Common use of Breach of Warranty Clause in Contracts

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 90 contracts

Samples: Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Express Scripts Holding Co.), Credit Agreement (Ruths Hospitality Group, Inc.)

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Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by the Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 25 contracts

Samples: Senior Secured Credit Agreement (Central European Media Enterprises LTD), Subordinated Credit Agreement (Capstone Pharmacy Services Inc), Senior Secured Loan Agreement (RBF Finance Co)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrower or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 23 contracts

Samples: Credit Agreement (Thoratec Corp), Credit Agreement (Isle of Capri Casinos Inc), Credit Agreement (Isle of Capri Casinos Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Holdings or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Holdings or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 19 contracts

Samples: Credit Agreement (IntraLinks Holdings, Inc.), Credit Agreement (IntraLinks Holdings, Inc.), Intercreditor Agreement (SafeNet Holding Corp)

Breach of Warranty. Any material representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 8 contracts

Samples: Credit Agreement (Aurora Foods Inc /De/), Credit Agreement (Aurora Foods Inc /De/), Security Agreement (Aurora Foods Inc /Md/)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 6 contracts

Samples: Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Obligor or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company such Obligor or any of its respective Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 5 contracts

Samples: Second Lien Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc), Credit Agreement (Beasley Broadcast Group Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Borrowers or any of its their Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrowers or any of its their Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 4 contracts

Samples: Farmland Industries Inc, Credit Agreement (Farmland Industries Inc), Credit Agreement (La Quinta Corp)

Breach of Warranty. Any representation, warranty, certification representation or other statement warranty made at any time by Company or any of its Holdings and the Material Subsidiaries herein or by any of Holdings and the Material Subsidiaries in any other Loan Document Document, or in any certificate, other instrument, or statement furnished by Holdings or certificate at any time given by Company a Material Subsidiary pursuant to the provisions hereof or any of its Subsidiaries in writing pursuant hereto thereof, shall prove to have been false or thereto or in connection herewith or therewith shall be false misleading in any material respect on the date as of which made; orthe time it was made or furnished;

Appears in 4 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD), Credit Agreement (Assured Guaranty LTD)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrower or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be to any Loan Document is false in any material respect on the date as of which made or deemed made; or

Appears in 4 contracts

Samples: Credit Agreement (Surewest Communications), Credit Agreement (Surewest Communications), Credit Agreement (Atlantic Tele Network Inc /De)

Breach of Warranty. Any representation, warranty, certification or other statement of fact made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given delivered by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 3 contracts

Samples: Credit Agreement (Panolam Industries International Inc), Credit Agreement (Panolam Industries International Inc), Credit Agreement (Panolam Industries International Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries Material Domestic Subsidiary in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries Material Domestic Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 3 contracts

Samples: Security Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/), Credit Agreement (Urs Corp /New/)

Breach of Warranty. Any written representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any written statement or certificate at any time given by Company or any of its Subsidiaries (or deemed to be given in writing connection with any borrowing hereunder) pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 3 contracts

Samples: Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Company or any of its Restricted Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Company or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (or if such representation, warranty, certification or other statement is qualified by materiality or Material Adverse Effect, in any respect) on the date as of which made; or

Appears in 3 contracts

Samples: Possession Credit Agreement (FTD Companies, Inc.), Credit Agreement (FTD Companies, Inc.), Credit Agreement (FTD Companies, Inc.)

Breach of Warranty. Any representation, warranty, certification or other statement made or deemed made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 3 contracts

Samples: Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/), Credit Agreement (Players International Inc /Nv/)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Parent or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 3 contracts

Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Restricted Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 3 contracts

Samples: Credit Agreement (United Online Inc), Credit Agreement (Sandhills Inc), Credit Agreement (Pantry Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Credit Party in any Loan Document, or by the ParentBorrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company the ParentBorrower or any of its Subsidiaries such Subsidiary in writing pursuant hereto or thereto thereto, or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Term Loan Agreement (Assurant Inc), Credit Agreement (Assurant Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company the Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company the Borrower or any of its Subsidiaries or in writing pursuant hereto or thereto or in connection herewith or therewith shall be with any Loan Document is false in any material respect on the date as of which made or deemed made; or

