Common use of Misrepresentations Clause in Contracts

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 3 contracts

Samples: Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Ikanos Communications), Loan and Security Agreement (Digital Impact Inc /De/)

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Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 3 contracts

Samples: Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Esperion Therapeutics Inc/Mi)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (TorreyPines Therapeutics, Inc.), Loan and Security Agreement (SGX Pharmaceuticals, Inc.)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with at the Securities and Exchange Commission) time made now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 2 contracts

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

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement Agreement, any Loan Document, or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement by And (Kanbay International Inc), Loan and Security Agreement by And (Kanbay International Inc)

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 2 contracts

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 2 contracts

Samples: Loan and Security Agreement (Critical Therapeutics Inc), Loan Modification Agreement (Critical Therapeutics Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Exim Agreement or in any writing delivered to Bank or to induce Bank to enter this Exim Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Daleen Technologies Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any and Loan Document.

Appears in 1 contract

Samples: Loan Modification Agreement (Archemix Corp.)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with as of the Securities and Exchange Commission) now or later date made in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Pharsight Corp)

Misrepresentations. If a Borrower or any Person acting for a Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Agent or to Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Perficient Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any Loan Document.; or

Appears in 1 contract

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with as of the Securities date such representation or statement was made or is deemed to be made pursuant to the terms and Exchange Commissionconditions hereof) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Senorx Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in representation. In this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Opus360 Corp)

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Misrepresentations. If any Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Animas Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.;

Appears in 1 contract

Samples: Loan and Security Agreement (Sunrise Technologies International Inc)

Misrepresentations. If Borrower or any Person which the Bank reasonably believes is acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Open Solutions Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing communication delivered to either Bank or to induce either Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan Agreement (Advanced Energy Industries Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

Misrepresentations. If Borrower Borrower, or any Person acting for Borrower Borrower, makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Exelixis Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.;

Appears in 1 contract

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

Misrepresentations. If Borrower or any Person acting for Borrower Borrower, makes any material misrepresentation or material misstatement (when read together with Borrower's filings with misstatement, in light of the Securities and Exchange Commission) circumstances in which it was made, now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

Samples: Loan and Security Agreement (Critical Path Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement (when read together with Borrower's filings with the Securities and Exchange Commission) made now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document.

Appears in 1 contract

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

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