Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 44 contracts
Samples: Security Agreement (Gaiam, Inc), Security Agreement (Hybrook Resources Corp.), Security Agreement (Geokinetics Inc)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;
Appears in 15 contracts
Samples: Revolving Credit and Security Agreement (Great Lakes Dredge & Dock CORP), Loan and Security Agreement (PHI Group, Inc./De), Security Agreement (Mammoth Energy Services, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, any of the Other Document or any related agreement Documents or in any certificateagreement, document documents, certificate or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;
Appears in 12 contracts
Samples: Term Loan Credit and Security Agreement (Quantum Corp /De/), Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 11 contracts
Samples: Revolving Credit Agreement (Crystal River Capital, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.), Security Agreement (Research Pharmaceutical Services, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Credit Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 9 contracts
Samples: Credit and Security Agreement (Emerge Energy Services LP), Security Agreement (Emerge Energy Services LP), Revolving Credit and Security Agreement (Emerge Energy Services LP)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 9 contracts
Samples: Security Agreement (Berliner Communications Inc), Security Agreement (TCP International Holdings Ltd.), Security Agreement (Hudson Technologies Inc /Ny)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Credit Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 8 contracts
Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Emerge Energy Services LP)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Loan Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 6 contracts
Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Security Agreement (NYTEX Energy Holdings, Inc.), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 5 contracts
Samples: Security Agreement (Osteotech Inc), Security Agreement (Merisel Inc /De/), Security Agreement (Dreams Inc)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 4 contracts
Samples: , and Security Agreement (Rocky Brands, Inc.), Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Note Party in this Agreement, any Other other Note Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 3 contracts
Samples: Note Purchase Agreement (Keane Group, Inc.), Note Purchase Agreement (Keane Group, Inc.), Note Purchase Agreement (Keane Group, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;β
Appears in 3 contracts
Samples: First Amendment and Waiver (Research Pharmaceutical Services, Inc.), First Amendment and Waiver (Research Pharmaceutical Services, Inc.), First Amendment and Waiver (Research Pharmaceutical Services, Inc.)
Breach of Representation. Any representation or warranty made by or deemed made on behalf of any Loan Party or by any Borrower officer of the foregoing under or any Guarantor in connection with this Agreement, any Other Document or any related agreement or in any certificate, document or financial or 116 other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 2 contracts
Samples: Joinder Agreement (Boot Barn Holdings, Inc.), Joinder Agreement (Boot Barn Holdings, Inc.)
Breach of Representation. Any Except as provided in Section 10.22, any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 2 contracts
Samples: Credit and Security Agreement (Green Plains Inc.), Credit and Security Agreement (Green Plains Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document Agreement or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;
Appears in 2 contracts
Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor Client in this Agreement, or in any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith therewith, shall prove to have been untrue, incorrect or misleading in any material respect on the date when made or when deemed to have been be made;.
Appears in 2 contracts
Samples: Payplant Client Agreement (Sysorex, Inc.), Ammended And (Inpixon)
Breach of Representation. Any representation or warranty made by or deemed made on behalf of any Loan Party or by any Borrower officer of the foregoing under or any Guarantor in connection with this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 2 contracts
Samples: Credit Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Boot Barn Holdings, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower Loan Party or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Breach of Representation. Any representation representation, warranty or warranty certification made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been inaccurate or misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Intercreditor Agreement (Empeiria Acquisition Corp)
Breach of Representation. Any representation or warranty made or deemed made by any the Borrower or any Guarantor in this Agreement, any Other other Loan Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock CORP)
Breach of Representation. Any If any representation or warranty made or deemed made by any Borrower the Borrower, a Subsidiary or any other Guarantor in this Agreement, in the Guaranty or in any Other Document other Loan Document, or any related agreement statement or representation made in any certificate, document report or financial opinion delivered pursuant to this Agreement or other statement furnished at any time Loan Document or in connection herewith or therewith shall prove to have been misleading in with any material respect on the date borrowing under this Agreement was materially untrue when made or deemed to have been made, or is breached in any material respect;
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other other Loan Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Loan and Security Agreement (Swenson Granite Co LLC)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor XXXX in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Security Agreement (Amrep Corp.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Loan and Security Agreement (Boomerang Systems, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower Borrower, any Subsidiary, or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Tecumseh Products Co)
Breach of Representation. Any If any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement Agreement or in any certificateother Loan Document, document or financial any representation or warranty made by any Borrower in any certificate or report delivered pursuant to this Agreement or other statement furnished at any time Loan Document or in connection herewith or therewith shall prove to have been misleading in with any material respect on the date borrowing under this Agreement was materially untrue when made or deemed to have been made, or is breached in any material respect;
Appears in 1 contract
Breach of Representation. Any Except as provided in Section 10.17, any representation or warranty made or deemed made by any Borrower or any Guarantor or deemed made in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this AgreementAgreement (to the extent it is a party), any Other Document to which it is a party or any related agreement (to the extent it is a party) or in any certificate, document or financial or other statement (to the extent it is a party) furnished at any time by such Person in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower Borrowers or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Breach of Representation. Any material representation or warranty made or deemed made by any Borrower Purchaser or any Guarantor of its Subsidiaries in this Agreement, any Other Seller Transaction Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been mademade and such failure shall have resulted in Material Adverse Effect;
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in to Lender under this Agreement, any Other Document the other Loan Documents or any related agreement certificate or in any certificate, document or financial or other statement furnished at any time information delivered in connection herewith with this Agreement or therewith the other Loan Documents shall prove to have been be false or misleading in any material respect on the date when made or deemed to have been made;.
Appears in 1 contract
Samples: Intercompany Loan Agreement (Stonepeak Catarina Holdings LLC)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower Holdings or any Guarantor Credit Party in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect (without duplication of any materiality qualifier) on the date when made or deemed to have been made;.
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been inaccurate or misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, Agreement or any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith pursuant hereto or therewith thereto shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document DIP Term Sheet or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been made;; (c)
Appears in 1 contract
Samples: Restructuring Support Agreement (Ion Geophysical Corp)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in in, or deemed to have been made pursuant to the express provisions of, this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Credit and Security Agreement (Horizon Offshore Inc)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other other Credit Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;
Appears in 1 contract
Samples: Credit Agreement (Keane Group, Inc.)
Breach of Representation. Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Zanett Inc)
Breach of Representation. Any material representation or warranty made or deemed made by any Borrower Purchaser, Guarantor or any Guarantor of their Subsidiaries in this Agreement, any Other Seller Transaction Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been incorrect or misleading in any material respect on the date when made or deemed to have been mademade and such failure shall have resulted in Material Adverse Effect;
Appears in 1 contract
