Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 38 contracts
Samples: Credit Agreement (Mentor Graphics Corp), Credit Agreement (Marcus Corp), Credit Agreement (Mentor Graphics Corp)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 38 contracts
Samples: Term Loan Agreement, Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing DateDate or pursuant to Section 5.2 hereof), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 18 contracts
Samples: Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Arrowroot Acquisition Corp.), Loan and Security Agreement (Arrowroot Acquisition Corp.)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 12 contracts
Samples: Credit Agreement (Grainger W W Inc), Credit Agreement (Ameriserve Transportation Inc), Credit Agreement (Century Business Services Inc)
Full Disclosure. None of the representations or warranties made by the Company any Credit Party or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Credit Party or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading in any material respect as of the time when made or delivered.
Appears in 4 contracts
Samples: Credit Agreement (Mobile Storage Group Inc), Uk Credit Agreement (Mobile Storage Group Inc), Uk Credit Agreement (Mobile Storage Group Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Credit Parties in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Credit Parties in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Credit Parties to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 4 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc), Credit Agreement (Kforce Com Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 4 contracts
Samples: Term Loan Agreement (St Jude Medical Inc), Term Loan Agreement (St Jude Medical Inc), Credit Agreement (New Athletics, Inc.)
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary other Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary other Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Loan Agreement (Unova Inc), Credit Agreement (Unova Inc), Loan Agreement (Unitrin Inc)
Full Disclosure. None of the representations or warranties made by the Company any Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp), Credit Agreement (Precision Castparts Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Bank prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Credit Agreement (Dendrite International Inc), Credit Agreement (Med E America Corp), Credit Agreement (Dendrite International Inc)
Full Disclosure. None of the representations or warranties made by --------------- the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Secured Credit Agreement (System Software Associates Inc), Credit Agreement (Montgomery Ward Holding Corp), Credit Agreement (U S Rentals Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Restricted Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Restricted Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or otherwise necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp), Credit Agreement (Georgia Pacific Corp)
Full Disclosure. None of the representations or warranties made by the Company Borrower, CHC or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower, CHC or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Credit Agreement (Cavanaughs Hospitality Corp), Credit Agreement (Cavanaughs Hospitality Corp), Credit Agreement (Westcoast Hospitality Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement statement, or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower to the Banks Lenders prior to the Closing Date), contains contain any untrue statement of a material fact or omits omit any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Loan and Security Agreement (Metals Usa Inc), Post Petition Loan Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary of its Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 3 contracts
Samples: Credit Agreement (Schuler Residential Inc), Revolving Credit Agreement (Schuler Homes Inc), Credit Agreement (Schuler Homes Inc)
Full Disclosure. None of the representations or warranties made by the Company Parent, PLIC or any Subsidiary PXP in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent, PLIC or any Subsidiary PXP in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Parent, PLIC or PXP to the Banks prior to the Closing Effective Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Phoenix Companies Inc/De), Credit Agreement (Phoenix Companies Inc/De)
Full Disclosure. None of the representations or warranties made by the Company Holdings or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Holdings or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lenders prior to the Closing Date)Agreement Date but excluding projections) as of the date furnished, taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not materially misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (United Rentals Inc /De), Credit Agreement (United Rentals North America Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents this Agreement as of the date such representations and warranties are made or deemed made, and none of the statements factual information (taken as a whole) contained in any written notice, exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents this Agreement (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Citgo Petroleum Corp), Credit Agreement (Citgo Petroleum Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company or its Subsidiaries to the Banks Lenders prior to the Closing Effective Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Regis Corp), Credit Agreement (Regis Corp)
Full Disclosure. None of the representations or warranties made by --------------- the Company or any Subsidiary Borrower in the Loan Documents or the Environmental Indemnity as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf a Responsible Officer of the Company Borrower to the Administrative Agent or any Subsidiary the Banks in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf a Responsible Officer of the Company Borrower to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading in any material respect as of the time when made or delivered.
