Common use of Misrepresentation Clause in Contracts

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 7 contracts

Samples: Loan and Security Agreement (Inland American Real Estate Trust, Inc.), Loan and Security Agreement (Argyle Security, Inc.), Loan and Security Agreement (Cti Industries Corp)

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Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 6 contracts

Samples: Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Primoris Services CORP), Loan and Security Agreement (Primoris Services CORP)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respecttime.

Appears in 5 contracts

Samples: Loan Agreement (Metrocorp Inc), Loan and Security Agreement (Arlington Hospitality Inc), Loan and Security Agreement (Arlington Hospitality Inc)

Misrepresentation. Any oral If any warranty or written warranty, representation, certificate representation in connection with or statement of any Obligor contained in this Agreement, the other Loan Documents Agreement or any other agreement with the Bank shall be false in any material respect when made or at any time thereafterDocument, or if any financial data or any other information Financial Statements now or hereafter furnished to the Bank by or on behalf of any Obligor the Borrower, shall prove to be false, inaccurate false or misleading in any material respectrespect as of the date made or deemed made hereunder.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Pawnmart Inc), Revolving Credit Agreement (Pawnmart Inc), Loan Agreement (Pawnmart Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made (or at any time thereafterdeemed made pursuant to Section 3.5), or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp), Loan and Security Agreement (Intricon Corp)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank or otherwise made by or for Borrower shall be knowingly false in any material respect when made or at any time thereaftertime, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor Borrower shall prove to be knowingly false, inaccurate or misleading in any material respect.

Appears in 3 contracts

Samples: Loan and Financing Agreement (Universal Logistics Holdings, Inc.), Loan and Financing Agreement (Universal Logistics Holdings, Inc.), Loan and Financing Agreement (Universal Logistics Holdings, Inc.)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank Lender shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank Lender by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ari Network Services Inc /Wi), Loan and Security Agreement (BG Staffing, Inc.), Loan and Security Agreement (LTN Staffing, LLC)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Loan Agreement, the other Loan Documents or any other agreement with the Bank or otherwise made by or for any Obligor shall be false in any material respect when made or at any time thereaftertime, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 3 contracts

Samples: Business Loan Agreement (LINC Logistics Co), Business Loan Agreement (LINC Logistics Co), Business Loan Agreement (LINC Logistics Co)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor the Borrower in this Agreement, Agreement or the other Loan Documents or any other agreement with the Bank which shall be false in any material respect when made or at any time thereafter, or if any financial data or any other financial information now or hereafter furnished to the Bank by or on behalf of any Obligor the Borrower shall prove to be false, inaccurate or misleading in any material respect.

Appears in 3 contracts

Samples: Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (US BioEnergy CORP), Loan and Security Agreement (CHS Inc)

Misrepresentation. Any oral or written representation, warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respectmade.

Appears in 2 contracts

Samples: Loan and Security Agreement (Huron Consulting Group Inc.), Loan and Security Agreement (Huron Consulting Group Inc.)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank Lender shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank Lender by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amerinac Holding Corp.), Loan and Security Agreement (Amrep Corp)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respectmade.

Appears in 2 contracts

Samples: Loan Agreement (Hutchinson Technology Inc), Loan Agreement (Hutchinson Technology Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank to which such Obligor is a party shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 2 contracts

Samples: Loan and Security Agreement (PLM Equipment Growth Fund V), Loan and Security Agreement (PLM Equipment Growth Fund V)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall Lenders shall, when considered in the aggregate, be false in any material respect respects when made or at any time thereaftermade, or if any financial data or any other information now or hereafter furnished to the Bank Lenders by or on behalf of any Obligor shall prove to when made be false, inaccurate or misleading in any material respect.

Appears in 2 contracts

Samples: Loan and Security Agreement (FC Global Realty Inc), Loan and Security Agreement (FC Global Realty Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respecttime.

Appears in 2 contracts

Samples: Loan and Security Agreement (Global Axcess Corp), Loan Agreement (Eloyalty Corp)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 2 contracts

Samples: Bridge Loan Agreement (Hunt J B Transport Services Inc), Loan and Security Agreement (Smithway Motor Xpress Corp)

Misrepresentation. Any oral or written warranty, representation, certificate certificate, or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respectmade.

Appears in 2 contracts

Samples: Loan and Security Agreement (Banyan Rail Services Inc.), Loan and Security Agreement (Bhit Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor the Borrower in this Agreement, or the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereaftermade, or if any financial data or any other information now or hereafter furnished to the Bank Lender by or on behalf of any Obligor the Borrower pursuant to the Loan Documents shall prove to be false, inaccurate or misleading in any material respect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Amtech Systems Inc), Loan and Security Agreement (Amtech Systems Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect respects when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respecttime.

Appears in 1 contract

Samples: Loan and Security Agreement (Fortune Industries, Inc.)

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Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank Lender shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank Lender by or on behalf of any Obligor Obligorf shall prove to be false, inaccurate or misleading in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Flux Power Holdings, Inc.)

Misrepresentation. Any material oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifeway Foods Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafterthereafter in all material respects, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 1 contract

Samples: Loan Agreement (Neogen Corp)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank Lender shall be false in any material respect when made or at any time thereafterthereafter when deemed made, or if any financial data or any other information now or hereafter furnished to the Bank Lender by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Enova International, Inc.)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respecttime.

Appears in 1 contract

Samples: Loan Agreement (Cti Group Holdings Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement by or on behalf of the Borrower or any Obligor Guarantor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respectmade.

Appears in 1 contract

Samples: Loan Agreement (Fields MRS Original Cookies Inc)

Misrepresentation. Any oral If any warranty or written warranty, representation, certificate representation in connection with or statement of any Obligor contained in this Agreement, the other Loan Documents Agreement or any other agreement with the Bank shall be false in any material respect when made or at any time thereafterDocument, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor the Borrower, shall prove to be false, inaccurate false or misleading in any material respect.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Riviera Tool Co)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respectrespect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Birner Dental Management Services Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor in satisfaction of such Obligor’s obligations under the Loan Documents shall prove to be false, inaccurate or misleading in any material respect.

Appears in 1 contract

Samples: Loan and Security Agreement (Parlux Fragrances Inc)

Misrepresentation. Any oral or written warranty, representation, certificate or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Integrity Media Inc)

Misrepresentation. Any oral or written warranty, representation, certificate certificate, or statement of any Obligor in this Agreement, the other Loan Documents or any other agreement with the Bank shall be false in any material respect when made or at any time thereafter, or if any financial data or any other information now or hereafter furnished to the Bank by or on behalf of any Obligor shall prove to be false, inaccurate or misleading in any material respectdeemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (FreightCar America, Inc.)

Misrepresentation. Any oral If any warranty or written warranty, representation, certificate representation in connection with or statement of any Obligor contained in this Agreement, the other Loan Documents Agreement or any other agreement with the Bank shall be false in any material respect when made or at any time thereafterDocument, or if any financial data or any other information Financial Statements now or hereafter furnished to the Bank by or on behalf of any Obligor Borrower, shall prove to be false, inaccurate false or misleading in any material respectrespect as of the date made or deemed made hereunder.

Appears in 1 contract

Samples: Credit Agreement (Xponential Inc)

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