Common use of No Material Misstatements Clause in Contracts

No Material Misstatements. (a) All written information (other than the Projections, estimates, information of a general economic nature) (the “Information”) concerning the Borrower and its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, and did not contain any untrue statement of a material fact as of any such date or omit to state any material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 3 contracts

Samples: Credit Agreement (Rose Rock Midstream, L.P.), Credit Agreement, Credit Agreement (SemGroup Corp)

AutoNDA by SimpleDocs

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and Company, its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 3 contracts

Samples: Lease Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc), Lease Agreement (Chart Industries Inc)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the "Information") concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, respects as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its Borrowers, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Credit Agreement (Rexnord Corp), Credit Agreement (RBS Global Inc)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (the “Information”) concerning Holdings, the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise and prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, as of any such date contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Credit Agreement (Aeroways, LLC), Credit Agreement (Cke Restaurants Inc)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Offering Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Restatement Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Communications, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (concerning Holdings, the “Information”) concerning Borrower, the Borrower and its Subsidiaries, the Exchange Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Exchange Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Credit Agreement (Claires Stores Inc), Credit Agreement (Claires Stores Inc)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (the “Information”) concerning Holdings, the Borrower and its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date and did not, taken as a whole, as of such date or the Closing Date, and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Amaya Inc.), First Lien Credit Agreement (Amaya Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its Borrowers, their Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 2 contracts

Samples: Credit Agreement (Dresser-Rand Group Inc.), Credit Agreement (Dresser-Rand Group Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, respects as of the date such Information was furnished to the Lenders and as of the Closing Date, Amendment Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Nuance Communications, Inc.)

No Material Misstatements. (a) All written information (other than the ProjectionsDIP Budget, estimates, estimates and information of a general economic nature or general industry nature) (the "Information") concerning the Borrower and its Subsidiarieseach Borrower, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise and prepared by or on behalf of the Administrative any Borrower or its representatives and made available to any Lender or Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to Lenders and, if delivered prior to the Lenders and Closing Date, as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Petition Credit Agreement (Noranda Aluminum Holding CORP)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its Borrower, the other Subsidiaries, the New Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives (excluding any reserve reports) and made available to any Lenders or the Administrative Agent in connection with the New Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Amendment Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Foundation Coal Holdings, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its SubsidiariesHoldco, the Borrower, the Subsidiaries and the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the any other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and does not and did not as of any such date contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its U.S. Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Amendment and Restatement Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)

No Material Misstatements. (a) All written information (other than the Projectionsfinancial projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its SubsidiariesBorrower, the Transactions Restricted Subsidiaries and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions execution and delivery of the Loan Documents or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Affinion Group Holdings, Inc.)

No Material Misstatements. (ae) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, respects as of the date such Information was furnished to the Lenders and as of the Closing Date, 2013 Amendment Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Nuance Communications, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Parent, the Borrower and its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives (excluding any reserve reports) and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, date hereof and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Alpha Natural Resources, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its U.S. Borrower, their Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Nalco Holding CO)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (the “Information”) concerning the Borrower and its Borrowers, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Disbursement Agreement (CAESARS ENTERTAINMENT Corp)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its Borrower, the Restricted Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives (excluding any reserve reports) and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Term Loan Credit Agreement

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower Company and its Subsidiaries, the Transactions Transaction and any other transactions contemplated hereby included in disseminated by the Information Memorandum or otherwise prepared by or on behalf of Company and its Subsidiaries to the Administrative Agent or the Lenders in connection with the Transactions Transaction or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, and did not contain any untrue statement of a material fact as of any such date or omit to state any material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (CHC Group Ltd.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (the “Information”) concerning Holdings, the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Possession Credit Agreement (Verso Paper Holdings LLC)

AutoNDA by SimpleDocs

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the "Information") concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, respects as of the date such Information was furnished to the Lenders and as of the Closing Date, Amendment Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Nuance Communications, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower Holdings and its Subsidiaries, the Transactions Transaction and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared disseminated by or on behalf of Holdings and its Subsidiaries to the Administrative Agent or the Lenders in connection with the Transactions Transaction or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, and did not contain any untrue statement of a material fact as of any such date or omit to state any material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (TPC Group LLC)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and Borrower, its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Chart Industries Inc)

No Material Misstatements. (a) All written information (other than the Projectionsprojections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and it, its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the Administrative Agent foregoing or their representatives and made available to any Finance Party in connection with the Transactions execution, delivery and performance of the Finance Documents by the Borrower and the Guarantors or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Coface Covered Export Credit Agreement (Hughes Network Systems, LLC)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a Table of Contents material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Affinion Loyalty Group, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the "Information") concerning Holdings, the Borrower and its U.S. Borrower, their Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Nalco Energy Services Equatorial Guinea LLC)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the "Information") concerning Holdings, the Borrower and its Borrowers, their Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Dresser-Rand Group Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (concerning Holdings, the “Information”) concerning Borrower, the Borrower and its Subsidiaries, the Exchange Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Exchange Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.. Table of Contents

Appears in 1 contract

Samples: Credit Agreement (Claires Stores Inc)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.. US-DOCS\101954982.7000000000.8

Appears in 1 contract

Samples: Credit Agreement (Affinion Group Holdings, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (concerning Holdings, the “Information”) concerning Borrower, the Borrower and its Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum Lender Presentation or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information information was furnished to the Lenders and as of the Closing Date, Effective Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Fathom Digital Manufacturing Corp)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, respects as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Control Agreement (Secure Computing Corp)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature or general industry nature) (the “Information”) concerning the Borrower and its Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not not, taken as a whole, contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Packerware Corp)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning Holdings, the Borrower and its U.S. Borrower, the Subsidiaries, the Transactions and any other transactions contemplated hereby included in the Information Memorandum or otherwise prepared by or on behalf of the foregoing or their representatives and made available to any Lenders or the Administrative Agent in connection with the Transactions or the other transactions contemplated hereby, when taken as a whole, was were true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Date, Date and did not contain any untrue statement of a material fact as of any such date or omit to state any a material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (Hexion Specialty Chemicals, Inc.)

No Material Misstatements. (a) All written information (other than the Projections, estimates, estimates and information of a general economic nature) (the “Information”) concerning the Borrower Company and its Subsidiaries, the Transactions Transaction and any other transactions contemplated hereby included in disseminated by the Information Memorandum or otherwise prepared by or on behalf of Company and its Subsidiaries to the Administrative Agent or the Lenders in connection with the Transactions Transaction or the other transactions contemplated hereby, when taken as a whole, was true and correct in all material respects, as of the date such Information was furnished to the Lenders and as of the Closing Signing Date, and did not contain any untrue statement of a material fact as of any such date or omit to state any material fact necessary in order to make the statements contained therein, taken as a whole, therein not materially misleading in light of the circumstances under which such statements were made.

Appears in 1 contract

Samples: Credit Agreement (CHC Group Ltd.)

Time is Money Join Law Insider Premium to draft better contracts faster.