Appears in 2 contracts
Samples: Line of Credit Loan Agreement (Catellus Development Corp), Line of Credit Loan Agreement (Catellus Development Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Loan and Security Agreement (Emergent Group Inc), Loan and Security Agreement (TFC Enterprises Inc)
Full Disclosure. None of the representations or warranties made by the Company any Obligor or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Obligor or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Obligor to the Banks Lenders prior to the Closing Agreement Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Caraustar Industries Inc), Credit Agreement (Caraustar Industries Inc)
Full Disclosure. None of the representations or warranties made by the Company each Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company a Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company a Borrower to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Zemex Corp), Credit Agreement (Zemex Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the written statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing DateDate or pursuant to Section 5.2 hereof), taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Loan and Security Agreement (Impel Neuropharma Inc), Loan and Security Agreement (Impel Neuropharma Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower or any Subsidiary to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Gfsi Inc), Loan and Security Agreement (Strategic Distribution Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower Party in the Loan Documents or any Hedge Agreement as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower Party in connection with the Loan Documents or any Hedge Agreement (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower Party to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Salton Inc), Credit Agreement (Salton Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents this Agreement as of the date such representations and warranties are made or deemed made, and none of the statements factual information (taken as a whole) contained in any written notice, exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents this Agreement (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Citgo Petroleum Corp), Credit Agreement (Citgo Petroleum Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company or its Subsidiaries to the Banks Lenders prior to the Closing Restatement Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished in writing by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Mgic Investment Corp), Credit Agreement (Mgic Investment Corp)
Full Disclosure. None of the representations or warranties made by the --------------- Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, written report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents or the S-1 (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (U S Timberlands Finance Corp), Credit Agreement (U S Timberlands Co Lp)
Full Disclosure. None of the representations or warranties made by either of the Company Companies or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Companies or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Companies to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary other Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary other Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Unifi Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary of its Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Credit Agreement (Ross Stores Inc), Credit Agreement (Price Reit Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Company-Related Credit Parties in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Parent, the Company or any other Subsidiary of the Parent in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Parent and the Company to the Banks Lenders prior to the Closing Effective Date), contains any untrue statement of a material fact or omits any to state a material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or deliveredmisleading.
Appears in 2 contracts
Samples: Credit Agreement (Check Mart of New Mexico Inc), Credit Agreement (Dollar Financial Corp)
Full Disclosure. None of the representations or warranties made by the Company Company, any Partner Entity or any Subsidiary of their Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 2 contracts
Samples: Facility B Credit Agreement (Crown Pacific Partners L P), Credit Agreement (Crown Pacific Partners L P)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Restatement Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, schedule, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Execution Date)) taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary such Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary such Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company such Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when as of which made or delivereddeemed made.
Appears in 1 contract
Samples: Credit Agreement (Maxxam Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials materials, if any, delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrowers in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrowers in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lender prior to the Closing Agreement Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Guarantor in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Guarantor in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Revolving Credit Agreement (Wisconsin Central Transportation Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary the Parent in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the written statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary the Parent in connection with the Loan Transaction Documents (including including, without limitation, the Form S-1 and the other offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made thereinsuch representation, warranty or written statement, in light of the circumstances under which they are it is made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Letter of Credit Agreement (Delphi International LTD)
Full Disclosure. None of the representations or warranties made by --------------- the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary other Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary other Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lenders prior to the First Amendment Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Unifi Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Restricted Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Restricted Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or otherwise necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.. sf712790 48
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary of its Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (International Assets Holding Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower to the Banks Lender prior to the Closing DateDate or pursuant to Section 5.2 hereof), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan and Security Agreement (Oculus Innovative Sciences, Inc.)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Revolving Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Loan Party in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Loan Party in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Administrative Agent or any Lender prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Hercules Technology Growth Capital Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains contains, when taken as a whole, any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading in any material respect as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Safeco Corp)
Full Disclosure. None of the representations or warranties made by the Company --------------- any Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Borrower or any Subsidiary Subsidiaries of the Borrowers in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Jacobs Engineering Group Inc /De/)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary Guarantor in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary Guarantor in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan and Security Agreement (Fruit of the Loom LTD)
Full Disclosure. None of the representations or warranties made by the Company --------------- Company, Xxxx or any Material Subsidiary in the Loan Documents and the Merger Agreement as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Material Subsidiary in connection with the Loan Documents and the Merger Agreement (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Cb Commercial Real Estate Services Group Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary the Guarantor in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivereddelivered except misstatements and omissions that would not reasonably be anticipated to result in a Material Adverse Effect.
