Common use of Accuracy of Information, etc Clause in Contracts

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a whole, contained as of the date such statement, information, document or certificate was so furnished, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when made. The projections and pro forma information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections as they relate to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and not to be viewed as fact and that actual results during the period or periods covered by such projections may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma informationDocuments, when taken as a whole, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of misleading; provided, that the circumstances when made. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document the Confidential Information Memorandum or any other document, certificate or statement furnished by or on behalf of any Loan Party the Borrower to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement) when taken together with the SEC Filings, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Parent Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement (a) All material information (other than projections, general market, industry or information economic data) contained in this Agreement, any other Loan Document or any other document, certificate or written statement furnished to the Administrative Agent or the Lenders or any of them, by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma informationDocuments, when taken as a wholewhole and in light of the circumstances under which they were made, contained did not contain as of the date such statement, information, document or certificate was made or so furnished, any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower in good faith to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and fact, that projections by their nature are inherently uncertain, that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amountand such differences may be material.

Accuracy of Information, etc. No factual statement or information (other than any forward looking statements or information, estimates and projections and general economic and industry information) contained in this Agreement, any other Loan Document or any other document, certificate or written statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnished, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when madeany material respect. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a whole, contained as of the date such statement, information, document or certificate was so furnished, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when made. The projections and pro forma information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower Borrowers to be reasonable at the time made, it being recognized by the Lenders that such projections as they relate to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower Borrowers and not to be viewed as fact and that actual results during the period or periods covered by such projections may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished to the Administrative Agent or the Lenders or any of them, by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the Closing Date), any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished to the Administrative Agent or the Lenders or any of them, by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Primary Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount. As of the date hereof, the representations and warranties contained in the Acquisition Documentation are true and correct in all material respects. This Section 4.17 is qualified in its entirety by the Specified Exceptions.

Accuracy of Information, etc. No factual written statement or information contained in this Agreement, any other Loan Document or any other document, document or certificate or statement furnished by or on behalf of any Loan Party Group Member to the Administrative Agent, the Lenders or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents (other than than, for the avoidance of doubt, any estimates, projections or pro forma information), when taken as a whole, contained as of the date such statement, information, document or certificate was so furnished, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when made. The projections and pro forma information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections as they relate to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and not to be viewed as fact or a guarantee of performance and that actual results during the period or periods covered by such projections may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information (other than projections, general market, industry or economic data) contained in this Agreement, any other Loan Document or any other document, certificate or written statement furnished to the Administrative Agent or the Lenders or any of them, by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma informationDocuments, when taken as a wholewhole and in light of the circumstances under which they were made, contained as of the date such statement, information, document or certificate was made or so furnished, any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower in good faith to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and fact, that projections by their nature are inherently uncertain, that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amountand such differences may be material.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents Documents, other than any projections projections, forward looking information of a general economic or pro forma informationindustry specific nature, when taken as a whole, contained as of the date such statement, information, document or certificate was so furnished, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when madeunder which they were made not materially misleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of Parent and the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.[Access MLP Operating Credit Agreement]

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document or any other document, certificate or other written statement (other than projections, financial estimates, forecasts and other forward-looking information, and other information of a general economic or industry specific nature) furnished to Agent or the Lenders or any of them, by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnished, furnished any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. (a) No factual statement or information (other than any financial projections, any other forward-looking information and any information of a general economic or industry nature) contained in this Agreement, any other Loan Document or any other document, certificate or statement writing furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statementdocument, information, document certificate or certificate writing was so furnished, when taken as a whole, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when under which such statements were made. The projections and pro forma information contained in the materials referenced above are have been prepared in good faith based upon good faith estimates and assumptions believed by management of the Parent Borrower to be reasonable at the time made, it being recognized by the Lenders understood that such projections as they relate to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and not to be viewed as fact and that actual results during the period or periods covered by such projections may differ from the projected results set forth therein by a material amount.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished to the Administrative Agent or the Lenders or any of them, by or on behalf of any Loan Party to the Administrative Agent, the Lenders or the Bankruptcy Court, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, when taken as a wholeDocuments, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount. The representations and warranties made by the Parent and the Borrower under the Existing Credit Agreement were true and correct in all material respects when made.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document Document, the Confidential Information Memorandum or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma informationDocuments, when taken as a whole, contained as of the date such statement, information, document or certificate was so furnishedfurnished (or, in the case of the Confidential Information Memorandum, as of the date of this Agreement), any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of misleading; provided, that the circumstances when made. The projections and pro forma financial information contained in the materials referenced above are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount. As of the date hereof, the representations and warranties contained in the Acquisition Agreement are true and correct in all material respects.

Accuracy of Information, etc. No factual statement or information contained in this Agreement, any other Loan Document or any other document, certificate or statement furnished by or on behalf of any Loan Party to the Administrative Agent, the Lenders Agent or the Bankruptcy CourtLenders, or any of them, for use in connection with the transactions contemplated by this Agreement or the other Loan Documents other than any projections or pro forma information, (when taken as a wholewhole together with the Borrower’s public filings with the SEC), contained as of the date such statement, information, document or certificate was so furnished, in light of the circumstances under which they were made, any untrue statement of a material fact or omitted to state a material fact necessary to make the statements contained herein or therein not materially misleading in light of the circumstances when mademisleading. The Any projections and pro forma financial information contained delivered in the materials referenced above connection herewith are based upon good faith estimates and assumptions believed by management of the Borrower to be reasonable at the time made, it being recognized by the Lenders that such projections financial information as they relate it relates to future events are subject to significant uncertainties, many of which are beyond the control of the Borrower and is not to be viewed as fact and that actual results during the period or periods covered by such projections financial information may differ from the projected results set forth therein by a material amount.