Common use of Accuracy of Information Supplied Clause in Contracts

Accuracy of Information Supplied. The Borrower will ensure that all information prepared by the Borrower and supplied to the Department or any third party under the provisions of this Agreement for the purpose of any report or certificate to be furnished to the Department in connection with this Agreement or any of the Loan Documents will at the time it is supplied be true and accurate in all material respects, except that (i) financial statements and other statements expressly effective as of a particular date prior to the date when furnished are required only to be true and accurate or (in the case of financial statements) fairly to present what they purport to present, in either case as of the effective date thereof, and (ii) to the extent any such information is based upon or constitutes a forecast, projection or other data which by its nature is uncertain, the Borrower is committed only to act in good faith and utilize due and careful consideration and the best information then known to it in preparing such information. With respect to all information prepared by third parties and supplied by the Borrower to the Department and/or any third party under the provisions hereof for the purpose of any report or certificate to be furnished to the Department in connection with this Agreement or any of the Loan Documents, the Borrower shall deliver a written notice to the Department as soon as possible if it believes that such information is not complete and accurate in all material respects, which written notice shall include the basis for such belief.

Appears in 4 contracts

Samples: Loan Agreement (Tasty Baking Co), Loan Agreement (Power Medical Interventions, Inc.), Loan Agreement (Tasty Baking Co)

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Accuracy of Information Supplied. The Borrower Industrial Occupant will ensure that all information prepared by the Borrower Industrial Occupant and supplied to the Department PIDA or any third party under the provisions of this Agreement for the purpose of any report or certificate to be furnished to the Department PIDA in connection with this Agreement or any of the Loan Documents will at the time it is supplied be true and accurate in all material respects, except that (i) financial statements and other statements expressly effective as of a particular date prior to the date when furnished are required only to be true and accurate or (in the case of financial statements) fairly to present what they purport to present, in either case as of the effective date thereof, and (ii) to the extent any such information is based upon or constitutes a forecast, projection or other data which by its nature is uncertain, the Borrower Industrial Occupant is committed only to act in good faith and utilize due and careful consideration and the best information then known to it in preparing such information. With respect to all information prepared by third parties and supplied by the Borrower Industrial Occupant to the Department PIDA and/or any third party under the provisions hereof for the purpose of any report or certificate to be furnished to the Department PIDA in connection with this Agreement or any of the Loan Documents, the Borrower Industrial Occupant shall deliver a written notice to the Department PIDA as soon as possible if it believes that such information is not complete and accurate in all material respects, which written notice shall include the basis for such belief.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Lannett Co Inc)

Accuracy of Information Supplied. The Borrower will ensure that all information prepared by the Borrower and supplied to the Department or any third party under the provisions of this Agreement for the purpose of any report or certificate to be furnished to the Department in connection with this Agreement or any of the Loan Documents will at the time it is supplied be true and accurate in all material respects, except that (i) financial statements and other statements expressly effective as of a particular date Loan Agreement prior to the date when furnished are required only to be true and accurate or (in the case of financial statements) fairly to present what they purport to present, in either case as of the effective date thereof, and (ii) to the extent any such information is based upon or constitutes a forecast, projection or other data which by its nature is uncertain, the Borrower is committed only to act in good faith and utilize due and careful consideration and the best information then known to it in preparing such information. With respect to all information prepared by third parties and supplied by the Borrower to the Department and/or any third party under the provisions hereof for the purpose of any report or certificate to be furnished to the Department in connection with this Agreement or any of the Loan Documents, the Borrower shall deliver a written notice to the Department as soon as possible if it believes that such information is not complete and accurate in all material respects, which written notice shall include the basis for such belief.

Appears in 1 contract

Samples: Loan Agreement (Tengion Inc)

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Accuracy of Information Supplied. The Borrower Industrial Occupant will ensure that all information prepared by the Borrower Industrial Occupant and supplied to the Department PIDA or any third party under the provisions of this Agreement for the purpose of any report or certificate to be furnished to the Department PIDA in connection with this Agreement or any of the Loan Documents will at the time it is supplied be true and accurate in all material respects, except that (i) financial statements and other statements expressly effective as of a particular date prior to the date when furnished are required only to be true and accurate or (in the case of financial statements) fairly to present what they purport to present, in either case as of the effective date thereof, and (ii) to the extent any such information is based upon or constitutes a forecast, projection or other data which by its nature is uncertain, the Borrower Industrial Occupant is committed only to act in good faith and utilize due and careful consideration and the best information then known to it in preparing such information. With respect to all information prepared by third parties and supplied by the Borrower Industrial Occupant to the Department PIDA and/or any third party under the provisions hereof for the purpose of any report or certificate to be furnished to the Department PIDA in connection with this Agreement or any of the Loan Documents, the Borrower Industrial Occupant shall deliver a written notice to the Department PIDA as soon as possible if it believes that such information is not complete and accurate in all material respects, which written notice shall include the basis for such belief. Section 4.18.

Appears in 1 contract

Samples: Subordination and Assumption Agreement (Piercing Pagoda Inc)

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