Common use of Representation or Warranty Clause in Contracts

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the ABL Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 100,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 10,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 200,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 5,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Restricted Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 6,000,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving U.S. Borrowing Base, the Canadian Borrowing Base or the Term Loan Export-Related Borrowing Base and (C) errors occurring when Excess Availability continues to exceed $175,000,000 100,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 200,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 100,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 3,000,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Excess Availability continues to exceed $175,000,000 100,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality Table of Contents qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial inadvertent errors not exceeding resulting in overstating the Borrowing Base set forth therein by an amount in excess of $750,000 500,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 the Availability Threshold after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 1,000,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 20,000,000 after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial inadvertent errors not exceeding resulting in overstating the Borrowing Base set forth therein by an amount in excess of $750,000 1,000,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 the Availability Threshold after giving effect to the correction of such errors);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained herein or therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 350,000 in the aggregate in any Borrowing Base Certificate, Certificate and (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Availability continues to exceed $175,000,000 after giving effect to the correction of such errorsBase);

Representation or Warranty. (i) Any representation, warranty or certification by or on behalf of any Credit Party or any of its Subsidiaries made or deemed made herein, in any other Loan Document, or which is contained in any certificate, document or financial or other statement by any such Person, or their respective Responsible Officers, furnished at any time under this Agreement, or in or under any other Loan Document, shall prove to have been incorrect in any material respect (without duplication of other materiality qualifiers contained therein) on or as of the date made or deemed made or (ii) any information contained in any Borrowing Base Certificate is untrue or incorrect in any respect (other than (A) inadvertent, immaterial errors not exceeding $750,000 250,000 in the aggregate in any Borrowing Base Certificate, (B) errors understating the Revolving Borrowing Base or the Term Loan Borrowing Base and (C) errors occurring when Excess Availability continues to exceed $175,000,000 25,000,000 after giving effect to the correction of such errors);