Appears in 2 contracts

Samples: Credit Agreement (Citizens Communications Co), Credit Agreement (Citizens Communications Co)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company the Borrowers or any of its their Restricted Subsidiaries in any Loan Document (other than the Disbursement Agreement) or in any statement or certificate at any time given by Company the Borrowers or any of its their Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Credit Agreement (Las Vegas Sands Corp), Credit Agreement (Las Vegas Sands Corp)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Company or any of its Subsidiaries in any Loan Investment Document or in any statement or certificate at any time given by Company or any of its Subsidiaries such Person in writing pursuant hereto or thereto or in connection herewith or therewith shall be with any Investment Document is false in any material respect on the date as of which made; ormade (without regard to materiality or “Material Adverse Effect” qualifiers contained therein).

Appears in 2 contracts

Samples: Note Purchase Agreement (Fermavir Pharmaceuticals, Inc.), Note Purchase Agreement (Inhibitex, Inc.)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Parent or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Parent or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made or deemed made; or

Appears in 2 contracts

Samples: Credit Agreement (CFP Holdings Inc), Credit Agreement (CFP Holdings Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Holdings, Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Holdings, Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Term Loan Agreement (Bare Escentuals Inc), Credit Agreement (Bare Escentuals Inc)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by Company Borrower or any of its Subsidiaries other Loan Party in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries Borrower in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 2 contracts

Samples: Primestar Inc, Primestar Inc

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Parent or any of its Restricted Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its the Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Credit Agreement (U.S. Silica Holdings, Inc.), Credit Agreement (U.S. Silica Holdings, Inc.)

Breach of Warranty. Any representation, warranty, certification representation or other statement warranty made at any time by Company or any of its the Company and the Material Subsidiaries herein or by any of the Company and the Material Subsidiaries in any other Loan Document Document, or in any certificate, other instrument, or statement or certificate at any time given furnished by the Company or any of its Subsidiaries in writing a Material Subsidiary pursuant hereto to the provisions hereof or thereto thereof, shall prove to have been false or in connection herewith or therewith shall be false misleading in any material respect on the date as of which made; orthe time it was made or furnished;

Appears in 2 contracts

Samples: Credit Agreement (Assured Guaranty LTD), Credit Agreement (Ace LTD)

Breach of Warranty. Any representation, warranty, certification representation or other statement warranty made by the Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Credit Agreement (Cb Commercial Real Estate Services Group Inc), Credit Agreement (Cb Commercial Holdings Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company the Borrowers or any of its their Subsidiaries in any Loan Document (other than the Disbursement Agreement) or in any statement or certificate at any time given by Company the Borrowers or any of its their Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Construction Loan Agreement (Las Vegas Sands Inc), Construction Loan Agreement (Las Vegas Sands Corp)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company any Loan Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 2 contracts

Samples: Credit Agreement (Prime Succession Inc), Credit Agreement (Directed Electronics, Inc.)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Volt Information Sciences, Inc.)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in 124 connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Granite Broadcasting Corp)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; oror 8.5

Appears in 1 contract

Samples: Credit Agreement (Isle of Capri Casinos Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Company or any of its Subsidiaries in any Loan Debt Document or in any statement or certificate at any time given by Company or any of its Subsidiaries such Person in writing pursuant hereto or thereto or in connection herewith or therewith shall be with any Debt Document is false in any material respect on the date as of which made; or;

Appears in 1 contract

Samples: Securities Purchase Agreement (T Netix Inc)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by Company either of the Borrowers or any of its their Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company either of the Borrowers or any of its their Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Advanced Glassfiber Yarus LLC)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Holdings or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Holdings or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; oror 143

Appears in 1 contract

Samples: Credit Agreement (Sealy Corp)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Parent or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Parent or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Granite Broadcasting Corp)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Company or any of its Subsidiaries other Loan Party in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries other Loan Party in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or.

