Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 6.7, and all other instruments, documents, certificates and statements furnished to the Agent or the Lenders by the Borrower, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein not misleading.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 5.7, and all other instruments, documents, certificates and statements furnished to Agent and Lenders by Borrower, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein not misleading. Without limiting the foregoing, each of the representations and warranties made by Borrower in the other Loan Documents is true and correct on and as of the date when made, as of the date hereof, and on and as of each date this representation is deemed made hereunder with the same force and effect as if made on and as of such dates.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 6.6, and all other instruments, documents, certificates and statements furnished to Agent or any Lender by Borrower or any Consolidated Subsidiary, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading. Without limiting the foregoing, each of the representations and warranties made by Borrower or any Guarantor in the other Loan Documents is true and correct on and as of the date when made, on and as of the date hereof, and on and as of each date this representation is deemed made hereunder with the same force and effect as if made on and as of such dates.
Representations as a Whole. This Guaranty, the other Loan Documents, the financial statements referred to in Section 3.6, and all other instruments, documents, certificates and statements furnished to the Agent or Lender by or on behalf of the Borrower or Guarantor, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading. Guarantor’s Securities and Exchange Commission filings disclose any and all facts which could reasonably be expected to have a material adverse effect on the business, operations, properties or financial condition of the Guarantor or the ability of the Guarantor to perform its obligations hereunder.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 5.6(b), and all other instruments, documents, certificates and statements furnished to the Agent or any Lender by or on behalf of the Borrower, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading. The Borrower has disclosed to the Agent and each Lender in writing any and all facts which could reasonably be expected to have a material adverse effect on the business, operations, properties, financial condition or prospects of the Borrower, any Guarantor or the ability of the Borrower or any Guarantor to perform its obligations under the Loan Documents. Without limiting the foregoing, each of the representations and warranties made by the Borrower herein and in the other Loan Documents is true and correct on and as of the date when made, on and as of the date hereof, and on and as of each date this representation is deemed made hereunder with the same force and effect as if made on and as of such dates.
Representations as a Whole. This Agreement, the other Loan Documents and the financial statements referred to in Section 5.6 hereof, taken as a whole and taken together with the Form 10K most recently filed by Borrower with the Securities and Exchange Commission and the Forms 10Q filed by Borrower since the filing of such Form 10K, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein not misleading in the context made. Projections and forecasts clearly identified as such and provided by Borrower to Agent or any Lender are not "facts" for purposes of this Section 5.17. Each such projection and forecast was made by Borrower in good faith and represents Borrower's best estimate of the matters projected or forecasted therein as of the date on which such projection or forecast was made.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 4.6, and all other instruments, documents, certificates and statements furnished to Lender by or on behalf of Borrower, taken as a whole and as of the date given, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading. Borrower has disclosed to Lender in writing any and all facts known to Borrower which have a material adverse effect on the business, operations, properties, financial condition or prospects of Borrower or the ability of Borrower to perform its obligations under the Loan Documents. Without limiting the foregoing, each of the representations and warranties made by Borrower herein and in the other Loan Documents is true and correct in all material respects on and as of the date when made, on and as of the date hereof, and on and as of each date this representation is deemed made hereunder with the same force and effect as if made on and as of such dates.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 4.6, and all other instruments, documents, certificates and statements furnished to the Agent or any Lender by the Borrower, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein not misleading. The Borrower has disclosed to the Lenders in writing any and all facts known to the Borrower's general counsel or to any of the officers of the Borrower listed in the definition of "Officer's Certificate," which could reasonably be expected to have a Material Adverse Effect.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 5.8, and all other instruments, documents, certificates and statements furnished to the Agent or any Lender by or on behalf of the Borrower, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading. The Borrower has disclosed to the Lenders in writing any and all facts which have a material adverse effect on the business, operations, properties, financial condition or prospects of the Borrower or any Guarantor or the ability of the Borrower or any Guarantor to perform its obligations under the Loan Documents. Without limiting the foregoing, each of the representations and warranties made by the Borrower herein and in the other Loan Documents is true and correct on and as of the date when made, on and as of the date hereof, and on and as of each date this representation is deemed made hereunder with the same force and effect as if made on and as of such dates, except to the extent that such representations and warranties specifically refer to an earlier date, in which case they shall be true and correct as of such earlier date.
Representations as a Whole. This Agreement, the other Loan Documents, the financial statements referred to in Section 5.7, and all other instruments, documents, certificates and statements furnished to Lender in writing by or on behalf of Borrower or any Subsidiary, taken as a whole, do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained herein or therein, in light of the circumstances under which they were made, not misleading. Borrower has disclosed to Xxxxxx in writing any and all facts which could reasonably be expected to have a Material Adverse Effect.
