Common use of Statements Made Clause in Contracts

Statements Made. The information that has been delivered in writing by the Borrower or any of the Guarantors to the Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor to be reasonable at the time such projections were furnished.

Appears in 12 contracts

Samples: Credit and Guaranty Agreement (Us Office Products Co), Revolving Credit and Guaranty Agreement (Flagstar Companies Inc), Guaranty and Security Agreement (Acterna Corp)

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Statements Made. The information that has been delivered in writing by the Borrower or any of the Guarantors Borrowers to the Administrative Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor Borrowers to be reasonable at the time such projections were furnished.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Federal Mogul Corp), Loan and Guaranty Agreement (Federal Mogul Corp), Revolving Credit and Guaranty Agreement (Federal Mogul Corp)

Statements Made. The information that has statements, written or oral, which have been delivered in writing made by the Borrower or any of the Guarantors to the Administrative Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains contain no untrue statement of a material fact and does do not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes written statements constitute projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor to be reasonable valid and accurate at the time such projections were furnishedfurnished to the Lenders.

Appears in 3 contracts

Samples: Revolving Credit and Guaranty Agreement (Bradlees Inc), Credit and Guaranty Agreement (Caldor Corp), Credit and Guaranty Agreement (Bradlees Inc)

Statements Made. The information that has been delivered --------------- in writing by the Borrower or any of the Borrowers or the Guarantors to the Administrative Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the such Borrower or such Guarantor the Guarantors to be reasonable at the time such projections were furnished.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Bethlehem Steel Corp /De/), Credit and Guaranty Agreement (Bethlehem Steel Corp /De/)

Statements Made. The information that has been delivered in --------------- writing by the Borrower or any of the Guarantors to the Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor to be reasonable at the time such projections were furnished.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Galey & Lord Inc), Credit and Guaranty Agreement (Brunos Inc)

Statements Made. The information that has been delivered in writing by the Borrower or any of the Guarantors to the Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains as of the date so delivered, contained no untrue statement of a material fact and does did not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor to be reasonable at the time such projections were furnished.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Multicare Companies Inc), Credit and Guaranty Agreement (Genesis Health Ventures Inc /Pa)

Statements Made. The information that has been delivered in writing by the Borrower or any of the Guarantors to the Agent Agent, the Banks or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor to be reasonable at the time such projections were furnished.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Kmart Corp), Credit and Guaranty Agreement (Kmart Corp)

Statements Made. The information written statements that has have been delivered in writing made by the Borrower or any of the Guarantors Borrowers to the Agent any Agent, any Lender or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains contain no untrue statement of a material fact and does do not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes written statements constitute projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor Borrowers to be reasonable valid and accurate at the time such projections were furnishedfurnished to any of the Agents, Lenders, or the Bankruptcy Court.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sun Healthcare Group Inc)

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Statements Made. The information that has been delivered in --------------- writing by the Borrower or any of the Guarantors Borrowers to the Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the such Borrower or such Guarantor to be reasonable at the time such projections were furnished.

Appears in 1 contract

Samples: Revolving Credit Agreement (Icg Holdings Inc)

Statements Made. The information that has been delivered in writing by the Borrower or any of the Guarantors Borrowers or the Guarantor to the Administrative Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the such Borrower or such the Guarantor to be reasonable at the time such projections were furnished.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Usg Corp)

Statements Made. The information that has been delivered in --------------- writing by the Borrower or any of the Guarantors Borrowers to the Administrative Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor Borrowers to be reasonable at the time such projections were furnished.

Appears in 1 contract

Samples: Loan and Guaranty Agreement (Federal Mogul Corp)

Statements Made. The information that has been delivered in writing by the --------------- Borrower or any of the Guarantors to the Agent or to the Bankruptcy Court in connection with any Loan Document, and any financial statement delivered pursuant hereto or thereto (other than to the extent that any such statements constitute projections), taken as a whole and in light of the circumstances in which made, contains no untrue statement of a material fact and does not omit to state a material fact necessary to make such statements not misleading; and, to the extent that any such information constitutes projections, such projections were prepared in good faith on the basis of assumptions, methods, data, tests and information believed by the Borrower or such Guarantor to be reasonable at the time such projections were furnished.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Armstrong World Industries Inc)

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