Misstatements; Omissions. Any representation or warranty of Borrower set forth in this Agreement or any other Credit Facility Document shall be untrue or misleading in any material respect as of the time made and such untrue or misleading representation or warranty (i) is having or could reasonably be expected to result in a Material Adverse Effect on Borrower and (ii) shall remain unremedied by Borrower for a period of 30 days after the earlier of the date that Borrower becomes aware thereof or receives written notice thereof from Administrative Agent.
Misstatements; Omissions. Any representation or warranty confirmed or made in any Project Documents by the Borrower or in any writing provided by the Borrower in connection with the transactions contemplated by this Agreement shall be found to have been incorrect in any material respect when made or deemed to be made; provided, however, that no Event of Default shall occur if within sixty (60) days after the date on which the General Manager of the Borrower has actual notice that such incorrect statement has occurred, the Borrower shall deliver in good faith, to the Lender an Officer's Certificate stating in reasonable detail that either (i) the Borrower has eliminated any adverse effect relating to such incorrect statement or (ii) that the Borrower has taken action that it reasonably believes will eliminate the adverse effect relating to such incorrect statement within a reasonable specified time.
Misstatements; Omissions. Any representation, warranty or certification confirmed or made in any Financing Agreement or any Material Project Document (including any Advance Request or other certificate submitted with respect to any Financing Agreement or Material Project Document) by any Loan Party or in any writing provided by any Loan Party in connection with the transactions contemplated by this Agreement shall be found to have been incorrect in any material respect when made or deemed to be made.
Misstatements; Omissions. Any representation or warranty of Guarantor set forth in this Guaranty shall be untrue or misleading in any material respect as of the time made and such untrue or misleading representation or warranty (i) is having or could reasonably be expected to result in a Guarantor Material Adverse Effect and (ii) shall remain unremedied by Guarantor for a period of 30 days after the earlier of the date that Guarantor becomes aware thereof or receives written notice thereof from Administrative Agent.
Misstatements; Omissions. Any representation or warranty of TECO set forth in this Undertaking shall be untrue or misleading in any material respect as of the time made and such untrue or misleading representation or warranty (i) is having or could reasonably be expected to result in a TECO Material Adverse Effect and (ii) shall remain unremedied by TECO for a period of 30 days after the earlier of the date that TECO becomes aware thereof or receives written notice thereof from Beneficiary.
Misstatements; Omissions. Any representation or warranty made or deemed made by any Credit Party in any Credit Document to which such Person is a party, or in any separate statement, certificate or document delivered to any Secured Party under any Credit Document to which such Person is a party, proves to have been untrue, false or misleading in any material respect as of the time made, deemed made, confirmed or furnished.
Misstatements; Omissions. (a) Subject to Section 10.1.12(b), any representation or warranty made or deemed made by any Loan Party or any Guarantor in any Loan Document (other than Section 7.28 hereof, defaults in respect of which are governed by Section 10.1.10) to which such Person is a party or any Portfolio Entity in any Lease Certificate delivered by such Portfolio Entity, or in any separate statement, certificate or document delivered to the Lender under any Loan Document to which such Person is a party, proves to have been untrue, false or misleading in any material respect as of the time made, deemed made, confirmed or furnished; provided that, any such misstatement or omission that contravenes this Section 10.1.12(a) shall not give rise to an Event of Default hereunder if (i) such representation or warranty was not known to be false at the time that it was made (ii) such statement has not had a Material Adverse Effect and (iii) to the extent that the conditions causing such misrepresentation or breach are capable of being remedied, the applicable Loan Party remedies such conditions within fifteen (15) Business Days after a Loan Party or the applicable Portfolio Entity becoming aware or receiving notice of such untrue, false or misleading representation or warranty.
(b) Notwithstanding the foregoing, any misrepresentation or breach that would otherwise give rise to an Event of Default pursuant to Section 10.1.12(a) shall not give rise to an Event of Default if and to the extent that Sponsor takes all actions required under the Support and Indemnification Agreement with respect to such misrepresentation or breach within ten (10) Business Days after a Loan Party or the applicable Portfolio Entity becoming aware or receiving notice of such untrue, false or misleading representation or warranty (subject to any cure period provided pursuant to Section 10.1.12(a)).
Misstatements; Omissions. Any financial statement, representation, warranty or certificate made or prepared by, under the control of or on behalf of any Portfolio Entity and furnished to Administrative Agent, the Lead Arrangers, the Technical Committee or any Bank pursuant to this Agreement, or in any separate statement or document to be delivered to Administrative Agent or any Bank hereunder or under any other Credit Document, shall contain an untrue or misleading statement of a material fact or shall fail to state a material fact necessary to make the statements therein not misleading as of the date made, in either case, which could reasonably be expected to result in a Material Adverse Effect on Borrower.
Misstatements; Omissions. Any representation or warranty by the Issuer set forth in any Financing Document or in any document entered into in connection therewith in favor of or for the benefit of any Secured Party or in any certificate, financial statement or other document delivered in connection therewith for the benefit of any Secured Party shall prove to have been incorrect in any material respect when made (or deemed made) and the facts or events underlying such incorrect representation or warranty shall not be changed so as to correct such representation or warranty in all material respects for a period of 30 days (or so long as the facts or events underlying such incorrect representation or warranty are capable of being changed so as to correct such incorrect representation or warranty in all material respects and the Issuer is diligently proceeding to change such events or facts, such longer period but in no event for an aggregate period in excess of 90 days) after a Responsible Officer of the Issuer becomes aware thereof or the Issuer first received a notice from or on behalf of the Controlling Party (or XLCA if the proviso to this Section 7.1(c) applies) specifying such material inaccuracy and requiring that the facts or events underlying such incorrect representation or warranty be changed so as to correct such incorrect representation or warranty in all material respects; provided, however, that any Issuer Event of Default pursuant to this Section 7.1(c) arising solely from any representation or warranty made by the Issuer for the benefit of XLCA under the Insurance and Reimbursement Agreement shall be an Issuer Event of Default in respect of which no Person other than XLCA shall have the rights given to the parties to this Agreement in respect of Issuer Events of Default generally.
Misstatements; Omissions. Any representation or warranty by Borrower set forth in this Agreement or in any other Operative Document or in any document entered into in connection herewith or therewith or in any certificate, financial statement or other document delivered in connection herewith or therewith shall prove to have been incorrect in any material respect when made (or deemed made) and shall remain uncured or uncorrected for a period of 30 days (or so long as such incorrect representation or warranty is curable and Borrower is diligently proceeding to cure such incorrect representation or warranty, such longer period but in no event for an aggregate period in excess of 90 days) after a Responsible Officer of Borrower first obtained actual knowledge of such material inaccuracy or Borrower first received a notice from Administrative Agent specifying such material inaccuracy and requiring it to be remedied.
