Common use of Representations, etc Clause in Contracts

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

Samples: Assignment Agreement (Purple Innovation, Inc.), Credit Agreement (Kona Grill Inc), Intercreditor Agreement (Preferred Apartment Communities Inc)

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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

Samples: Credit Agreement (American Dental Partners Inc), Term Loan Agreement (American Dental Partners Inc), Revolving Credit Agreement (Memc Electronic Materials 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, made or deemed made, or confirmed; or

Appears in 9 contracts

Samples: Credit Agreement (Amber Road, Inc.), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)

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 or in any statement certificate, statement, report or certificate other document delivered or required to be delivered pursuant hereto or thereto shall prove to be untrue in any material respect (without duplication as or, to the extent qualified by materiality, material adverse effect or similar language, untrue in any materiality modifiers, qualifications, or limitations applicable theretorespect) on the date as of which made, made or deemed made, or confirmed; or

Appears in 8 contracts

Samples: Abl Credit Agreement (Target Hospitality Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.), Abl Credit Agreement (WillScot Mobile Mini Holdings Corp.)

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

Samples: Credit Agreement (GTT Communications, Inc.), Priming Facility Credit Agreement (GTT Communications, Inc.), Credit Agreement

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

Samples: Credit Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc), Term Loan Agreement (Cooper Companies 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 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

Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International 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

Samples: Credit Agreement (Labtec Inc /Ma), Credit Agreement (Therma Wave Inc), Credit Agreement (Therma Wave Inc)

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

Samples: Credit 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 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

Samples: Pledge and Security Agreement (American Dental Partners Inc), Pledge and Security Agreement (American Dental Partners Inc), Credit Agreement (American Dental Partners Inc)

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

Samples: Credit Agreement (Gibraltar Industries, Inc.), Credit Agreement (Ico Inc), Credit Agreement (Gibraltar Industries, Inc.)

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

Samples: Credit Agreement (Inacom Corp), Credit Agreement (Inacom Corp), Credit Agreement (Inacom Corp)

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 or in any statement certificate, statement, report or certificate other document 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

Samples: Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Kraton Performance Polymers, Inc.), Loan, Security and Guarantee Agreement (Edgen Group Inc.)

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

Samples: Credit Agreement (Genlyte Group Inc), Term Loan Agreement (Gibraltar Industries, Inc.)

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

Samples: Credit Agreement (Mobilepro Corp), Credit Agreement (Davel Communications 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

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Nautical Miles 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

Samples: Credit Agreement (TopBuild Corp), Credit Agreement (TopBuild Corp)

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

Samples: Credit Agreement (DigitalOcean Holdings, Inc.), Credit Agreement (DigitalOcean Holdings, 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

Samples: Credit Agreement (Eastern Co), Credit Agreement (Eastern Co)

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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

Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC)

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

Samples: Credit Agreement

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

Samples: Credit Agreement (Mercury Computer Systems 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

Samples: Credit Agreement (Eagle Picher Technologies LLC)

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

Samples: 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 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

Samples: 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

Samples: Credit Agreement (HCC Industries International)

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

Samples: Credit Agreement (Workflow Management Inc)

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 Security Document or in any statement certificate, statement, report or certificate other document 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; or147

Appears in 1 contract

Samples: Loan, Security and Guarantee Agreement (South Texas Supply Company, 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, made or deemed made, or confirmed; or

Appears in 1 contract

Samples: Credit Agreement (Minrad International, 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

Samples: Credit Agreement (InfrastruX Group, Inc.)

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