Common use of Misstatements of Fact Clause in Contracts

Misstatements of Fact. No statement made in the Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no fact presently known to the Borrower which has not been disclosed which materially and adversely affects, nor as far as the Borrower can foresee, is likely to adversely affect the business, operations or condition (financial or otherwise) of Borrower. Further, and in clarification of the foregoing, all reports, certificates, affidavits, statements and other data furnished by Borrower to Lender, or its respective agents, in connection with the Loan are true and correct in all material respects and do not include or omit any fact or circumstance, which inclusion or omission, respectively, would make the statements therein misleading.

Misstatements of Fact. No statement made in application for the Loan or the Loan Documents contains any untrue statement of a material fact or omits to state any material fact necessary to make statements contained herein or therein not misleading. There is no fact presently known to the Borrower which has not been disclosed which materially and adversely affects, nor as far as the Borrower can foresee, is likely to might adversely affect the business, operations or condition (financial or otherwise) of Borrowerthe representing party. Further, and in clarification of the foregoing, all reports, certificates, affidavits, statements and other data furnished by or on behalf of Borrower to Lender, or its their respective agents, in connection with the Loan are true and correct in all material respects and do not include or omit to state any fact or circumstance, circumstance which inclusion or omission, respectively, would make the statements therein misleading.