Common use of Disclosure Updates Clause in Contracts

Disclosure Updates. Each Borrower will, promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 7 contracts

Sources: Credit Agreement (Connecture Inc), Second Lien Term Loan Agreement (Connecture Inc), Credit Agreement (Connecture Inc)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 five (5) Business Days after obtaining an Authorized Person obtains knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in any material respect in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 7 contracts

Sources: Loan and Security Agreement (Horizon Technology Finance Corp), Loan and Security Agreement (LAGO Evergreen Credit), Loan and Security Agreement (Horizon Technology Finance Corp)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 10 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with the terms of this Agreement Lender Group contained, at the time it was furnished, when taken together with all written information, exhibits and reports so furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect affect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 2 contracts

Sources: Loan and Security Agreement (SMART Modular Technologies (WWH), Inc.), Loan and Security Agreement (SMART Modular Technologies (DE), Inc.)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 Business Days after a Responsible Officer of any of the Loan Parties obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with the terms of this Agreement Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Securus Technologies, Inc.)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 Business Days 10 days after obtaining knowledge thereof, notify Agent Agents if any written information, exhibit, or report furnished to Agent Agents or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact when taken as a whole or omitted to state any material fact necessary to make the statements contained therein not misleading when taken as a whole, in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Seitel Inc)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 Business Days (or such longer period as may be determined by Agent in its sole discretion) after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with the terms of this Agreement Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Stock Building Supply Holdings, Inc.)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, (a) notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with the terms of this Agreement Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which mademade and (b) provide to Agent notice of any changes or other modifications to the Investment Policy. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules heretohereto or to the Disclosure Letter.

Appears in 1 contract

Sources: Credit Agreement (Advent Software Inc /De/)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 10 Business Days after obtaining a Responsible Officer of a Loan Party obtains knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent, any Co-Collateral Agent or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Federal Signal Corp /De/)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 five (5) Business Days after obtaining knowledge thereof, notify each Agent if any written information, exhibit, or report furnished to Administrative Agent, Collateral Agent or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Great Lakes Aviation LTD)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 five (5) Business Days after obtaining an Authorized Person obtains knowledge thereof, notify Agent if any written information, exhibit, or report (when taken as a whole) furnished to Agent or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Loan and Security Agreement (Horizon Technology Finance Corp)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 five Business Days after obtaining knowledge thereof, notify the Administrative Agent if any written information, exhibit, or report furnished to the Administrative Agent or the Lenders in accordance with the terms of this Agreement contained, at the time it was furnished, any untrue statement of a material fact as of that time or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which existing at the time such statements were made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not in and of itself cure or remedy the effect of the prior untrue statement of a such material fact or omission of any such material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (NGA Holdco, LLC)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with Lender Group (including the terms of this Agreement UFOC pertaining to the Franchises) contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Jamba, Inc.)

Disclosure Updates. Each Borrower will, promptly Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to Agent or the Lenders in accordance with the terms of this Agreement Lender Group contained, at the time it was furnished and taken as a whole with all other such information so furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

Appears in 1 contract

Sources: Credit Agreement (Portrait Corp of America, Inc.)