Common use of Disclosure Generally Clause in Contracts

Disclosure Generally. The representations and statements made by the Borrowers or on their behalf in connection with this Credit Facility and the Loans, including representations and statements in each of the Loan Documents, do not and will not contain any untrue statement of a material fact or omit to state a material fact or any fact necessary to make the representations made not materially misleading. No written information, exhibit, report, brochure or financial statement furnished by the Borrowers to the Banks in connection with this Credit Facility, the Loans, or any Loan Document contains or will contain any material misstatement of fact or omit to state a material fact or any fact necessary to make the statements contained therein not misleading. Notwithstanding anything to the contrary in this Agreement, the Disclosure Schedule (Schedule 1) to this Agreement shall be promptly updated by the Borrowers whenever necessary to reflect events that have occurred which would make the latest Disclosure Schedule delivered by the Borrowers to the Banks inaccurate or misleading; provided, however, that no updating of the Disclosure Schedule shall operate to: (i) cure a breach of a representation or warranty previously made by any Borrower or Guarantor; (ii) modify any of the covenants or obligations of any Borrower or Guarantor under this Agreement or any other Loan Document (including any affirmative covenants, negative covenants or financial covenants); (iii) prevent the occurrence of the disclosed event from constituting a Potential Default or Event of Default if the occurrence of such event otherwise constitutes a Potential Default or Event of Default under this Agreement or any other Loan Document; or (iv) expand the definitions of "Existing Debt" or "Permitted Liens" allowed under this Agreement.

Disclosure Generally. The representations and statements made by the Borrowers Borrower or on their its behalf in connection with this Credit Facility and the Loans, including representations and statements in each of the Loan Documents, do not and will not contain any untrue statement of a material fact or omit to state a material fact or any fact necessary to make the representations made not materially misleading. No written information, exhibit, report, brochure or financial statement furnished by the Borrowers Borrower to the Banks in connection with this Credit Facility, the Loans, or any Loan Document contains or will contain any material misstatement of fact or omit to state a material fact or any fact necessary to make the statements contained therein not misleading. Notwithstanding anything to the contrary in this Agreement, the Disclosure Schedule (Schedule 1) to this Agreement shall be promptly updated by the Borrowers Borrower whenever necessary to reflect events that have occurred which would make the latest Disclosure Schedule delivered by the Borrowers Borrower to the Banks inaccurate or misleading; provided, however, that no updating of the Disclosure Schedule shall operate to: (i) cure a breach of a representation or warranty previously made by any the Borrower or any Guarantor; (ii) modify any of the covenants or obligations of any the Borrower or any Guarantor under this Agreement or any other Loan Document (including any affirmative covenants, negative covenants or financial covenants); (iii) prevent the occurrence of the disclosed event from constituting a Potential Default or Event of Default if the occurrence of such event otherwise constitutes a Potential Default or Event of Default under this Agreement or any other Loan Document; or (iv) expand the definitions of "“Existing Debt" ” or "“Permitted Liens" ” allowed under this Agreement.

Disclosure Generally. The representations All Schedules attached hereto are incorporated herein and statements expressly made by the Borrowers or on their behalf in connection with a part of this Credit Facility and the Loans, including representations and statements in each of the Loan Documents, do not and will not contain any untrue statement of a material fact or omit to state a material fact or any fact necessary to make the representations made not materially misleadingAgreement as though completely set forth herein. No written information, exhibit, report, brochure or financial statement furnished by the Borrowers to the Banks in connection with this Credit Facility, the Loans, or any Loan Document contains or will contain any material misstatement of fact or omit to state a material fact or any fact necessary to make the statements contained therein not misleading. Notwithstanding anything to the contrary in this Agreement, the Disclosure Schedule (Schedule 1) All references to this Agreement herein or in any of the Schedules shall be promptly updated by the Borrowers whenever necessary deemed to reflect events that have occurred which would make the latest Disclosure Schedule delivered by the Borrowers refer to the Banks inaccurate or misleadingthis entire Agreement, including all Schedules; provided, however, that no updating of the Disclosure information furnished in any particular Schedule shall operate to: (i) cure be deemed to be included in another Schedule if such information can reasonably be interpreted as having application to such other Schedule notwithstanding the absence of a breach of cross-reference contained therein. Notwithstanding the foregoing, nothing in the Schedules hereto shall be deemed adequate to disclose an exception to a representation or warranty previously made by any Borrower or Guarantor; (ii) modify any herein unless the Schedule identifies the exception with reasonable particularity and describes the relevant facts in reasonable detail. Without limiting the generality of the covenants foregoing, the mere listing (or obligations inclusion of a copy) of a document or other item shall not be deemed adequate to disclose an exception to a representation or warranty made herein (unless the representation or warranty has to do with the existence of the document or other item itself). The Parties intend that each representation, warranty, and covenant contained herein shall have independent significance. If any Party has breached any representation, warranty, or covenant contained herein in any respect, the fact that there exists another representation, warranty, or covenant relating to the same subject matter (regardless of the relative levels of specificity) which the Party has not breached shall not detract from or mitigate the fact that the party is in breach of the first representation, warranty, or covenant. Application of SECTION 2.2 shall not prevent or mitigate the rights of any Borrower or Guarantor under this Agreement or Party to bring any other Loan Document (including any affirmative covenants, negative covenants or financial covenants); (iii) prevent the occurrence of the disclosed event from constituting a Potential Default or Event of Default if the occurrence of such event otherwise constitutes a Potential Default or Event of Default under this Agreement or any other Loan Document; or (iv) expand the definitions of "Existing Debt" or "Permitted Liens" allowed under this Agreementclaim for indemnification hereunder.

