Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 97 contracts
Samples: Facility Agreement (Eagle Bulk Shipping Inc.), Agreement (Navigator Holdings Ltd.), Facilities Agreement (International Shipping Enterprises, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 52 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (Innospec Inc.), Facility Agreement (Octel Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 23 contracts
Samples: Agreement (Ship Acquisition Inc.), Assignment Agreement (NORDIC AMERICAN TANKERS LTD), Agreement (TriLinc Global Impact Fund LLC)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 17 contracts
Samples: Loan Agreement (Melco Crown Entertainment LTD), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Assignment Agreement (Ocean Rig UDW Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made (or, in the case of a representation or statement that contains a materiality concept, is or proves to have been incorrect or misleading in any respect when made or deemed to be made.), unless the misrepresentation is:
Appears in 13 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 10 contracts
Samples: Facility Agreement (Chartered Semiconductor Manufacturing LTD), Agreement (Polestar Automotive Holding UK PLC), Facility Agreement (MediaRing LTD)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 9 contracts
Samples: Facilities Agreement (Molson Coors Brewing Co), Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Molson Coors Brewing Co)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 9 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Agreement (Navios Maritime Partners L.P.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Misrepresentation. Any representation A representation, warranty or statement made or deemed to be made by an Obligor repeated in the or in connection with any Finance Documents Document or in any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been was incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 7 contracts
Samples: First Supplemental Agreement (KNOT Offshore Partners LP), Facility Agreement (KNOT Offshore Partners LP), Agreement
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 6 contracts
Samples: Restatement Agreement (Las Vegas Sands Corp), Agreement (Las Vegas Sands Corp), Agreement (Las Vegas Sands Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 6 contracts
Samples: And Restatement Agreement (MIE Holdings Corp), Shares Purchase Agreement (MIE Holdings Corp), Agreement (Hafnia LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or Third Party Chargor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading (in the case of any representation or statement which is not subject to a materiality threshold in accordance with its terms, in any material respect respect) when made or deemed to be made.
Appears in 6 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Misrepresentation. 23.4.1 Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 6 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Lesaka Technologies Inc), Restatement Agreement (Net 1 Ueps Technologies Inc)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or Grantor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor or Grantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 6 contracts
Samples: Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated unless the circumstances giving rise to the misrepresentation:
Appears in 5 contracts
Samples: Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it pursuant thereto or in connection with any Finance Document therewith is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/), Agreement (HCC Insurance Holdings Inc/De/)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Company in the Finance Documents or any other document delivered by or on behalf of any Obligor the Company under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Agreement (Nordic Telephone CO ApS), Facility Agreement (Ener1 Inc), Agreement (Nordic Telephone CO ApS)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Agreement (Wisekey International Holding S.A.), Risk Sharing Facility Agreement, Loan Agreement (Xylem Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade by reference to the facts and circumstances then existing.
Appears in 5 contracts
Samples: Loan Agreement (Phoenix New Media LTD), Loan Agreement (Phoenix New Media LTD), Loan Agreement (Phoenix New Media LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor any person other than a Finance Party in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Holdings Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade and which has had or could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Facilities Agreement (Ardmore Shipping Corp), And Restatement Agreement (Ardmore Shipping Corp)
Misrepresentation. (i) Any representation or statement made or deemed to be made by an Obligor in the Finance Note Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Note Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Note Purchase Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 4 contracts
Samples: Harmony Gold Mining Co LTD, Harmony Gold Mining Co LTD, Harmony Gold Mining Co LTD
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Obligors in the Finance Documents or any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.), Facility Agreement (Nordic American Offshore Ltd.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or a Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 4 contracts
Samples: Supplemental Agreement (Enodis PLC), Agreement (Schlumberger LTD /Ny/), Agreement (Schlumberger LTD /Ny/)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated, unless the circumstances giving rise to the misrepresentation:
Appears in 4 contracts
Samples: Agreement (Tele2 Ab), Agreement (Tele2 Ab), Agreement (Converium Holding Ag)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the any Finance Documents Document to which it is party or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Term Loan Facility Agreement (Plandai Biotechnology, Inc.), Term Loan Facility Agreement (Plandai Biotechnology, Inc.), Revolving Loan Facility Agreement (Plandai Biotechnology, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Company in the Finance Documents or any other document delivered by or on behalf of any Obligor the Company under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facilities Agreement (NLS Pharmaceutics Ltd.), Facilities Agreement (NLS Pharmaceutics Ltd.), Credit Facility Agreement (Axis Capital Holdings LTD)
Misrepresentation. 23.4.1 Any representation representation, warranty or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any either Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 3 contracts
Samples: Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc)
Misrepresentation. Any representation or statement made or deemed to be have been made by an Obligor in the any Finance Documents Document or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it, pursuant to it or in connection with any Finance Document therewith is or proves to have been incorrect or misleading in any material respect when made or deemed to be have been made.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Corporate Express N.V.), Conformed Copy (Buhrmann Nv), Senior Facilities Agreement (Moore Labels Inc)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Misrepresentation. (a) Any representation representation, warranty or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facilities Agreement (Enstar Group LTD), Facility Agreement (Enstar Group LTD), Enstar Group LTD
