Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 9 contracts
Samples: Credit and Security Agreement (Christopher & Banks Corp), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 7 contracts
Samples: Credit and Security Agreement (Digital Angel Corp), Credit and Security Agreement (Digital Angel Corp), Credit and Security Agreement (Ciber Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 5 contracts
Samples: Credit and Security Agreement (Landec Corp \Ca\), Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Rf Monolithics Inc /De/)
Submissions to Lender. All financial and other information provided to the Lender (including, but not limited to the completed background questionnaires) by or on behalf of the Borrower in connection with the Borrower’s 's request for any Loan and the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results. The information provided to the Lender contains no omissions which would cause such information to be materially misleading.
Appears in 3 contracts
Samples: Credit Agreement (Nco Portfolio Management Inc), Credit Agreement (Nco Portfolio Management Inc), Credit Agreement (Nco Portfolio Management Inc)
Submissions to Lender. All financial and other --------------------- information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 3 contracts
Samples: Credit and Security Agreement (Act Teleconferencing Inc), Credit and Security Agreement (Bentley International Inc), Credit and Security Agreement (Rf Monolithics Inc /De/)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower Borrowers in connection with the Borrower’s Borrowers' request for the credit facilities contemplated hereby (i) Credit Facility is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 3 contracts
Samples: Credit and Security Agreement (Leather Factory Inc), Credit and Security Agreement (Luminant Worldwide Corp), Credit and Security Agreement (Sportsmans Guide Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the any Borrower in connection with the any Borrower’s request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as . As to projections, valuations or proforma pro forma financial statements, such information presents a good faith opinion as to such projections, valuations and proforma condition and resultspro forma financial statements.
Appears in 2 contracts
Samples: Credit and Security Agreement (Synergetics Usa Inc), Credit and Security Agreement (Synergetics Usa Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower or any of its Subsidiaries in connection with the Borrower’s 's request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 2 contracts
Samples: Credit and Security Agreement (Hc2 Holdings, Inc.), Credit and Security Agreement (Schuff International Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower Borrowers in connection with the Borrower’s Borrowers' request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, and (iii) as to projections, valuations or proforma financial statements, presents a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 2 contracts
Samples: Credit and Security Agreement (Misonix Inc), Credit and Security Agreement (Misonix Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 2 contracts
Samples: Credit and Security Agreement (Pure Earth, Inc.), Credit and Security Agreement (Provena Foods Inc)
Submissions to Lender. All financial and other information --------------------- provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 2 contracts
Samples: Credit and Security Agreement (Rf Monolithics Inc /De/), Credit and Security Agreement (Data National Corp)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion of the Borrower at the time such projections, valuations and proforma financial statements were prepared, as to such projections, valuations and proforma condition and resultsfinancial statements.
Appears in 2 contracts
Samples: Credit and Security Agreement (Exabyte Corp /De/), Credit and Security Agreement (Exabyte Corp /De/)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 2 contracts
Samples: Credit and Security Agreement (Landec Corp \Ca\), Credit and Security Agreement (Landec Corp \Ca\)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) Credit Facility is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Sportsmans Guide Inc)
Submissions to Lender. All financial and other ---------------------- information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Primesource Healthcare Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby Credit Facility is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma pro forma financial statements, presents present a good faith opinion as to such projections, valuations and proforma pro forma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Schuff Acquisition Corp.)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower any Obligor in connection with the Borrower’s request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower or any of its Subsidiaries in connection with the Borrower’s request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other ----------------------- information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents a are based on assumptions made in good faith opinion as to (it being acknowledged by the Lender that no assurance can be given that such projections, valuations and valuations, or proforma condition and resultsresults will be realized).
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the any Borrower in connection with the any Borrower’s 's request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma pro forma financial statements, presents present a good faith opinion as to such projections, valuations and proforma pro forma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Ramtron International Corp)
Submissions to Lender. All financial and other --------------------- information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma pro forma financial statements, presents present a good faith opinion as to such projections, valuations and proforma pro forma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby Borrowers or any other Obligor (ia) is true and correct in all material respects, (iib) does not omit any material fact necessary to make such information not misleading and, and (iiic) as to projections, valuations or proforma financial statements, presents a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Loan and Security Agreement (Vein Associates of America Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby is (ia) is true and correct in all material respects, and (iib) does not omit any material fact necessary to make such information not misleading [and, (iiic) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results].
Appears in 1 contract
Samples: Credit and Security Agreement (CPS Technologies Corp/De/)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Interpharm Holdings Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the each Borrower in connection with the each Borrower’s request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Bionova Holding Corp)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Seaway Valley Capital Corp)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower Borrowers in connection with the Borrower’s Borrowers' request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Leather Factory Inc)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower and the Guarantors in connection with the Borrower’s request for the credit facilities contemplated hereby (ia) is true and correct in all material respects, (iib) does not omit any material fact necessary to make such information not misleading and, (iiic) as to projections, valuations or proforma pro-forma financial statements, presents present a good faith opinion as to such projections, valuations and proforma pro-forma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the each Borrower in connection with the Borrower’s Borrowers’ request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Smtek International Inc)
Submissions to Lender. All financial and other information --------------------- provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and resultsresults as of the date such projections, valuations or proforma financial statements were prepared.
Appears in 1 contract
Samples: Loan Agreement (Seneca Gaming Corp)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading respects and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.. 134
Appears in 1 contract
Samples: Credit and Security Agreement (Allis Chalmers Corp)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower Borrowers in connection with the Borrower’s Borrowers’ request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities contemplated hereby is (ia) is true and correct in all material respects, and (iib) does not omit any material fact necessary to make such information not misleading andmisleading, and (iiic) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (CPS Technologies Corp/De/)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s 's request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma pro forma financial statements, presents a good faith opinion as to such projections, valuations and proforma pro forma condition and results.
Appears in 1 contract
Samples: Credit and Security Agreement (Ag Bag International LTD)
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower Borrowers in connection with the Borrower’s Borrowers' request for the credit facilities contemplated hereby (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Submissions to Lender. All financial and other information provided to the Lender by or on behalf of the Borrower in connection with the Borrower’s request for the credit facilities any term loan advance contemplated hereby is (i) is true and correct in all material respects, (ii) does not omit any material fact necessary to make such information not misleading and, (iii) as to projections, valuations or proforma financial statements, presents present a good faith opinion as to such projections, valuations and proforma condition and results.
Appears in 1 contract
Samples: Term Loan Agreement (Municipal Mortgage & Equity LLC)