Common use of Full Disclosure Clause in Contracts

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 83 contracts

Samples: Loan and Security Agreement (Saba Software Inc), Loan and Security Agreement (Omniture, Inc.), Loan and Security Agreement (Deltagen Inc)

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Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 31 contracts

Samples: Loan and Security Agreement (NMS Communications Corp), Credit Reimbursement Agreement (Finisar Corp), Loan and Security Agreement (Aprimo, INC)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results).

Appears in 14 contracts

Samples: Loan and Security Agreement (Harmonic Inc), Loan Agreement (Cypress Semiconductor Corp /De/), Loan and Security Agreement (Legato Systems Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements furnished to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It misleading it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results.

Appears in 11 contracts

Samples: Loan and Security Agreement (Upek Inc), Loan and Security Agreement (Somaxon Pharmaceuticals, Inc.), Loan and Security Agreement (Santarus Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 7 contracts

Samples: Loan and Security Agreement (Broadvision Inc), Loan and Security Agreement (Commerce One Inc / De/), Loan and Security Agreement (Intraware Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results).

Appears in 6 contracts

Samples: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme), Loan and Security Agreement (Firstwave Technologies Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , with it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 5 contracts

Samples: Loan and Security Agreement (Kintera Inc), Loan and Security Agreement (Dpac Technologies Corp), Loan and Security Agreement (Occam Networks Inc/De)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results.

Appears in 4 contracts

Samples: Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Equinix Inc)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by each Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 4 contracts

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

Full Disclosure. No written representation, warranty or other statement of made by any Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements furnished to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It , it being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results.

Appears in 4 contracts

Samples: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Inphonic Inc), Loan and Security Agreement (Convio, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank recognizes that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 4 contracts

Samples: Loan and Security Agreement (Redback Networks Inc), Loan and Security Agreement (Stratex Networks Inc), Loan and Security Agreement (Taser International Inc)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 4 contracts

Samples: Loan and Security Agreement (Immunicon Corp), Loan and Security Agreement (Immunicon Corp), Term Loan and Security Agreement (Allied Motion Technologies Inc)

Full Disclosure. No written representation, warranty or other statement of any Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by any Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 3 contracts

Samples: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Visual Networks Inc)

Full Disclosure. No written representation, warranty or other statement of made by such Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements furnished to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It , it being recognized by Bank that the projections and forecasts provided by such Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results.

Appears in 3 contracts

Samples: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Interpace Biosciences, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being is recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 3 contracts

Samples: Loan and Security Agreement (Kosan Biosciences Inc), Loan and Security Agreement (Crossworlds Software Inc), Loan Modification Agreement (Atroad Inc)

Full Disclosure. No written representation, warranty or other statement of made by such Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements furnished to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not materially misleading. It , it being recognized by Bank that the projections and forecasts provided by such Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results.

Appears in 3 contracts

Samples: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Full Disclosure. No written representation, warranty or other statement of made by any Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements furnished to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 2 contracts

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

Full Disclosure. No written representation, warranty or other written --------------- statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower Debtor in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower Debtor in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 2 contracts

Samples: Security Agreement (Reval Holdings Inc), Security Agreement (GlobalOptions Group, Inc.)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It misleading in light of the circumstances in which they were made (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results).

Appears in 2 contracts

Samples: Credit Agreement (Internet Capital Group Inc), Credit Agreement (Internet Capital Group Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower made by the Borrowers in any certificate or written statement given to Bank (taken together with all such written certificates and written statements furnished to Bank) , when taken as a whole, contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower the Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that the actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 2 contracts

Samples: Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It ; it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lexar Media Inc), Loan and Security Agreement (Lexar Media Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It If being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 2 contracts

Samples: Loan and Security Agreement (Cosine Communications Inc), Loan and Security Agreement (Cosine Communications Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower Borrowers in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not materially misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Endocardial Solutions Inc)

Full Disclosure. No material written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Analogic Technologies Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , if being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Webridge Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results.. EXECUTION COPY

Appears in 1 contract

Samples: Loan and Security Agreement (Equinix Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank agrees that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Witness Systems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or Table of Contents periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Optio Software Inc)

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Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank any Lender (taken together with all such written certificates and written statements to Bank) contains tcontains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank each Lender that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results.)

Appears in 1 contract

Samples: Pledge Agreement (Green Power Energy Holdings Corp)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (by Borrower in connection with the transaction contemplated by this Agreement, taken together with all such written certificates and written statements to Bank) as a whole contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by the Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Synplicity Inc)

Full Disclosure. No written representation, warranty or other statement of either Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower Borrowers in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Ecollege Com)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions at the time made are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It , as of the date thereof (it being recognized by the Bank that the projections and forecasts provided by the Borrower in good faith and based upon on reasonable assumptions are not viewed as facts and that the actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Adnexus Therapeutics, Inc.)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ differ, in some instances materially, from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Plumtree Software Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains Bank)contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Avenue a Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the business plans projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the business plans projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Software Group Inc)

Full Disclosure. No written representation, warranty or other statement --------------- of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Switchboard Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bankstatements) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It ; it being recognized by Bank that the projections and forecasts provided by Borrower to Bank in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Novacept Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank Lenders (taken together with all such written certificates and written statements to BankLenders) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It , it being recognized by Bank Lenders that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Onyx Software Corp/Wa)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (Bank, taken together with all such written certificates and written statements given to Bank) , contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Preview Systems Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.. 6

Appears in 1 contract

Samples: Loan and Security Agreement (Corillian Corp)

Full Disclosure. No written representationrepresentations, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Voxware Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ and could differ substantially from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Infonow Corp /)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ and could differ from the projected and forecasted results.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Energy Industries Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) Bank contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results.

Appears in 1 contract

Samples: Loan Agreement (Moldflow Corp)

Full Disclosure. No written representation, warranty or other statement of made by Borrower in any certificate or written statement given furnished to Bank (Bank, and taken together with all such written certificates and written statements furnished to Bank) , contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained in the such certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not to be viewed as facts and that actual results during the period or periods covered by any such projections and forecasts may differ from the projected and or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (E Piphany Inc)

Full Disclosure. No written representation, warranty or other statement of Borrower in any certificate or written statement given to Bank (taken together with all such written certificates and written statements given to Bank) contains any untrue statement of a material fact or omits to state a material fact necessary to make the statements contained in the certificates or statements not misleading. It misleading (it being recognized by Bank that the projections and forecasts provided by Borrower in good faith and based upon reasonable assumptions are not viewed as facts and that actual results during the period or periods covered by such projections and forecasts may differ from the projected and or forecasted results).

Appears in 1 contract

Samples: Loan and Security Agreement (Open Solutions Inc)

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