Misrepresentation. Any (a) Subject to paragraph (b) below, any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under the Obligors or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Agreement (Flex LNG Ltd.), Agreement (Flex LNG Ltd.), Facility Agreement (KNOT Offshore Partners LP)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.), Assignment Agreement (American Realty Capital Global Trust, Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor Group Member under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facility Agreement (Zhongpin Inc.), Facility Agreement (Harbin Electric, Inc), Facility Agreement (China TransInfo Technology Corp.)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document (including, without limitation, under Clause 4 (Conditions Precedent)) is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated, unless the circumstances giving rise to the misrepresentation:
Appears in 3 contracts
Samples: Facilities Agreement (Royal Ahold), Agreement (Royal Ahold), Agreement (Royal Ahold)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered after the date of this Agreement by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated unless the circumstances giving rise to the misrepresentation:
Appears in 3 contracts
Samples: Restatement Agreement (Mittal Steel Co N.V.), Restatement Agreement (Mittal Steel Co N.V.), Bridge Facility Agreement (Mittal Steel Co N.V.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or Grantor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor or Grantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: And Restatement Agreement (Melco Crown Entertainment LTD), Facilities Agreement (Melco PBL Entertainment (Macau) LTD), Restatement Agreement (Melco Crown Entertainment LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or member of the Borrower Group in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facilities Agreement (Atlatsa Resources Corp), Facilities Agreement (Anooraq Resources Corp), Senior Facilities Agreement (Atlatsa Resources Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or member of the Pelawan Group in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Funding Common Terms Agreement (Anooraq Resources Corp), Funding Common Terms Agreement (Atlatsa Resources Corp)
Misrepresentation. (a) Any representation or written statement made or deemed to be have been made by an Obligor in the any Senior Finance Documents Document or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it pursuant to it or in connection with any Finance Document therewith is or proves to have been incorrect or misleading in any material respect when made or deemed to be have been made.
Appears in 2 contracts
Samples: Facility Agreement (Avis Budget Group, Inc.), Facility Agreement (Avis Budget Group, Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves proved to have been incorrect or misleading in any material respect when made or deemed to be mademade in any material respect.
Appears in 2 contracts
Samples: Facilities Agreement (Harmony Gold Mining Co LTD), Facilities Agreement (Harmony Gold Mining Co LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Credit Facilities Agreement, Credit Facilities Agreement (KNOT Offshore Partners LP)
Misrepresentation. (a) Any representation or written statement made or deemed to be made by an any Obligor in any of the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any of the Finance Document Documents (other than under or in connection with a Sanctions Event), is or proves to have been be incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Grindrod Shipping Holdings Ltd.), Agreement (Grindrod Shipping Holdings Ltd.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or the Shareholder Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor or the Shareholder Guarantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Coca-Cola HBC AG), Facility Agreement (Coca-Cola HBC AG)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or any other Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor or any other Security Provider under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facilities Agreement (Lesaka Technologies Inc), GBF Agreement (Net 1 Ueps Technologies Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or the Parent Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or confirmed.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect (or, where any representation or statement is already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Facility Agreement (Giant Interactive Group Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in any or all of the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (China Mengniu Dairy Co LTD)
Misrepresentation. 26.4.1 Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 2 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Rockwood Holdings, Inc.), Agreement (Rockwood Holdings, Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document to which it is a party is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Facility Agreement (Ardmore Shipping Corp)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or the Vendor Loan Note Holder or the VLN Security Trustee in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facilities Agreement (NDS Group PLC), Mezzanine Facility Agreement (NDS Group PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or any other person (other than a Finance Party) in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made unless the circumstances giving rise to that misrepresentation are:
Appears in 2 contracts
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor repeated in or in connection with the Finance Documents or any other document delivered by or on behalf of the Borrower or any Obligor of the Owners under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Ship Finance International LTD), Facility Agreement (Ship Finance International LTD)
Misrepresentation. (A) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Rockley Photonics Holdings LTD), Agreement (Rockley Photonics Holdings LTD)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 2 contracts
Samples: Assignment Agreement (Dorian LPG Ltd.), Assignment Agreement (Dorian LPG Ltd.)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor the Obligors in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated unless the matter giving rise to such misrepresentation:
Appears in 2 contracts
Samples: Facility Agreement (Strategic Hotels & Resorts, Inc), Facility Agreement (Strategic Hotels & Resorts, Inc)
Misrepresentation. Any representation A representation, warranty or statement made or deemed to be made by an Obligor repeated in the or in connection with any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any a Finance Document is or proves to have been was incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 2 contracts
Samples: Credit and Term Loan Facility Agreement (DryShips Inc.), Loan Facility Agreement (DryShips Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Wimm Bill Dann Foods Ojsc), Energizer Holdings Inc
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor any of the Obligors in the Finance Documents or any other document delivered by or on behalf of any Obligor of the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 2 contracts
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made unless the circumstances giving rise to the misrepresentation:
Appears in 2 contracts
Samples: Assignment Agreement (Fx Energy Inc), Agreement (Fx Energy Inc)
Misrepresentation. 24.4.1 Any representation representation, warranty or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is ‘or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in relation to the Finance Documents or any other document or statement delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made., provided that:
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Facility Agreement (Sibanye Gold LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Aon Corp), Agreement (Aon Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or any other person in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any to a material respect extent when made or deemed to be made.