Appears in 1 contract

Samples: Credit Agreement (Transportation Technologies Industries Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Borrower or any of its Significant Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrower or any of its Significant Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be to any Loan Document is false in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Surewest Communications)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Read Rite Corp /De/)

Breach of Warranty. Any representation, warranty, representation or warranty or certification made or other statement made furnished by the Company or any of its Subsidiaries in any under this Agreement, the other Loan Document or in any statement or certificate at any time given by Company Documents or any of its Subsidiaries in writing pursuant hereto agreement, instrument or thereto document contemplated hereby and thereby shall, prove to have been false or in connection herewith or therewith shall be false incorrect in any material respect on the date as of which when made; or;

Appears in 1 contract

Samples: Credit Agreement (Aecom Technology Corp)

Breach of Warranty. Any material representation, warranty, certification or other statement made by Company Holdings or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Holdings or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (DMW Worldwide Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Company or any of its Restricted Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Company or any of its Restricted Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect (or if such representation, warranty, certification or other statement is 121 qualified by materiality or Material Adverse Effect, in any respect) on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (United Online Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company such Borrower or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith shall be with any of the Loan Documents is false in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company any Loan Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made (or deemed made); or

Appears in 1 contract

Samples: Credit Agreement (Rose Hills Co)

Breach of Warranty. Any representation, warranty, warranty or certification made or other statement made delivered by Company the Borrower or any of its Subsidiaries Guarantor in any Loan Document or in any statement or certificate at any time given by Company the Borrower or any of its Subsidiaries Guarantor in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any respect in all respects (with respect to representations, warranties and certifications qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations, warranties and certifications) on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Loan Agreement (Elgar Holdings Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Loan Party or by any of its Subsidiaries Parents in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries them in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; oror 8.5

Appears in 1 contract

Samples: Credit Agreement (Circus Circus Enterprises Inc)

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Breach of Warranty. Any representation, warranty, certification or other statement made by Company Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrower or any of its Subsidiaries in writing pursuant hereto or thereto or in 148 connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Security Agreement (Isle of Capri Casinos Inc)

Breach of Warranty. Any written representation, warranty, certification or other statement made by Company Borrower or any of its Subsidiaries in any Loan Document or in any written statement or certificate at any time given by Company Borrower or any of its Subsidiaries (or deemed to be given in writing connection with any borrowing hereunder) pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Term Credit Agreement (Safeway Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company any Loan Party or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Possession Credit Agreement (Propex Inc.)

Breach of Warranty. Any representation, warranty, warranty or certification made or other statement made delivered by the Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any respect in all respects (with respect to representations, warranties and certifications qualified by materiality or Material Adverse Effect) and in all material respects (with respect to all other representations, warranties and certifications) on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Loan Agreement (Formus Communications Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Parent, the Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Parent, the Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Wellman North America Inc)

Breach of Warranty. Any representation, warranty, certification representation or other statement warranty made or deemed made by Company or on behalf of Borrower or any of its Subsidiaries Subsidiary in or in connection with any Loan Document or any amendment or modification thereof or waiver thereunder or in any statement or certificate at any time given by Company or any of its Subsidiaries such Person in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Burlington Industries Inc /De/)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; oror 105

Appears in 1 contract

Samples: Credit Agreement (Urs Corp /New/)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrower or any of its Subsidiaries in writing pursuant hereto or thereto to or in connection herewith or therewith shall be with any of the Loan Documents is false in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (D&e Communications Inc)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by Company the Borrower or any Subsidiary of its Subsidiaries the Borrower in any Loan Document or in any statement or certificate at any time given by Company the Borrower or any Subsidiary of its Subsidiaries the Borrower in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (BGF Industries Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Holdings, Company or any of its their Subsidiaries in any Loan Document or in any statement or certificate at any time given by Holdings, Company or any of its their Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Bare Escentuals Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; oror 80 Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Korn Ferry International)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company the Company, the Parent or any of its their Subsidiaries in any Loan Subdebt Document or in any statement or certificate at any time given by Company or any of its Subsidiaries such Person in writing pursuant hereto or thereto or in connection herewith or therewith shall be with any Subdebt Document is false in any material respect on the date as of which made; or;

