Common use of Full Disclosure Clause in Contracts

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 37 contracts

Samples: Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc), Loan Agreement (Nicholas Financial Inc)

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Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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 37 contracts

Samples: Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp), Credit Agreement (Mentor Graphics Corp)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 17 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 Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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 (Oshkosh Truck Corp), Credit Agreement (Nebco Evans Holding Co)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower or any Subsidiary Credit Parties in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Credit Parties to the 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 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 statement, or certificate furnished by or on behalf of the any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the any Borrower to the 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), Loan and Security Agreement (Metals Usa Inc), Loan and Security Agreement (Metals Usa Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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 (Med E America Corp), Credit Agreement (Dendrite International Inc), Credit Agreement (Dendrite International Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Borrower, CHC or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 (Westcoast Hospitality Corp), Credit Agreement (Cavanaughs Hospitality Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Restricted Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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 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 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 Borrower to the Lenders 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 Homes Inc), Credit Agreement (Schuler Homes Inc), Credit Agreement (Schuler Residential Inc)

Full Disclosure. None of the representations or warranties made by the 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 any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the any Borrower to the Lenders 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 Borrower 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 Borrower 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 Borrower Borrowers to the 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 Borrower 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 Borrower 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 Borrower Parent, PLIC or PXP to the Lenders 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 Borrower or any Subsidiary 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 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 Borrower to the Lenders 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), Credit Loan Agreement (Catellus Development Corp)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower or any Subsidiary to the 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 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 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 Borrower to the 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 (Citgo Petroleum Corp), Credit Agreement (Citgo Petroleum Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower any Obligor or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower any Obligor to the 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 (TFC Enterprises Inc), Loan and Security Agreement (Emergent Group Inc)

Full Disclosure. None of the representations or warranties made by the Borrower --------------- 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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 (Mentor Graphics Corp), Bridge Loan Agreement (Mentor Graphics Corp)

Full Disclosure. None of the representations or warranties made by the 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 written statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 Borrower 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 Borrower 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 Borrower Company to the Lenders 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 (Crown Pacific Partners L P), Credit Agreement (Crown Pacific Partners L P)

Full Disclosure. None of the representations or warranties made by the 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 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 Borrower to the Lenders prior to the Closing Date)Documents, taken as a whole, contains any untrue statement of a material fact or omits any material fact (other than industry-wide risks normally associated with the types of business conducted by the Borrower) 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: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/), Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Holdings or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Borrowers to the 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: Assignment and Acceptance (United Rentals Inc /De), Credit Agreement (United Rentals North America Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Parent and the Company to the 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 Borrower or any Subsidiary Company 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 Borrower 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 Borrower Company to the Lenders 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 the Borrower 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 Borrower 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 Borrower Borrowers to the 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 any Borrower or any Subsidiary 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 any Borrower or any Subsidiary Party in connection with the Loan Documents or any Hedge Agreement (including the offering and disclosure materials delivered by or on behalf of the any Borrower Party to the 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 either of the Borrower 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 Borrower Companies or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Companies to the Lenders 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: Day Credit Agreement (St Jude Medical Inc), Credit Agreement (St Jude Medical Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company or its Subsidiaries to the 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

Samples: Credit Agreement, Credit Agreement (Regis Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company or its Subsidiaries to the 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 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 a Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the a Borrower to the Lenders 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 Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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: Year Credit Agreement (Mgic Investment Corp), Bridge Credit Agreement (Mgic Investment Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Company to the Lenders 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: Assignment and Acceptance Agreement (Citgo Petroleum Corp), Acceptance Agreement (Citgo Petroleum Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Company to the Lenders 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 (Price Reit Inc), Credit Agreement (Ross Stores Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company or its Subsidiaries to the 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 Borrower or any Subsidiary Company 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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

Samples: Revolving Credit Agreement (Lawyers Title Corp)

Full Disclosure. None of the representations or warranties made by the Borrower --------------- 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 Borrower 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 Borrower Company to the Lenders 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: Pledge Agreement (Cb Commercial Real Estate Services Group Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Company to the 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 (Lone Star Technologies Inc)

Full Disclosure. (a)\ None of the representations or warranties made by the Borrower 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 Borrower \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 Borrower to the Lenders 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

Samples: Revolving Credit Agreement (Plum Creek Timber Co Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Parent or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 Borrower --------------- 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 Borrower 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 Borrower Company to the 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 (Pen Tab Industries Inc)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the any offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders Agent 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 (Alon USA Energy, Inc.)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders Agent or the 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 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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: Assignment Agreement (Firstmerit Corp /Oh/)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower or any Subsidiary Loan Parties in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Borrowers to the Lenders 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 (Western Staff Services Inc)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary Guarantor in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 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 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 Borrower to the 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

Samples: Credit Agreement (Esquire Communications LTD)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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

Samples: Credit Agreement (Nebco Evans Holding Co)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower such Company to the 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

Samples: Credit Agreement (Stuart Entertainment Inc)

Full Disclosure. None of the representations or warranties made by the Borrower or any Subsidiary Company 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 Borrower Company or any Subsidiary in connection with pursuant to the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders Banks prior to the Closing Date)) in either case, 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 (Cihc Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Company to the Lenders 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 1 contract

Samples: Term Loan Agreement (St Jude Medical Inc)

Full Disclosure. None of the representations or warranties made by the 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 any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the any Borrower to the Lenders 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 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 statement, or certificate furnished by or on behalf of the Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 1 contract

Samples: Loan and Security Agreement (Metals Usa Inc)

