Common use of Misrepresentation Clause in Contracts

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 24 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Carrols Restaurant Group, Inc.)

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Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Credit Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 14 contracts

Samples: Credit Agreement and Waiver (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Gencorp Inc)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect(i) with respect to representations and warranties that contain a materiality qualification, incorrect or false on or misleading as of the date made or deemed made and (ii) with respect to representations and warranties that do not contain a materiality qualification, incorrect or false in any material respect on or as of the date made or deemed made; or

Appears in 11 contracts

Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Fluent, Inc.)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents herein or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall (i) with respect to representations and warranties that contain a materiality qualification, prove to have been incorrect, false or misleading and (ii) with respect to representations and warranties that do not contain a materiality qualification, prove to have been incorrect, false or misleading in any material respect respect, in each case on or as of the date made or deemed made; or

Appears in 8 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 6 contracts

Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp), Credit Agreement (Riviera Holdings Corp)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Credit Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 5 contracts

Samples: Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (Pep Boys Manny Moe & Jack)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Collateral Documents or in any of the other Credit Loan Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 4 contracts

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Fiesta Restaurant Group, Inc.), Revolving Credit Loan Agreement (Hersha Hospitality Trust)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Credit Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 3 contracts

Samples: Credit Agreement (American Pacific Corp), Credit Agreement (American Pacific Corp), Credit Agreement (American Pacific Corp)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Loan Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 3 contracts

Samples: Revolving Loan Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (Capital Lease Funding Inc)

Misrepresentation. Any representation or warranty made or deemed made herein, in by the Security Documents Borrower herein or by the Borrower or the Parent in any of the other Credit Documents Finance Document or which that is contained in any certificate, document or financial or other statement furnished by it at any time under or in connection with this Agreement or any such other Finance Document shall prove to have been incorrect, false or misleading inaccurate in any material respect on or as of the date made or deemed made; or

Appears in 2 contracts

Samples: Agreement (Bunge Global SA), Agreement (Bungeltd)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents herein or in any of the other Credit Transaction Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 2 contracts

Samples: Joinder Agreement (Novation Companies, Inc.), Note Purchase Agreement (Atlas Merger Subsidiary, Inc.)

Misrepresentation. Any representation or warranty made or deemed made herein, in by the Security Documents Borrower or the Parent herein or in any of the other Credit Documents Finance Document or which that is contained in any certificate, document or financial or other statement furnished by it at any time under or in connection with this Agreement or any such other Finance Document shall prove to have been incorrect, false or misleading inaccurate in any material respect on or as of the date made or deemed made; or

Appears in 2 contracts

Samples: Agreement (Bunge LTD), Agreement (Bunge LTD)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; provided that, in each case such materiality qualifier shall not be applicable to any representations or warranties that already are qualified or modified by materiality or specific dollar thresholds in the text thereof; or

Appears in 2 contracts

Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD)

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Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Credit Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 2 contracts

Samples: Credit Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)

Misrepresentation. Any representation or warranty made or deemed made hereinby the Borrowers in this Agreement, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document document, opinion, or financial or other written statement furnished at any time under or in connection with this Agreement with, any Transaction Document shall prove to have been incorrectfalse, false incorrect or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 1 contract

Samples: Purchase Agreement (Veridium Corp)

Misrepresentation. Any representation or warranty made ----------------- or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Credit Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 1 contract

Samples: Credit Agreement (Fisher Communications Inc)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Loan Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been materially incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (UNITED THERAPEUTICS Corp)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Note Purchase Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Note Purchase Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 1 contract

Samples: Note Purchase Agreement (Bravo Brio Restaurant Group, Inc.)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect on or as of the date made or deemed made; or.

Appears in 1 contract

Samples: Credit Agreement (Si International Inc)

Misrepresentation. Any representation or warranty made or deemed made herein, in the Security Documents or in any of the other Credit Documents or which is contained in any certificate, document or financial or other statement furnished at any time under or in connection with this Agreement shall prove to have been incorrect, false or misleading in any material respect (without duplication of any materiality qualifier contained therein) on or as of the date made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Infospace Inc)

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