Appears in 1 contract

Samples: Investment Agreement (Bell Sports Corp)

Breach of Warranty. Any representation, warranty, certification or other statement made by Holding, Company or any of its Subsidiaries Material Subsidiary in any Loan Document or in any statement or certificate at any time given by Holding, Company or any of its Subsidiaries Material Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Nu Kote Holding Inc /De/)

Breach of Warranty. Any representation, warranty, certification or other statement made by Holding, Company or any of its Subsidiaries Subsidiary in any Loan Document or in any statement or certificate at any time given by Holding, Company or any of its Subsidiaries Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Nu Kote Holding Inc /De/)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company the Managing Member or any of its Subsidiaries Loan Party in any Loan Document or in any statement or certificate at any time given by Company the Managing Member or any of its Subsidiaries Loan Party in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Advance Facility Agreement

Breach of Warranty. Any representation, warranty, certification or other statement made by or on behalf of Holdings, Company or any of its their respective Subsidiaries in any Loan Document or in any statement or certificate at any time given by or on behalf of Holdings, Company or any of its their respective Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false false, incorrect or misleading in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Maidenform Brands, Inc.)

Breach of Warranty. Any representation, warranty, or certification or other statement made by Company Holdings or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Holdings or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Grande Communications Holdings, Inc.)

Breach of Warranty. Any representation, warranty, certification or other statement made by Holdings, Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Katy Industries Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by the Company or any of its Subsidiaries other Loan Party in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries other Loan Party in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Assignment Agreement (Transportation Technologies Industries Inc)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by the Company or any of its Subsidiaries Subsidiary in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries Subsidiary in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Galey & Lord Inc)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by the Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by the Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or.

Appears in 1 contract

Samples: Bridge Loan (Equinix Inc)

Breach of Warranty. Any representation, warranty, warranty or ------------------ certification or other statement made by Company the Borrower or any of its Subsidiaries Holdings in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries the Borrower in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Petersen Holdings LLC)

Breach of Warranty. Any material representation, warranty, certification or other statement made by Company Borrower or any of its Subsidiaries Subsidiaries, in any Loan Debt Refinancing Document or in any statement or certificate at any time given by Company Borrower or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be to any Loan Document is false in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Communication Intelligence Corp)

Breach of Warranty. Any representation, warranty, ------------------ certification or other statement made by Company Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company Borrower or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be to any Loan Document is false in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Credit Agreement (Surewest Communications)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by the Company or any of its Subsidiaries Subsidiary in any Loan Document or in any 87 -81- statement or certificate at any time given by Company or any of its Subsidiaries Loan Party in writing pursuant hereto or thereto or in connection herewith or therewith shall be false or incorrect in any material respect on the date as of which made or deemed made; or

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Cityscape Financial Corp)

Breach of Warranty. Any representation, warranty, certification representation or other statement warranty made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Owens Illinois Inc /De/)

Breach of Warranty. Any representation, warranty, warranty or certification or other statement made by Company or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; oror 8.5

Appears in 1 contract

Samples: Credit Agreement (Ameriprise Financial Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company or any of its Subsidiaries Obligor in any Loan Document or in any statement or certificate at any time given by Company or any of its Subsidiaries Obligor in writing pursuant hereto or thereto or in connection herewith or therewith shall be have been false or incorrect in any material respect on the date as of which when made or deemed made; or

Appears in 1 contract

Samples: Bridge Loan Agreement (Associated Materials Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company the Borrower in any Loan Document, or by the Borrower or any of its Subsidiaries in any Loan Document or in any statement or certificate at any time given by Company the Borrower or any of its Subsidiaries such Subsidiary in writing pursuant hereto or thereto thereto, or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Credit Agreement (Assurant Inc)

Breach of Warranty. Any representation, warranty, certification or other statement made by Company Holdings or any of its Subsidiaries in any Loan Note Document or in any statement or certificate at any time given by Company or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect on the date as of which made; or

Appears in 1 contract

Samples: Note Purchase Agreement (U.S. Silica Holdings, Inc.)

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