Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmed; or
Appears in 18 contracts
Sources: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 15 contracts
Sources: Term Loan Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Representations, etc. any Any representation, warranty or statement made by the any Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be have been, when made, untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmedrespect; or
Appears in 10 contracts
Sources: Syndicated Facility Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 9 contracts
Sources: Credit Agreement (Circor International Inc), Credit Agreement (Amber Road, Inc.), Credit Agreement (Circor International Inc)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmed; or
Appears in 7 contracts
Sources: Priming Facility Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.), Priming Facility Credit Agreement (GTT Communications, Inc.)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement statement, agreement, instrument or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 5 contracts
Sources: Term Loan Agreement (Cooper Companies Inc), Term Loan Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc)
Representations, etc. any Any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 4 contracts
Sources: Credit Agreement (McMS Inc), Credit Agreement (Therma Wave Inc), Credit Agreement (Therma Wave Inc)
Representations, etc. any Any representation, warranty or statement made by the any Borrower or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be have been, when made, untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmedrespect; or
Appears in 4 contracts
Sources: Global Revolving Credit Agreement (Sealed Air Corp/De), Credit Agreement (Artesyn Technologies Inc), Global Revolving Credit Agreement (Sealed Air Corp/De)
Representations, etc. any representation, warranty or statement made by the Borrower Parent, the Company or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 4 contracts
Sources: Term Loan Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Abercrombie & Fitch Co /De/)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to or, in any materiality modifiersrespect, qualifications, or limitations applicable theretoif qualified by materiality) on the date as of which made, made or deemed made, or confirmed; or;
Appears in 4 contracts
Sources: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as except to the extent such representations and warranties are qualified by materiality, in which case any materiality modifiers, qualifications, such representation or limitations applicable theretowarranty proves to be untrue in any respect) on the date as of which made, made or deemed made, or confirmed; or
Appears in 3 contracts
Sources: Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)
Representations, etc. any Any representation, warranty or material statement made or deemed made by the any Borrower or any other Credit Party herein or in any other Loan Credit Document or in any certificate or material statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, the time made or deemed made, or confirmed; or
Appears in 3 contracts
Sources: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)
Representations, etc. any Any representation, warranty or statement made or deemed made by the Borrower or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which madesuch representation, warranty or statement is made or deemed made, or confirmed; or
Appears in 3 contracts
Sources: Credit Agreement (Inacom Corp), Credit Agreement (Inacom Corp), Credit Agreement (Inacom Corp)
Representations, etc. any representation, warranty or statement made by the Borrower Borrowers or any other Credit Loan Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 3 contracts
Sources: Credit Agreement (Gibraltar Industries, Inc.), Credit Agreement (Ico Inc), Amendment and Restatement Agreement (Gibraltar Industries, Inc.)
Representations, etc. any representation, warranty or statement made by the Borrower Borrowers or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or furnished or deemed made, made or confirmedfurnished; or
Appears in 2 contracts
Sources: Credit Agreement (Peabody Energy Corp), Credit Agreement (Nautical Miles Inc.)
Representations, etc. any representation, warranty or statement made by the Borrower Borrower, Holdings or any other Credit Party herein or in any other Loan Document or in any statement statement, agreement, instrument or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 2 contracts
Sources: Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC)
Representations, etc. any representation, warranty or statement certification made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed when made, or confirmeddeemed made; or
Appears in 2 contracts
Sources: Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (DigitalOcean Holdings, Inc.)
Representations, etc. any representation, representation or warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmed; or
Appears in 2 contracts
Sources: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)
Representations, etc. any Any representation, warranty or statement made by the any Borrower or any other Davel Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 2 contracts
Sources: Credit Agreement (Mobilepro Corp), Credit Agreement (Davel Communications Inc)
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmed; or;
Appears in 2 contracts
Sources: Credit Agreement (Eastern Co), Credit Agreement (Eastern Co)
Representations, etc. any representation, warranty or statement made by the Borrower Borrowers or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 2 contracts
Sources: Credit Agreement (Genlyte Group Inc), Term Loan Agreement (Gibraltar Industries, Inc.)
Representations, etc. any Any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Credit Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect respect, or any other factual information (without duplication taken as a whole) furnished on behalf of the Borrower or any of its Subsidiaries in writing to any materiality modifiers, qualifications, or limitations applicable thereto) Lender shall prove to be untrue in any material respect on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any representation, warranty or statement made by Holdings or the Borrower herein or by any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Sources: Credit Agreement (American Medical Systems Holdings Inc)
Representations, etc. any representation, warranty or statement made by the any Borrower or any other Credit Party herein or in any other Loan Document or in any statement statement, agreement, instrument or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any Any representation, warranty or statement made (or deemed made) by the Borrower or any other Credit Loan Party herein or in any other Loan Document certificate or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto (including, without limitation, pursuant to any Commitment Reinstatement Request) shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, ; or confirmed; orSECTION
Appears in 1 contract
Sources: Unsecured Revolving Credit Agreement (Validus Holdings LTD)
Representations, etc. any Any representation, warranty or statement made or deemed made by the Borrower or any other Credit Party herein or in the other Credit Documents or any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which mademade or deemed made (it being understood that, deemed madefor purposes of the foregoing, or confirmedthe truth of the representations and warranties set forth in Section 7.6 shall be determined without reference to the knowledge of the Borrower); or
Appears in 1 contract
Sources: Credit Agreement
Representations, etc. any representation, representation or warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmed; or;
Appears in 1 contract
Sources: Credit Agreement (Eastern Co)
Representations, etc. any Any material representation, warranty or --------------------- statement made by or on behalf of the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Sources: Loan Agreement (HCS Ii Inc)
Representations, etc. any Any representation, warranty or statement -------------------- made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any Any representation, warranty or statement made or deemed made by the Borrower or any other Credit Party herein or in any other Loan Credit Document or in any written statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any representation, warranty or written statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any Any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Sources: Credit Agreement (Peebles Inc)
Representations, etc. any Any representation, warranty or statement made by the Borrower or any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract
Representations, etc. any Any representation, warranty or statement made or deemed made by the Borrower or the Account Party herein or by any Credit Party in any other Credit Party herein or in any other Loan Document or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as to any materiality modifiers, qualifications, or limitations applicable thereto) on the date as of which made, made or deemed made, or confirmed; or
Appears in 1 contract