Common use of Complete Disclosure Clause in Contracts

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 89 contracts

Samples: Abl Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Mynd.ai, Inc.), Loan and Security Agreement (Chicago Atlantic Real Estate Finance, Inc.)

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Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 26 contracts

Samples: Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (Arlo Technologies, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent a Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 9 contracts

Samples: Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.), Loan Agreement (Apparel Holding Corp.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading (it being understood that forecasts and projections are subject to uncertainties and contingencies and no assurance can be given that any forecast or projection will be realized). There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Headwaters Inc), Loan and Security Agreement (Clearwater Paper Corp)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances in which they are made, not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances in which they were made (it being recognized that projections are not to be viewed as facts and that actual results during the period or periods covered by any such projections may differ materially from the projected results). There is no fact or circumstance that known to any Obligor has failed to disclose and not disclosed to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Guaranty and Security Agreement (Guess Inc), Loan, Guaranty and Security Agreement (Guess Inc), Guaranty and Security Agreement (Guess Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Loan Party has failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Loan and Guaranty Agreement (Seneca Foods Corp), Loan and Guaranty Agreement (Seneca Foods Corp), Loan and Guaranty Agreement (Seneca Foods Corp)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect. SECTION 10.

Appears in 4 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Guaranty and Security Agreement (Key Tronic Corp), Loan and Security Agreement (Us Concrete Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fact or fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances under which such statements are made. There is no fact or circumstance that any Obligor Loan Party has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse EffectChange.

Appears in 3 contracts

Samples: Term Loan Agreement (BOISE CASCADE Co), Credit Agreement (BOISE CASCADE Co), Credit Agreement (Boise Cascade Holdings, L.L.C.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances under which it was made. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp), Guaranty and Security Agreement (Turtle Beach Corp), Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Obligated Party has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc), Loan and Security Agreement (Sport Chalet Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There To the knowledge of the Obligors, there is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit Agreement (Covenant Logistics Group, Inc.), Credit Agreement (Covenant Transportation Group Inc), Credit Agreement (Covenant Transportation Group Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material factfact relating to a Borrower, nor fails to disclose any material fact relating to a Borrower necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Borrower has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc), Credit and Security Agreement (Titan International Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances under which such statements are made. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Cross Country Healthcare Inc), Loan and Security Agreement (Boise Cascade Holdings, L.L.C.), Loan and Security Agreement (Boise Cascade Holdings, L.L.C.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fact or fails to disclose any material fact necessary fact. Borrower has not failed to make the statements contained therein not materially misleading. There is no disclose to Lender in writing any fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected anticipated to have a Material Adverse Effect.. Redback – Loan Agreement

Appears in 2 contracts

Samples: Loan and Security Agreement (Mammoth Energy Partners LP), Loan and Security Agreement (Stingray Energy Services, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances under which and at the time at which they were made, taken as a whole, not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Borrower has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cooper Tire & Rubber Co), Loan and Security Agreement (Cooper Tire & Rubber Co)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances under which it was made, not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Guaranty and Security Agreement, Term Loan, Guaranty and Security Agreement (Turtle Beach Corp)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances in which such statements were made. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hypercom Corp), Loan and Security Agreement (Hypercom Corp)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances in which such statements were made. There is no fact or circumstance that any Obligor has failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (LIVE VENTURES Inc), Loan and Security Agreement (LIVE VENTURES Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances when made, not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Movado Group Inc), Loan and Security Agreement (Movado Group Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances under which and at the time at which they were made, not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.), Loan, Security and Guaranty Agreement (Hyster-Yale Materials Handling, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has Borrowers have failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Xplore Technologies Corp), Loan and Security Agreement (Wireless Telecom Group Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance known to any Obligor that any such Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Spansion Inc.), Loan and Security Agreement

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.. [SIC] A&R Loan, Security and Guaranty Agreement

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Select Interior Concepts, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance circumstance, when taken as a whole, that any Obligor has the Credit Parties have failed to disclose to Agent in writing that has, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (MVC Capital, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances in which such statements were made, not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (THQ Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent misleading in writing that could reasonably be expected to have a Material Adverse Effectlight of the circumstances under which they were delivered.