Appears in 1 contract
Samples: Credit Agreement (Telvent Git S A)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date)) taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company or its Subsidiaries to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Regis Corp)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Company, ST Holdings or any Subsidiary of their respective Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. (a)\ None of the representations or warranties made by the Company Company, the \REIT, the\ General [Partners] \Partner\, or any Subsidiary of their Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, written statement or certificate furnished by or on behalf of the \REIT, the\ Company or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date)Documents, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date)) under the Loan Documents, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, and taken as a whole, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company --------------- Company, the Parent or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Company, the Parent or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company any Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials materials, if any, delivered by or on behalf of the Company Borrower to Agent or the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Amerco /Nv/)
Full Disclosure. None of the representations or warranties made by the Company or any Restricted Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Restricted Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Vista Eyecare Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.. 47793688_7
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company any Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing Date)) or any Transaction Document, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Loan Parties in the Loan Documents as of the date such representations and warranties are made or deemed made, and and, to the best knowledge of the Borrowers, none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Loan Parties in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Guarantor in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, written statement or certificate furnished by or on behalf of the Company or any Subsidiary Guarantor in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date)Documents, taken as whole, contains any untrue statement of a material fact known to the Company or any Guarantor or omits any material fact known to the Company or any Guarantor required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary of its Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials materials, if any, delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Closing Restatement Effective Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Borrower, any of the Partner Entities or any Subsidiary of their respective Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, written statement or certificate furnished by or on behalf of the Company Borrower, any of the Partner Entities or any Subsidiary of their respective Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date)Documents, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None To the knowledge of such Borrower, none of the representations or warranties made by the Company or any Subsidiary such Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary such Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company such Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the such Company or any Subsidiary of its Subsidiaries in the Loan Documents as of the date such representations and or warranties are made or deemed made, and none of the statements contained in any exhibitthe exhibits, reportreports, statement statements or certificate certificates furnished by or on behalf of the such Company or any Subsidiary of its Subsidiaries in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the such Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or or, considered as a whole, omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing DateDate or pursuant to Section 5.2 hereof), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not materially misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the written statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks either Lender prior to the Closing DateDate or pursuant to Section 5.2 hereof), taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Effective Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company written information concerning any Borrower or any Subsidiary in provided to the Loan Documents as of Agent or the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Lenders in connection with the entry into the Loan Documents on the Closing Date (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Agent or the Lender prior to the Closing Date, but excluding any financial projections (including the Latest Projections), estimates and information of a general economic nature or general industry nature) (the “Information”), considered as a whole, contains any untrue statement of a material fact or or, considered as a whole, omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not materially misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Saks Inc)
Full Disclosure. None of the representations or warranties made by the Company Loan Party or any Subsidiary of it in the Loan Documents as of the date such representations and 91 warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Loan Party or any Subsidiary of it in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Loan Party to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Riddell Sports Inc)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Administrative Agent or any Lender prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Tracinda Corp)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing Amendment Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary and Subsidiaries in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Picturetel Corp)
Full Disclosure. None of the representations or warranties made by the Company Borrowers or any Restricted Subsidiary of a Borrower in the Loan Credit Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrowers or any Subsidiary in connection with the Loan Credit Documents (including the offering and disclosure materials delivered by or on behalf of the Company a Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Trylon Corp/Mi/)
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary other Loan Party in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Company, any Restricted Subsidiary or any Subsidiary other Loan Party in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or otherwise necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.. Table of Contents ARTICLE VI
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company or its Subsidiaries to the Banks Lenders prior to the Closing Effective Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.. ARTICLE VII
Appears in 1 contract
Samples: Credit Agreement (Regis Corp)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Administrative Agent or any Lender prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements made by Borrower contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lender prior to the Closing DateDate or pursuant to Section 5.2 hereof), when taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary or the Parent Guarantor or any of its Subsidiaries in the Loan Credit Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary or the Parent Guarantor or any of its Subsidiaries in connection with the Loan Credit Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks prior to the Closing Date), contains contain any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Uncommitted Credit Agreement (Par Pacific Holdings, Inc.)
Full Disclosure. None of the representations or warranties made by --------------- the Company or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or otherwise necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary in any of the Loan Transaction Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary in connection with any of the Loan Transaction Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Lenders prior to the Original Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan and Security Agreement (Sweetheart Holdings Inc \De\)
Full Disclosure. None of the representations or warranties made by the Company Loan Party or any Subsidiary of it in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Loan Party or any Subsidiary of it in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Loan Party to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Riddell Sports Inc)
Full Disclosure. None of the representations or warranties made by the Company such Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company such Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company such Borrower or any Subsidiary to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Loan and Security Agreement (Strategic Distribution Inc)
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary thereof in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary thereof in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Loan Party to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company any Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower to the Banks Lenders prior to the Closing DateDate but excluding the Latest Projections which shall be governed by Section 8.6(b)), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company Parent or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Parent or any Subsidiary in connection with the Loan Documents (including the any offering and disclosure materials delivered by or on behalf of the Company Parent to the Banks Lender prior to the Closing Date), taken as a whole, contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Samples: Credit Agreement (Remedytemp Inc)
Full Disclosure. None of the representations or warranties made by the Company Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks prior to the Original Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or --------------- warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement statement, or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company any Borrower to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company any Borrower or any Subsidiary in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrowers to the Banks Lenders prior to the Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract
Full Disclosure. None of the representations or warranties made by the Company or any Subsidiary Borrower in the Loan Documents as of the date such representations and warranties are made or deemed made, and none of the statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Company or any Subsidiary Borrower in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Company Borrower to the Banks Agent prior to the 39 45 Closing Date), contains any untrue statement of a material fact or omits any material fact required to be stated therein or necessary to make the statements made therein, in light of the circumstances under which they are made, not misleading as of the time when made or delivered.
Appears in 1 contract