Common use of Complete Disclosure Clause in Contracts

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents, but excluding any Projections) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s 's good faith best estimate of the future performance of Borrower its and its Subsidiaries future performance for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s 's good faith best estimate of the its future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, accurate in all material respects, respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections shall represent Borrower’s Borrowers' good faith best estimate of the their and their Subsidiaries' future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and a Loan Party or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and a Loan Party or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the Loan Parties’ and their Subsidiaries future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Parent, Borrowers or their respective Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Parent, Borrowers or their respective Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, accurate in all material respects, respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s Borrowers’ good faith best estimate of the Parent’s and its Subsidiaries’ future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Subsidiaries in writing to Administrative Agent Agent, the Specified Appointee or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries in writing to Agent, the Administrative Agent Specified Appointee or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Amendment No. 2 Closing Date, the Projections delivered as of the Amendment No. 2 Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative AgentAgent or the Specified Appointee, such additional Projections represent will represent, Borrower’s 's good faith best estimate of the its future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the future performance of Borrower its and its Subsidiaries future performance for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, accurate in all material respects, respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s Borrowers’ good faith best estimate of the their and their Subsidiaries’ future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or any Loan Party on behalf of Borrower and such Loan Party or its Subsidiaries Subsidiaries, in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or any Loan Party on behalf of Borrower and such Loan Party or its Subsidiaries Subsidiaries, in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date representBusiness Plan represents, and as of the date on which any other Projections are delivered to Administrative AgentLender, such additional Projections represent Borrowerrepresent, each Loan Party’s good faith best estimate of the its and its Subsidiaries’ future performance of Borrower and its Subsidiaries for the periods covered thereby.. 50

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s Xxxxxxxx's good faith best estimate of the future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, accurate in all material respects, respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s Borrowers' good faith best estimate of the their and their Subsidiaries' future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Subsidiaries Borrowers or any Subsidiary of Borrowers in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries Borrowers or any Subsidiary of Borrowers in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative AgentLender, such additional Projections represent Borrower’s Borrowers' good faith best estimate of the its future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Originator, Servicer, Parent, Borrower and its or their respective Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries such Persons in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Business Plans represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent BorrowerServicer’s and Parent’s respective good faith best estimate of the their future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Datedate hereof, the Projections delivered as of the Closing Date represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the its future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and Parent or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan DocumentsDocuments but excluding any Projections) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and Parent or its Subsidiaries in writing to the Administrative Agent or any Lender (excluding any Projections) will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the future performance of Borrower its and its Subsidiaries future performance for the periods covered thereby, based on reasonable assumptions.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Borrowers or their Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, accurate in all material respects, respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s Borrowers’ good faith best estimate of the their and their Subsidiaries’ future performance of Borrower and its Subsidiaries for the periods covered therebythereby based upon assumptions believed by Borrowers to be reasonable at the time of the delivery thereof.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such Xxxxxx Energy Loan Agreement information was provided. On the Closing Date, the Projections delivered as of the Closing Date represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and or its Domestic Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents Documents, or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and or its Domestic Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the its and its Domestic Subsidiaries future performance of Borrower and its Subsidiaries for the periods covered thereby.

Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Borrower and or its Subsidiaries in writing to Administrative Agent or any Lender (including all information contained in the Schedules hereto or in the other Loan Documents) for purposes of or in connection with this Agreement, the other Loan Documents, the Acquisition Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Borrower and or its Subsidiaries in writing to the Administrative Agent or any Lender will be, true and accurate, in all material respects, on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the circumstances under which such information was provided. On the Closing Date, the Projections delivered as of the Closing Date Projections represent, and as of the date on which any other Projections are delivered to Administrative Agent, such additional Projections represent Borrower’s good faith best estimate of the future performance of Borrower its and its Subsidiaries future performance for the periods covered thereby.