Full Disclosure. None of the representations or warranties made by the 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 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 Borrower to the Lenders 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 Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the Registration Statement and any other offering and disclosure materials delivered by or on behalf of the Borrower Company or its Subsidiaries to the 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 thereintherein (taken as a whole), 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 (Abc Rail Products Corp)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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 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 written statements contained in any exhibit, report, statement or certificate furnished by or on behalf of the Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

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

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Company to the 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

Samples: Credit Agreement (Georgia Pacific Corp)

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Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company or its Subsidiaries to the 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 Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

Samples: Credit Agreement (Meade Instruments Corp)

Full Disclosure. None of the representations or warranties made by the 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 any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the any Borrower to the 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

Samples: Loan and Security Agreement (Eftc Corp/)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Parent or any Subsidiary in connection with the Loan Documents (including the any offering and disclosure materials delivered by or on behalf of the Borrower Parent to the Lenders 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 Borrower or any Subsidiary Company 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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 Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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

Samples: Credit Agreement (Georgia Pacific Corp)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the 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

Samples: Credit Agreement (St Jude Medical Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Company to the Lenders 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 Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders Administrative Agent or any 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 1 contract

Samples: Credit Agreement (Kerkorian Kirk)

Full Disclosure. None of the representations or warranties made by the 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 each exhibit, report, statement or certificate furnished by or on behalf of the Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials materials, if any, delivered by or on behalf of the Borrower to the 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 (Captech Financial Group, Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary Guarantor in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

Samples: Credit Agreement (Ivanhoe Energy Inc)

Full Disclosure. None of the representations or warranties made by the 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 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 Borrower to the 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

Samples: Credit Agreement (WII Components, Inc.)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary Guarantor in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Guarantor to the Lenders 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: Guaranty Agreement (Questar Pipeline Co)

Full Disclosure. None of the representations or warranties made by the 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 any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

Samples: Loan and Security Agreement (Cerprobe Corp)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 any Borrower or any Subsidiary in the Loan DIP Financing 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 any Borrower or any Subsidiary in connection with the Loan DIP Financing Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Borrowers to the 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 (Westpoint Stevens Inc)

Full Disclosure. None To the knowledge of such Borrower, none of the representations or warranties made by the 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 each exhibit, report, statement or certificate furnished by or on behalf of the such Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the such Borrower to the 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: Term Credit Agreement (Aecom Technology Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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

Samples: Credit Agreement (Oshkosh Truck Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the Lenders 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

Samples: Credit Agreement (Sierra Health Services Inc)

Full Disclosure. None of the representations or warranties made by the Borrower Borrowers 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 Borrower Borrowers or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Borrowers to the Lenders 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 (Spacelabs Medical Inc)

Full Disclosure. None of the representations or warranties made by the --------------- 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 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 Borrower Borrowers to the Lenders 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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 (Dendrite International Inc)

Full Disclosure. None of the representations or warranties made by the 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 made by Borrower contained in any exhibit, report, statement or certificate furnished by or on behalf of the Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

Samples: Loan and Security Agreement (KIT Digital, Inc.)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Borrowers to the 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 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 each exhibit, report, statement or certificate furnished by or on behalf of the Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials materials, if any, delivered by or on behalf of the Borrower to Agent or the 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 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

Samples: Loan and Security Agreement (Crown Group Inc /Tx/)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower or any Subsidiary Borrowers in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Borrowers to the Lenders 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

Samples: Credit Agreement (Reeds Jewelers Inc)

Full Disclosure. None of the representations or warranties made by the 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 Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower to the Lenders 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

Samples: Credit Agreement (Montgomery Ward Holding Corp)

Full Disclosure. None of the representations or --------------- warranties made by the 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 statement, or certificate furnished by or on behalf of the any Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the any Borrower to the 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 (Encore Medical Corp)

Full Disclosure. None of the representations or warranties made by the 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, written report, written statement or certificate furnished by or on behalf of the 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 Borrower to the 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 1 contract

Samples: Credit Agreement (Life Time Fitness Inc)

Full Disclosure. None of the written representations or warranties made by the Borrower or any Subsidiary of its Subsidiaries in the Revolving Loan Documents as of the date such representations and warranties are made or deemed made, and none of the written statements contained in any each exhibit, report, statement or certificate furnished by or on behalf of the Borrower or any Subsidiary of its Subsidiaries in connection with the Revolving Loan Documents (including the offering and disclosure due diligence materials delivered by or on behalf of the Borrower to the 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 there are made, not misleading as of the time when made or delivered.

Appears in 1 contract

Samples: Credit Agreement (Healthcare Compare Corp/De/)

Full Disclosure. None of the representations or warranties made by the Borrower Borrowers 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 a Borrower or any Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the a Borrower to the 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 (Omnova Solutions Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower to the 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 Borrower 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 Borrower Parent or any Subsidiary thereof in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower any Loan Party to the 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 (Hills Stores Co /De/)

Full Disclosure. None of the representations or warranties made by the 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 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 Borrower to the 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 (Esquire Communications LTD)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower 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 Borrower Loan Party to the 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: Guaranty and Security Agreement (Riddell Sports Inc)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Company or any Restricted Subsidiary in connection with the Loan Documents (including the offering and disclosure materials delivered by or on behalf of the Borrower Company to the 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

Samples: Credit Agreement (Georgia Pacific Corp)

Full Disclosure. None of the representations or warranties made by the Borrower 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 Borrower Borrowers or any Subsidiary in connection with the Loan Credit Documents (including the offering and disclosure materials delivered by or on behalf of the a Borrower to the 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/)

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