Appears in 2 contracts
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (United Maritime Corp), Facility Agreement (United Maritime Corp)
Misrepresentation. Any representation or statement made or deemed to be made by or on behalf of an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Cheng Zheng), Patent Security Agreement (Affimed Therapeutics B.V.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor Obligor, the Personal Guarantor or any Onshore Depositor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor Obligor, the Personal Guarantor or any Onshore Depositor under or in connection with any such Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Chiu Na Lai), Facility Agreement (Sequoia Capital China I Lp)
Misrepresentation. Any warranty, representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Karooooo Ltd.)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor it under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor any Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Credit Agreement (PowerFleet, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or the Parent in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor any of the Obligors in the Finance Documents or any other document delivered by or on behalf of any Obligor it under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Second Supplemental Agreement (KNOT Offshore Partners LP)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or the Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor or Security Provider under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Subscription Agreement (Radius Global Infrastructure, Inc.)
Misrepresentation. (a) Any representation representation, warranty or statement made or made, deemed to be made by an Obligor in made, or repeated under any of the Finance Documents or in any other document accounts, certificate, notice, instrument, written statement or opinion delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or made, deemed to be mademade or repeated and gives rise to a Material Adverse Effect.
Appears in 1 contract
Samples: Agreement (Teekay LNG Partners L.P.)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material and adverse respect when made or deemed to be made.
Appears in 1 contract
Samples: Sibanye Gold LTD
Misrepresentation. Any a) A representation or statement made or deemed to be made by an Obligor [Feststellung], which is contained in the Finance Documents and which was made, or any other document delivered is deemed to have been made, by the Borrower or on behalf of any Obligor under or in connection with any Finance Document the Guarantor, is or proves to have been be incorrect or misleading in any material respect when made or deemed to be mademisleading.
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made.
Appears in 1 contract
Samples: Common Terms Agreement
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade and has not been remedied within 10 Business Days.
Appears in 1 contract
Samples: Agreement (AVG Technologies N.V.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.. 100
Appears in 1 contract
Samples: Facilities Agreement (Genesco Inc)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or a Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor or Security Provider under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Subscription Agreement (Radius Global Infrastructure, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade by reference to the facts and circumstances then existing.
Appears in 1 contract
Misrepresentation. 24.5 Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.. Cross default
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or any member of the Group in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor or any member of the Group under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made unless the circumstances giving rise to the misrepresentation or breach of warranty:
Appears in 1 contract
Samples: Agreement
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or in the Hedging Agreements or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document or any Hedging Agreement is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or in any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made unless the circumstances giving rise to, and the effects of, such misrepresentation:
Appears in 1 contract
Samples: Agreement (Carrizo Oil & Gas Inc)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading (in the case of any representation or statement which is not subject to a materiality threshold in accordance with its terms, in any material respect respect) when made or deemed to be made.
Appears in 1 contract
Samples: Notes Purchase Agreement (Membership Collective Group Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Shareholder, the Borrower or the Sponsor (under the Sponsor Indemnity) in the Finance Documents or any other document delivered by or on behalf of any Obligor the Shareholder, the Borrower or the Sponsor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any that Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material and adverse respect when made or deemed to be made.made unless the circumstances giving rise to the misrepresentation:
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor or other Group Member under or in connection with any Finance Document is or proves to have been incorrect or misleading when initially made or in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Facility Agreement (Guoren Industrial Developments LTD)
Misrepresentation. (c) Any representation or statement made or deemed to be made by an Obligor or the Parent Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor or the Parent Guarantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract