Common use of Misrepresentations Clause in Contracts

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 8 contracts

Samples: Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc), Loan and Security Agreement (Pw Eagle Inc)

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Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 7 contracts

Samples: Loan and Security Agreement (Cambium Learning Group, Inc.), Loan and Security Agreement (Mfri Inc), Loan and Security Agreement (Rewards Network Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender Lenders by or on behalf of Borrower, Borrower or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 5 contracts

Samples: Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Houston Wire & Cable CO), Loan and Security Agreement (Northwestern Steel & Wire Co)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 5 contracts

Samples: Loan and Security Agreement (Financial Performance Corp), Loan and Security Agreement (Eagle Supply Group Inc), Loan and Security Agreement (Eagle Supply Group Inc)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender by or on behalf of Borrowerany Obligor, any Subsidiary of Borrower whether made in or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 5 contracts

Samples: Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Dixie Group Inc), Loan and Security Agreement (Rowe Companies)

Misrepresentations. Any material representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of Borrower its Subsidiaries or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 5 contracts

Samples: Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De), Loan and Security Agreement (Wabash National Corp /De)

Misrepresentations. Any representation, warranty or other statement made or furnished to Administrative Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor Loan Party in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 4 contracts

Samples: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, Borrower or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 3 contracts

Samples: Loan and Security Agreement (Nations Flooring Inc), Loan and Security Agreement (Gentiva Health Services Inc), Loan and Security Agreement (Nations Flooring Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor other Loan Party in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 6.2 hereof.

Appears in 3 contracts

Samples: Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc), Loan Agreement (Katy Industries Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower Borrower, or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 3 contracts

Samples: Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Iwt Tesoro Corp), Loan and Security Agreement (Joule Inc)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender that is made by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents Agreement or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 3 contracts

Samples: Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor other Loan Party in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Black Warrior Wireline Corp), Loan and Security Agreement (Black Warrior Wireline Corp)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender by or on behalf of Borrowerany Obligor, any Subsidiary of Borrower whether made in or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or any of the Loan Documents (including any representation made in reference thereto any Borrowing Base Certificate), proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof9.2.

Appears in 2 contracts

Samples: Loan and Security Agreement (Enpro Industries, Inc), Loan and Security Agreement (Enpro Industries, Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor Parent in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Velocity Express Corp), Loan and Security Agreement (Velocity Express Corp)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed remade pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Borden Chemicals & Plastics Limited Partnership /De/), Loan and Security Agreement (Woods Equipment Co)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, Borrower or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Allied Healthcare Products Inc), Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender by or on behalf of Borrowerany Obligor, any Subsidiary of Borrower whether made in or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents (including any representation made in any Borrowing Base Certificate), proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), Loan and Security Agreement (Danka Business Systems PLC)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender and/or Lenders by or on behalf of Borrower, any Subsidiary of Borrower Borrower, or any Guarantor Parent in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect manner which could reasonably be expected to have or evidence a Material Adverse Effect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Home Products International Inc), Loan and Security Agreement (Home Products International Inc)

Misrepresentations. Any material representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Restricted Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

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

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowerBorrowers, any Subsidiary of Borrower Borrowers or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed remade pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Restoration Hardware Inc), Loan and Security Agreement (Restoration Hardware Inc)

Misrepresentations. Any representation, warranty ------------------ or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Falcon Products Inc /De/), Loan and Security Agreement (Falcon Products Inc /De/)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed remade pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mobile Mini Inc), Loan and Security Agreement (Mobile Mini Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Denali Inc), Loan and Security Agreement (First Aviation Services Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor other Loan Party in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Bayard Drilling Technologies Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Administrative Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of any Borrower or any Guarantor in this Agreement, Agreement or any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section subsection 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Nes Rentals Holdings Inc)

Misrepresentations. Any representation, representation or warranty or other statement made or furnished to any Agent or any Lender by or on behalf of either Borrower, any Subsidiary of either Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof (where such representation or warranty was qualified by any “materiality” concept) or in all other cases false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Anchor Lamina Inc)

Misrepresentations. Any representation, warranty or other statement made (or deemed made) or furnished to any Agent or any Lender by or on behalf of BorrowerBorrowers, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof7.2.

Appears in 1 contract

Samples: Loan and Security Agreement (Borden Chemical Inc)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender by or on behalf of Borrowerany Obligor, any Subsidiary of Borrower whether made in or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents (including any representation made in any Borrowing Base Certificate), proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 9.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Mastec Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender Lenders by or on behalf of any Borrower, any Subsidiary of Borrower any Borrower, or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance connection with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (United Natural Foods Inc)

Misrepresentations. Any representation, representation or warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement (other than a Flash Report) furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Truserv Corp)

Misrepresentations. Any warranty, representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower Borrowers or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to this Agreement or any of the other Loan Documents when taken together as a whole proves to have been false or misleading in any material respect when made, furnished made or reaffirmed pursuant to Section 7.2 hereoffurnished.

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Atlantic Premium Brands LTD)

Misrepresentations. Any representation, warranty warranty, or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor an Obligor in this Agreement, any of the other Loan Documents Documents, or any instrument, certificate certificate, or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Questron Technology Inc)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor Parent in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Velocity Express Corp)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed remade pursuant to Section 7.2 7.3 hereof.

Appears in 1 contract

Samples: Financing and Security Agreement (Henry Co)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowerCompany, Borrowers, any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Pacific Industries Inc/Mn)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Gentiva Health Services Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto thereto, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Mothers Work Inc)

Misrepresentations. Any warranty, representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished fumished in compliance with or in reference thereto to this Agreement or any of the other Loan Documents proves to have been false or misleading in any material respect when made, furnished made or reaffirmed pursuant to Section 7.2 hereoffurnished.

Appears in 1 contract

Samples: Loan and Security Agreement (Cal Dive International Inc)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Master Graphics Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Parent, Borrower, any Subsidiary of Borrower Borrower, or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Emtec Inc/Nj)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender by or on behalf of Borrowerany Obligor, any Subsidiary of Borrower whether made in or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents (including any representation made in any Borrowing Base Certificate), proves to have been false or misleading incorrect in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof9.2.

Appears in 1 contract

Samples: Loan and Security Agreement (Alpharma Inc)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Falcon Products Inc /De/)

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Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of Borrower its Subsidiaries or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.; provided, that no breach of

Appears in 1 contract

Samples: Loan and Security Agreement (Deeter Foundry Inc)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Seranova Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Tmci Electronics Inc)

Misrepresentations. Any representation, warranty or other written statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor other Obligor, whether made in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 9.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Rhodes Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, Borrowers or any Subsidiary of Borrower or any Guarantor Borrowers in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto thereto, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Open Plan Systems Inc)

Misrepresentations. Any representation, warranty warranty, or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, or any Subsidiary of Borrower or any Guarantor Borrower, in this Agreement, any of the other Loan Documents Documents, or any instrument, certificate certificate, or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section subsection 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Peregrine Real Estate Trust)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowerBorrowers, any Subsidiary of Borrower Borrowers, or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished made or reaffirmed pursuant to Section 7.2 hereoffurnished.

Appears in 1 contract

Samples: Loan Agreement (United Natural Foods Inc)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of Borrower or any Guarantor Borrower, if any, in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when mademade or furnished, furnished when reaffirmed or reaffirmed modified pursuant to Section 7.2 hereof, or when reaffirmed pursuant to subsection 9.2.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowerBorrowers, any Subsidiary of Borrower Borrowers or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Eagle Supply Group Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereofhereof including, without limitation and to the extent applicable, representations with respect to PACA.

Appears in 1 contract

Samples: Loan and Security Agreement (Pure World Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowerBorrowers, any Subsidiary of Borrower or any Guarantor Borrowers in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulfside Supply, Inc.)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of BorrowerBorrowers, any Subsidiary of Borrower Borrowers or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: And Consolidated Loan and Security Agreement (Eagle Supply Group Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of Borrower or any Guarantor Borrower, if any, in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when mademade or furnished, furnished when reaffirmed or reaffirmed modified pursuant to Section 7.2 hereof, or when reaffirmed pursuant to subsection 9.2.1.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Administrative Agent, Canadian Agent or any Lender by or on behalf of any Borrower, any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed remade pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Celadon Group Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, Borrower or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Fresh Foods Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Miltope Group Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, Borrower or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section SECTION 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Executone Information Systems Inc)

Misrepresentations. Any representation, warranty or other ------------------- material statement made or furnished to Agent or any Lender by or on behalf of either Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor other Loan Party in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Industrial Data Systems Corp)

Misrepresentations. Any representation, warranty warranty, or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents Documents, or any instrument, certificate certificate, or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Questron Technology Inc)

Misrepresentations. Any representationwarranty, warranty representation or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor of its Subsidiaries in this Agreement, Agreement or any of the other Loan Documents or in any instrument, certificate or financial statement furnished in compliance with or in reference thereto to this Agreement or any of the other Loan Documents proves to have been false or misleading in any material respect when made, furnished made or reaffirmed pursuant to Section 7.2 hereoffurnished.

Appears in 1 contract

Samples: Loan and Security Agreement (Dan River Inc /Ga/)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Pw Eagle Inc)

Misrepresentations. Any representation, warranty or other ------------------ statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)

Misrepresentations. Any representation, warranty or ------------------ other written statement made or furnished to Agent or any Lender by or on behalf of Borrowerany Obligor, any Subsidiary of Borrower whether made in or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto to any of the Loan Documents, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 8.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Gulf States Steel Inc /Al/)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Subsidiary of Borrower or any Guarantor other Credit Party in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, furnished or reaffirmed remade pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Mobile Mini Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (KVH Industries Inc \De\)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, any Borrower or any Subsidiary of any Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (D & K Healthcare Resources Inc)

Misrepresentations. Any representation, warranty or other statement made or furnished to Agent or any Lender by or on behalf of Borrower, Borrower or any Subsidiary of Borrower or any Guarantor in this Agreement, any of the other Loan Documents or any instrument, certificate or financial statement furnished in compliance with or in reference thereto thereto, proves to have been false or misleading in any material respect when made, made or furnished or when reaffirmed pursuant to Section 7.2 hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Electronics Boutique Holdings Corp)

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