Common use of Breach of Representations and Warranties Clause in Contracts

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 13 contracts

Samples: Financing and Security Agreement (Pec Solutions Inc), Financing and Security Agreement (ARGON ST, Inc.), Financing and Security Agreement (Dcap Group Inc)

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Breach of Representations and Warranties. Any material representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the BorrowerBorrowers), financial statement or other document instrument furnished in connection with this Agreement, the Obligations or with the execution and delivery of any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 7 contracts

Samples: Financing and Security Agreement (American Retirement Corp), Financing and Security Agreement (Sunrise Assisted Living Inc), Financing and Security Agreement (Sunrise Assisted Living Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the BorrowerBorrowers), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 4 contracts

Samples: Financing and Security Agreement (Gp Strategies Corp), Financing and Security Agreement (Gp Strategies Corp), Financing and Security Agreement (Gp Strategies Corp)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement herein or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document instrument furnished in connection with this Agreement, the Obligations or with the execution and delivery of any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 3 contracts

Samples: Financing and Security Agreement (Fti Consulting Inc), Financing and Security Agreement (Forensic Technologies International Corp), Financing and Security Agreement (National Techteam Inc /De/)

Breach of Representations and Warranties. Any material representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document instrument furnished in connection with this Agreement, the Obligations or with the execution and delivery of any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 3 contracts

Samples: Financing and Security Agreement (Alternative Living Services Inc), Financing and Security Agreement (Sunrise Assisted Living Inc), Financing and Security Agreement (Alternative Living Services Inc)

Breach of Representations and Warranties. Any material representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower)opinion, financial statement or other document instrument furnished in connection with this Agreement, the Obligations or with the execution and delivery of any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sunrise Senior Living Inc), Loan and Security Agreement (Sunrise Senior Living Inc), Loan and Security Agreement (Sunrise Assisted Living Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrowerany Obligor), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been is false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 2 contracts

Samples: Financing and Security Agreement (Optelecom-Nkf, Inc.), Financing and Security Agreement (Optelecom Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement herein or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the BorrowerBorrowers), financial statement or other document instrument furnished in connection with this Agreement, the Obligations or with the execution and delivery of any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 2 contracts

Samples: Financing and Security Agreement (Versar Inc), Financing and Security Agreement (Fti Consulting Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 2 contracts

Samples: Financing and Security Agreement (Liquidity Services Inc), Financing and Security Agreement (Gp Strategies Corp)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the BorrowerDebtor), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 2 contracts

Samples: Security Agreement (Liquidity Services Inc), Security Agreement (Liquidity Services Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the BorrowerCorporation), financial statement or other document furnished by Corporation or its agents or representatives in connection with this Agreement, any of the other Financing Loan Documents, or the ObligationsObligations or the other obligations secured by this Agreement, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Pledge, Assignment and Security Agreement (Sunrise Senior Living Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.. 7.1.3

Appears in 1 contract

Samples: Financing and Security Agreement (Halifax Corp)

Breach of Representations and Warranties. Any representation or warranty made by the Borrower or any of its Subsidiaries in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents or the Merger Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respector deemed made.

Appears in 1 contract

Samples: Financing and Security Agreement (Reunion Industries Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the BorrowerBorrowers), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material adverse respect.

Appears in 1 contract

Samples: Financing Agreement (Mid Atlantic Realty Trust)

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Breach of Representations and Warranties. Any representation or warranty made by or on behalf of the Borrower or any Subsidiary Guarantor in this Agreement Agreement, in any of the other Financing Documents, or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower)opinion, financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (BPC Holding Corp)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for any or all of the BorrowerBorrowers), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Financing and Security Agreement (Flanders Corp)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished by the Borrower or its agents or representatives in connection with this Agreement, any of the other Financing Documents, or the ObligationsObligations or the other obligations secured by this Agreement, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Pledge, Assignment and Security Agreement (Liquidity Services Inc)

Breach of Representations and Warranties. Any material representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Financing and Security Agreement (Healthextras Inc)

Breach of Representations and Warranties. Any representation or warranty made by the Borrower or any of its Subsidiaries in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respector deemed made.

Appears in 1 contract

Samples: Financing and Security Agreement (Chatwins Group Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished by Borrower or its agents or representatives in connection with this Agreement, any of the other Financing Documents, or the ObligationsObligations or the other obligations secured by this Agreement, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Pledge, Assignment and Security Agreement (Liquidity Services Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, report statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Financing and Security Agreement (Healthextras Inc)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrower), financial statement or other document furnished in connection with this Agreement, any of the other Financing Documents, or the Obligations, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respectrespect as of the date made.

Appears in 1 contract

Samples: Financing Agreement (MCG Capital Corp)

Breach of Representations and Warranties. Any representation or warranty made in this Agreement or in any report, statement, schedule, certificate, opinion (including any opinion of counsel for the Borrowereither Assignor), financial statement or other document furnished by either Assignor or its agents or representatives in connection with this Agreement, any of the other Financing Documents, or the ObligationsObligations or the other obligations secured by this Agreement, shall prove to have been false or misleading when made (or, if applicable, when reaffirmed) in any material respect.

Appears in 1 contract

Samples: Pledge, Assignment and Security Agreement (Sunrise Assisted Living Inc)

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