Disclosure Generally. The representations and statements made by the Borrowers Borrower or on their its behalf in connection with this Credit Facility Agreement and the Loans, including representations and statements in each of the Loan Documents, do not and will not contain any untrue statement of a material fact or omit to state a material fact or any fact necessary to make the representations made not materially misleading. No written information, exhibit, report, brochure or financial statement furnished by the Borrowers Borrower to the Banks Lender in connection with this Credit FacilityAgreement, the Loans, Loans or any Loan Document contains or will contain any material misstatement of fact or omit to state a material fact or any fact necessary to make the statements contained therein not misleading. Notwithstanding anything to the contrary in this Agreement, the Disclosure Schedule (Schedule 1) to this Agreement shall be promptly updated by the Borrowers Borrower whenever necessary to reflect events that have occurred which would make the latest Disclosure Schedule information contained therein delivered by the Borrowers Borrower to the Banks Lender inaccurate or misleading; provided, however, that no updating of the any such Disclosure Schedule shall operate to: (i) cure a breach of a representation or warranty previously made by any Borrower or Guarantorthe Borrower; (ii) modify any of the covenants or obligations of any the Borrower or Guarantor under this Agreement or any other Loan Document (including any affirmative covenants, negative covenants or financial covenants); (iii) prevent the occurrence of the disclosed event from constituting a Potential Default or Event of Default if the occurrence of such event otherwise constitutes a Potential Default or Event of Default under this Agreement or any other Loan Document; or (iv) expand the definitions definition of "Existing Debt" or "Permitted Liens" allowed under this Agreement.

Disclosure Generally. The representations and statements made by the Borrowers Borrower or on their its behalf in connection with this Credit Facility Agreement and the Loans, including representations and statements in each of the Loan Documents, do not and will not contain any untrue statement of a material fact or omit to state a material fact or any fact necessary to make the representations made not materially misleading. No written information, exhibit, report, brochure or financial statement furnished by the Borrowers Borrower to the Banks Lender in connection with this Credit FacilityAgreement, the Loans, Loans or any Loan Document contains or will contain any material misstatement of fact or omit to state a material fact or any fact necessary to make the statements contained therein not misleading. Notwithstanding anything to the contrary in this Agreement, the Disclosure Schedule (Schedule 1) to this Agreement shall be promptly updated by the Borrowers Borrower whenever necessary to reflect events that have occurred which would make the latest Disclosure Schedule information contained therein delivered by the Borrowers Borrower to the Banks Lender inaccurate or misleading; provided, however, that no updating of the any such Disclosure Schedule shall operate to: (i) cure a breach of a representation or warranty previously made by any Borrower or Guarantorthe Borrower; (ii) modify any of the covenants or obligations of any the Borrower or Guarantor under this Agreement or any other Loan Document (including any affirmative covenants, negative covenants or financial covenants); (iii) prevent the occurrence of the disclosed event from constituting a Potential Default or Event of Default if the occurrence of such event otherwise constitutes a Potential Default or Event of Default under this Agreement or any other Loan Document; or (iv) expand the definitions definition of "Existing Debt" or "“Permitted Liens" ” allowed under this Agreement.

Disclosure Generally. The representations and statements made by the Borrowers Borrower or on their its behalf in connection with this Credit Facility Agreement and the Loans, including representations and statements in each of the Loan Documents, do not and will not contain any untrue statement of a material fact or omit to state a material fact or any fact necessary to make the representations made not materially misleading. No written information, exhibit, report, brochure or financial statement furnished by the Borrowers Borrower to the Banks in connection with this Credit FacilityAgreement, the Loans, or any Loan Document contains or will contain any material misstatement of fact or omit to state a material fact or any fact necessary to make the statements contained therein not misleading. Notwithstanding anything to the contrary in this Agreement, the Disclosure Schedule (Schedule 1) to this Agreement shall be promptly updated by the Borrowers Borrower whenever necessary to reflect events that have occurred which would make the latest Disclosure Schedule delivered by the Borrowers Borrower to the Banks inaccurate or misleading; provided, however, that no updating of the Disclosure Schedule shall operate to: (i) cure a breach of a representation or warranty previously made by any the Borrower or any Guarantor; (ii) modify any of the covenants or obligations of any the Borrower or any Guarantor under this Agreement or any other Loan Document (including any affirmative covenants, negative covenants or financial covenants); (iii) prevent the occurrence of the disclosed event from constituting a Potential Default or Event of Default if the occurrence of such event otherwise constitutes a Potential Default or Event of Default under this Agreement or any other Loan Document; or (iv) expand the definitions of "“Existing Debt" ” or "“Permitted Liens" ” allowed under this Agreement.