Common use of Misrepresentations Clause in Contracts

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 8 contracts

Samples: Loan and Security Agreement (Metacrine, Inc.), Loan and Security Agreement (Surface Oncology, Inc.), Loan and Security Agreement (Aptinyx Inc.)

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Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 5 contracts

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

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes has made any representation, warranty, or other statement now in any Loan Document, any Bank Services Agreement or later in any writing delivered to Bank, in order to induce Bank to enter this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan DocumentBank Services Agreement, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 4 contracts

Samples: Loan and Security Agreement (KORU Medical Systems, Inc.), Loan and Security Agreement (HashiCorp, Inc.), Loan and Security Agreement (HashiCorp, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee Agent or any Lender other Secured Party or to induce Administrative Agent, Collateral Trustee or any Lender Secured Party to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 3 contracts

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

Misrepresentations. Any Loan Party or any of its Subsidiaries or any Person acting for such any Loan Party or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders or to induce Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made.;

Appears in 3 contracts

Samples: Loan and Security Agreement (Rapid Micro Biosystems, Inc.), Loan and Security Agreement (Rapid Micro Biosystems, Inc.), Loan and Security Agreement (SI-BONE, Inc.)

Misrepresentations. Any Loan Party or any of its Subsidiaries or any Person acting for such any Loan Party or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders or to induce Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made.;

Appears in 2 contracts

Samples: Loan and Security Agreement (LumiraDx LTD), Loan and Security Agreement (LumiraDx LTD)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party Responsible Officer makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any the Lender or to induce Administrative Agent, Collateral Trustee or any the Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 2 contracts

Samples: Loan Agreement (Aspen Aerogels Inc), Loan Agreement (Aspen Aerogels Inc)

Misrepresentations. Any Loan Party or any Person acting for such a Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any other Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Secured Party or to induce Administrative Agent, Collateral Trustee or any Lender Secured Party to enter this Agreement or Agreement, any Loan Document, any consent, waiver or amendment, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 2 contracts

Samples: Loan and Guaranty Agreement (Safeguard Scientifics Inc), Loan and Guaranty Agreement (Safeguard Scientifics Inc)

Misrepresentations. Any The Loan Party Parties or any of their Subsidiaries or any Person acting for such the Loan Party Parties or any of their Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent and/or Lenders or to induce Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 2 contracts

Samples: Loan and Security Agreement (Immunocore LTD), Loan and Security Agreement (Immunocore LTD)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee Agent or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Porch Group, Inc.), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee Agent or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Colonnade Acquisition Corp.), Loan and Security Agreement (Brilliant Earth Group, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee Agent or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Credit and Guaranty Agreement (FiscalNote Holdings, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document to which it is a party or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan DocumentDocument to which it is a party, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 1 contract

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

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Collateral Agent or Lender or to induce Administrative Agent, Collateral Trustee or any Collateral Agent or Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (VBI Vaccines Inc/Bc)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.. 8.9

Appears in 1 contract

Samples: Loan and Security Agreement (Pulmonx Corp)

Misrepresentations. Any Loan Party or any Person acting for such any Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Falconstor Software Inc)

Misrepresentations. Any Loan Party or any Person acting for such any Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any the Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 1 contract

Samples: Loan and Security Agreement (Learn SPAC HoldCo, Inc.)

Misrepresentations. Any Loan Party or any of its Subsidiaries or any Person acting for such any Loan Party or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders or to induce Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made.;

Appears in 1 contract

Samples: Loan and Security Agreement (Apollo Endosurgery, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document to which it is a party or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan DocumentDocument to which it is a party, and such representation, warranty, or other statement is incorrect incorrect, when taken as a whole, in any material respect when made.. 205707600 v10

Appears in 1 contract

Samples: Loan and Security Agreement (Evelo Biosciences, Inc.)

Misrepresentations. Any Loan Party or any of its Subsidiaries or any Person acting for such any Loan Party or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent and/or Lenders or to induce Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 1 contract

Samples: Loan and Security Agreement (Verona Pharma PLC)

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Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document to which it is a party or in any writing delivered to Administrative Agent, any Collateral Trustee Agent or any Lender or to induce Administrative Agent, any Collateral Trustee Agent or any Lender to enter this Agreement or any Loan DocumentDocument to which it is a party, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Mind Medicine (MindMed) Inc.)

Misrepresentations. Any A Loan Party or any Person acting for such a Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any other Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any the Lender or to induce Administrative Agent, Collateral Trustee or any the Lender to enter this Agreement or any other Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 1 contract

Samples: Loan and Security Agreement (Osprey Technology Acquisition Corp.)

Misrepresentations. Any Loan Party or any of its Subsidiaries or any Person acting for such Loan Party or any of its Subsidiaries makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent and/or Lenders or to induce Administrative Agent, Collateral Trustee or any Lender Agent and/or the Lenders to enter this Agreement or any Loan Document, and such representation, warranty, or other statement statement, when taken as a whole, is incorrect in any material respect when made.; or

Appears in 1 contract

Samples: Loan and Security Agreement (Harrow Health, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document to which it is a party or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan DocumentDocument to which it is a party, and such representation, warranty, or other statement is incorrect incorrect, when taken as a whole, in any material respect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Evelo Biosciences, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Bank or to induce Administrative Agent, Collateral Trustee or any Lender Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Minerva Surgical Inc)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made, taken as a whole.

Appears in 1 contract

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

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.. 8.9

Appears in 1 contract

Samples: Loan and Security Agreement (Acumen Pharmaceuticals, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect incorrect, when taken as a whole, in any material respect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (Corbus Pharmaceuticals Holdings, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Secured Party or to induce Administrative Agent, Collateral Trustee or any Lender Secured Party to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.

Appears in 1 contract

Samples: Loan and Security Agreement (89bio, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such any Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter into (or in connection with) this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when mademade (or, in the case of any such representation or warranty under this Agreement or any other Loan Document already qualified by materiality, such representation or warranty shall prove to have been incorrect).

Appears in 1 contract

Samples: Loan Agreement (Superior Drilling Products, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, Agreement or any other Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender or to induce Administrative Agent, Collateral Trustee or any Lender to enter this Agreement or in connection with any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when mademade (other than any representation and warranty made in Section 5.1 as a result of information provided to the Loan Parties by the Lender).

Appears in 1 contract

Samples: Loan and Security Agreement (Smart Sand, Inc.)

Misrepresentations. Any Loan Party or any Person acting for such Loan Party makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Administrative Agent, Collateral Trustee or any Lender Agent or to induce Administrative Agent, Collateral Trustee or any Lender Agent to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made.;

Appears in 1 contract

Samples: Loan and Security Agreement (Omnichannel Acquisition Corp.)

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