Appears in 1 contract

Samples: Second Lien Loan and Security Agreement (Bon Ton Stores Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Xxxxxxxx has failed to disclose to Agent Lender in writing that has, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Financing Agreement (Servotronics Inc /De/)

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Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading in light of the circumstances under which it was made. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect. As of the Closing Date, the information included in the Beneficial Ownership Certification, if applicable, is true and correct in all respects.

Appears in 1 contract

Samples: Guaranty and Security Agreement (ArcLight Clean Transition Corp.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has the Credit Parties, when taken as a whole, have failed to disclose to Agent in writing that has, or could reasonably be expected to have have, a Material Adverse Effect.

Appears in 1 contract

Samples: Credit and Security Agreement (MVC Capital, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.. ​

Appears in 1 contract

Samples: Loan and Security Agreement (Adara Acquisition Corp.)

Complete Disclosure. No Loan Document contains any untrue statement by any Obligor of a material fact, nor fails to disclose any material fact necessary to make the statements by any Obligor contained therein therein, in light of the circumstances under which they were made, not materially misleadingmisleading at the time when made or delivered. There is no fact or circumstance known to any Obligor (other than industry-wide risks normally associated with types of business conducted by Obligors) that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Imperial Sugar Co /New/)

Complete Disclosure. No Loan Document contains any untrue statement of a material factfact relating to an Obligor, nor fails to disclose any material fact relating to an Obligor necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect. SECTION 10.

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

Complete Disclosure. (a) No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Americas Carmart Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Loan Party has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Summer Infant, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that Borrower or any Obligor Guarantor has failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Audioeye Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor Borrower has failed to disclose to Agent Lender in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Volt Information Sciences, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fact or fails to disclose any material fact necessary to make the statements contained therein not materially misleadingfact. There is no fact or circumstance that any Obligor No Borrower has failed to disclose to Agent Lender in writing any fact or circumstance of which the Borrowers are aware, that could reasonably be expected anticipated to have a Material Adverse Effect.

Appears in 1 contract

Samples: Senior Secured Loan and Security Agreement (Crumbs Bake Shop, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor is aware of and that any such Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Stonemor Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleadingmisleading (it being understood that Obligors are not making any representation or warranty hereunder with respect to statements with respect to any Lender or Agent hereunder). There is no fact or circumstance that any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Spherion Corp)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fact or fails to disclose any material fact necessary to make the statements contained therein not materially misleadingfact. There is no fact or circumstance that any Obligor No Loan Party has failed to disclose to Agent in writing any fact or circumstance that could reasonably be expected anticipated to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan, Security and Guaranty Agreement (Foundation Healthcare, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that misleading in each case, in light of the facts and circumstances existing at the time any Obligor has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.such statement was

Appears in 1 contract

Samples: Loan and Security Agreement (Superior Essex Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein therein, in light of the circumstances when made, not materially misleading. There is no fact or circumstance known to the Borrowers or any other Obligor that any Obligor has the Obligors have failed to disclose to the Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Telx Group, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent Lender in writing that could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Servicesource International, Inc.)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent, Collateral Agent or Documentation Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Americas Carmart Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that any Obligor has failed to disclose to Agent, Collateral Agent or Documentation Agent in writing that could reasonably be expected to have a Material Adverse Effect.. BN 6747822v16

Appears in 1 contract

Samples: Loan and Security Agreement (Americas Carmart Inc)

Complete Disclosure. No Loan Document contains any untrue statement of a material fact, nor fails to disclose any material fact necessary to make the statements contained therein not materially misleading. There is no fact or circumstance that known to any Obligor that such Xxxxxxx has failed to disclose to Agent in writing that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement

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