 6 AFFIRMATIVE COVENANTS Borrowers will do all of the following:

Appears in 1 contract

Samples: Loan and Security Agreement by And (Kanbay International Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Lenders contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Roxio Inc)

Full Disclosure. No representation, warranty or other statement made by either Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectranetics Corp)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading, as of the date made or as of the due of each Payment/Advance Date as required under Section 3.2(b) herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Nvidia Corp/Ca)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.. 13

Appears in 1 contract

Samples: Loan Modification Agreement (T/R Systems Inc)

Full Disclosure. No representation, warranty or other statement made by any Borrower in any certificate or written statement furnished to the Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan Agreement (Moldflow Corp)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements in light of the circumstances in which they were made not misleadingmaterially misleading at the time made.

Appears in 1 contract

Samples: Loan and Security Agreement (Roche Robert W.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any materially untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Fifth Street Senior Floating Rate Corp.)

Full Disclosure. No representation, warranty or other statement made --------------- by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Audible Inc)

Full Disclosure. No representation, warranty or other statement made --------------- by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary necessary, in light of the circumstances, in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Open Market Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Banks contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Tegal Corp /De/)

Full Disclosure. No representation, warranty or other statement made by Borrower herein or in any certificate or written statement furnished to Bank in connection herewith contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Solutions/Ca/)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading. [***] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Loan and Security Agreement (Miva, Inc.)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingfact.

Appears in 1 contract

Samples: Loan and Security Agreement (Faxsav Inc)

Full Disclosure. No representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank Bank, taken together as a whole, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Tripath Technology Inc)

Full Disclosure. No To the Borrower's knowledge, no representation, warranty or other statement made by Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleadingmisleading in light of the circumstances under which such representation or warranty was made.

Appears in 1 contract

Samples: Loan and Security Agreement (Silknet Software Inc)

Full Disclosure. No representation, warranty or other statement --------------- made by Borrower in any Loan Document, certificate or written statement furnished to Bank Lenders or either of them contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (Copper Mountain Networks Inc)

Full Disclosure. No representation, warranty or other statement made by or on behalf of Borrower in any certificate or written statement furnished to Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in such certificates or statements not misleading.

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Strategic Capital, LLC)

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