Incorrect Representation. Any representation, warranty, covenant or certification made in or pursuant to this Agreement by Borrower, or otherwise made in writing in connection with or as contemplated by this Agreement by Borrower, including, without limitation, as to Borrower’s financial condition or credit, shall be misleading, incorrect or false in any material respect as of the time made or furnished and Lender shall have provided five (5) days prior written notice to Borrower of the existence of a misleading, incorrect or false representation; or
Appears in 5 contracts
Samples: Loan Agreement (Peak Resorts Inc), Loan Agreement (Peak Resorts Inc), Loan Agreement (Peak Resorts Inc)
Incorrect Representation. Any representation, warranty, covenant or certification made in or pursuant to this Agreement by Borrower, or otherwise made in writing in connection with or as contemplated by this Agreement by Borrower, including, without limitation, as to Borrower’s financial condition or credit, shall be misleading, incorrect or false in any material respect as of the time made or furnished furnished, and Lender shall have provided five (5) days prior written notice to Borrower of the existence of a misleading, incorrect or false representation; or
Appears in 1 contract
Samples: Loan Agreement (Peak Resorts Inc)