Common use of False Representation Clause in Contracts

False Representation. Any representation, warranty or statement made by Borrower, Guarantor or others under or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered with respect to the Loan Documents or the Indebtedness, including, but not limited to the Application, is determined by Lender to be false or misleading in any material respect as of the date hereof or when made;

Appears in 4 contracts

Samples: Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (RREEF Property Trust, Inc.), Loan Agreement (RREEF Property Trust, Inc.)

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False Representation. Any representation, warranty or statement made by Borrower, Guarantor the Borrower herein or others under in the Application or pursuant to in any of the Loan Documents or in any affidavit certificate or financial or other instrument executed or delivered with respect statement furnished pursuant to the provisions of any of the Loan Documents or the IndebtednessApplication (except for any representation, including, but not limited warranty or statement expressly made effective as of a date prior to the Applicationdate when made or furnished), is determined by Lender to be shall have been false or misleading in any material respect as of the date hereof when made or when deemed made;

Appears in 3 contracts

Samples: Loan Agreement (Tasty Baking Co), Loan Agreement (Tasty Baking Co), Loan Agreement (Tasty Baking Co)

False Representation. Any If any representation, warranty warranty, or statement made by BorrowerGrantor, Guarantor any Guarantor, or others under Constituent Party in, under, or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered with respect to the Loan Documents or the Indebtedness, including, but not limited to the Application, Indebtedness is determined by Lender Beneficiary to be false or misleading in any material respect as of the date hereof or when made;thereof or shall become so at any time prior to the repayment in full of the Indebtedness.

Appears in 1 contract

Samples: Deed of Trust (Grubb & Ellis Healthcare REIT II, Inc.)

False Representation. Any representation, If any representation or warranty or statement made by Borrower, Borrower or Guarantor or others under or pursuant to the Loan Security Documents or any affidavit other agreement between Borrower and Lender or in any report, certificate, financial statement or other instrument executed statement furnished by Borrower or delivered with respect Guarantor to the Loan Documents or the Indebtedness, including, but not limited Lender shall prove to the Application, is determined by Lender to be have been false or misleading in any material respect as of the date hereof such representation or when warranty was made;.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hometown Auto Retailers Inc)

False Representation. Any If any representation, warranty or statement made by Borrower, Guarantor Borrower or others in, under or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered Commitment issued in connection with respect to the loan evidenced by the Note, the Loan Documents or any affidavit, instrument or other document executed or delivered in connection with the Indebtedness, including, but not limited to the Application, is determined by Lender to Loan Documents shall be false or misleading in any material respect as of the date hereof or when made;shall become so at any time prior to the repayment in full of the Indebtedness.

Appears in 1 contract

Samples: Record And (Roberts Realty Investors Inc)

False Representation. Any representation, representation or warranty or statement made by Borroweror on behalf of Borrower or Guarantor in, Guarantor or others under or pursuant to this Agreement, the Supplement(s), the Loan Documents or Documents, any affidavit other agreement between Borrower, Guarantor and Lender, any report, certificate, financial statement or other instrument executed or delivered with respect statement furnished to the Loan Documents or the IndebtednessLender, including, but not limited shall prove to the Application, is determined by Lender to be have been false or misleading in any material respect as of the date hereof on which such representation or when warranty was made;.

Appears in 1 contract

Samples: Master Construction Loan Agreement (Sonic Automotive Inc)

False Representation. Any If any representation, warranty warranty, or statement made by Borrower, Guarantor Grantor or others under in, under, or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered in connection with respect to the Loan Documents or the Indebtedness, including, but not limited to the Application, is determined by Lender to shall be false or misleading in any material respect as of the date hereof or when made;.

Appears in 1 contract

Samples: Fiber Exchange Agreement (General Communication Inc)

False Representation. Any If any representation, warranty or statement made by Borrower, Guarantor Borrower or others in, under or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered with respect to Commitment (as that term is defined in the Loan Agreement), the Loan Documents or any affidavit, instrument or other document executed or delivered in connection with the Indebtedness, including, but not limited to the Application, is determined by Lender to Loan Documents shall be false or misleading in any material respect as of the date hereof or when made;shall become so at any time prior to the repayment in full of the Indebtedness.

Appears in 1 contract

Samples: Record And (Roberts Realty Investors Inc)

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False Representation. Any representation, warranty warranty, or statement made by Borrower, Guarantor or others under or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered with respect to the Loan Documents or the Indebtedness, including, but not limited to the Application, Indebtedness is determined by Lender to be false or misleading in any material respect as of the date hereof or when made;.

Appears in 1 contract

Samples: Loan Agreement (Coolbrands International Inc)

False Representation. Any representation, If any representation or warranty or statement made by Borrower, Guarantor or others Borrower under or pursuant to the Loan Documents or any affidavit or other instrument executed or documents delivered with respect to the Loan Documents or the IndebtednessLender in connection therewith shall be false, including, but not limited to the Application, is determined by Lender to be false erroneous or misleading in any material respect as of the date hereof or when made;.

Appears in 1 contract

Samples: Loan Agreement (Lancer Corp /Tx/)

False Representation. Any representation, representation or warranty or statement made by Borroweror on behalf of Borrower or Guarantor in, Guarantor or others under or pursuant to this Agreement, the Loan Documents or Documents, any affidavit other agreement between Borrower, Guarantor and Lender, any report, certificate, financial statement or other instrument executed or delivered with respect statement furnished to the Loan Documents or the IndebtednessLender, including, but not limited shall prove to the Application, is determined by Lender to be have been false or misleading in any material respect as of the date hereof on which such representation or when warranty was made;.

Appears in 1 contract

Samples: Permanent Loan Agreement (Sonic Automotive Inc)

False Representation. Any representation, warranty warranty, or statement -------------------- made by Borrower, Guarantor Grantor, Guarantor, or others under or pursuant to the Loan Documents or any affidavit or other instrument executed or delivered with respect to the Loan Documents or the Indebtedness, including, but not limited to the Application, Indebtedness is determined by Lender Beneficiary to be false or misleading in any material respect as of the date hereof or when made;.

Appears in 1 contract

Samples: Cellstar Corp

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