Common use of True and Complete Disclosure Clause in Contracts

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at the time such information was provided.

Appears in 7 contracts

Samples: Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc), Credit Agreement (Flowers Foods Inc)

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True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower Furniture Brands or any of its Subsidiaries in writing to any Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower Furniture Brands or any of its Subsidiaries in writing to any Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 3 contracts

Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)

True and Complete Disclosure. All factual information (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower or Borrower, any of its Subsidiaries or any of the Partners in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in and the Credit Documents) Banks for purposes of or in connection with this Agreement, the any other Credit Documents Document, or any transaction contemplated herein hereby or therein thereby is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or Borrower, any of its Subsidiaries or any of the Partners in writing to any the Administrative Agent or any Lender and the Banks will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any material fact necessary to make such information (taken as a whole) not misleading in any material respect at the time such information was providedtime.

Appears in 3 contracts

Samples: Security Agreement (Holly Energy Partners Lp), Credit Agreement (Holly Energy Partners Lp), Credit Agreement (Holly Energy Partners Lp)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower Furniture Brands or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower Furniture Brands or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 3 contracts

Samples: Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc), Credit Agreement (Furniture Brands International Inc)

True and Complete Disclosure. All factual information (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Parent, the Borrower or any of its their respective Subsidiaries in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries such Person in writing to any the Administrative Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any material fact necessary to make such information (taken as a whole) not misleading in any material respect at the time such information was providedtime.

Appears in 2 contracts

Samples: Credit Agreement (Alpine Group Inc /De/), Credit Agreement (Superior Telecom Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Holdings or the Borrower or any of its Subsidiaries in writing to any Agent of the Agents or any Lender Bank (including, without limitation, all factual information contained in the Credit DocumentsDocuments or in the Offering Circular) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Holdings or the Borrower or any of its Subsidiaries in writing to any Agent of the Agents or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 2 contracts

Samples: Credit Agreement (Fairchild Semiconductor Corp), Credit Agreement (FSC Semiconductor Corp)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of its Subsidiaries Credit Parties in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in the Credit DocumentsDocuments and in the Offering Memorandum but excluding all Projections) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries Credit Party in writing to any the Administrative Agent or any Lender Lender, will be, be true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of Holdings and its Subsidiaries in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in the Credit DocumentsDocuments but excluding all Projections) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of Holdings and its Subsidiaries in writing to any the Administrative Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 2 contracts

Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any the Administrative Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at the such time such information was provided.

Appears in 2 contracts

Samples: Credit Agreement (Baltic Trading LTD), Credit Agreement (Baltic Trading LTD)

True and Complete Disclosure. All factual information (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower Company or any of its Subsidiaries in writing to any the Agent, Co-Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries such Persons in writing to any the Agent, Co-Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any material fact necessary to make such information (taken as a whole) not misleading in any material respect at the time such information was providedtime.

Appears in 2 contracts

Samples: Reducing Revolving Credit Agreement (Di Industries Inc), Secured Revolving Credit Agreement (Di Industries Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower PESCO or any of its Subsidiaries in writing to any Agent the Administrative Agent, the Documentation Agent, the Arranger or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries such Persons in writing to any Agent the Administrative Agent, the Documentation Agent, the Arranger or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 2 contracts

Samples: Credit Agreement (Pool Energy Services Co), Pledge Agreement (Pool Energy Services Co)

True and Complete Disclosure. All factual information (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the General Partner, the Borrower or any of its Subsidiaries Subsidiary in writing to any the Agent or any Lender Bank (including, including without limitation, limitation all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the General Partner, the Borrower or any of its Subsidiaries Subsidiary in writing to any the Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Staff Leasing Inc)

True and Complete Disclosure. All factual information (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower Holdings or any of its Subsidiaries in writing to any Agent or the Agent, any Lender or the Bankruptcy Court (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents Agreement or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries such Persons in writing to any Agent or the Agent, any Lender or the Bankruptcy Court will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any material fact necessary to make such information (taken as a whole) not misleading at such time in any material respect at light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: American Pad & Paper Co

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Waters Corp /De/)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any the Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any the Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading mislead- ing in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Autotote Corp)

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True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower Holdings or any of its Subsidiaries in writing to any the Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents, but excluding the Projections as to which Section 7.05(d) applies) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries such Persons in writing to any the Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Atrium Companies Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in the Credit Loan Documents) for purposes of or in connection with this Agreement, the other Credit Loan Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any the Administrative Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified certified, not contain any untrue statement of a material fact and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Pacific Drilling S.A.

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Parent, Holdings or the Borrower or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents, but excluding the Projections) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Parent, Holdings or the Borrower or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Capstar Radio Broadcasting Partners Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of Holdings, Parent or the Borrower or any of its Subsidiaries in writing to any Agent of the Agents or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of Holdings, Parent or the Borrower or any of its Subsidiaries in writing to any Agent of the Agents or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Security Agreement (Howmet Corp /New/)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower Parent or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Confidential Information Memorandum and the Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower Parent or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Harrahs Entertainment Inc)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the any Borrower or any of its respective Subsidiaries in writing to any Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the any Borrower or any of its respective Subsidiaries in writing to any Agent or any Lender Bank, will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Pledge Agreement (Sky Chefs Argentine Inc)

True and Complete Disclosure. All factual information (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower or Borrower, any of its Subsidiaries or any of the Partners in writing to any the Administrative Agent or any Lender (including, without limitation, all factual information contained in and the Credit Documents) Lenders for purposes of or in connection with this Agreement, the any other Credit Documents Document, or any transaction contemplated herein hereby or therein thereby is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or Borrower, any of its Subsidiaries or any of the Partners in writing to any the Administrative Agent or any Lender and the Lenders will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any material fact necessary to make such information (taken as a whole) not misleading in any material respect at the time such information was providedtime.

Appears in 1 contract

Samples: Security Agreement (Holly Energy Partners Lp)

True and Complete Disclosure. All factual information (taken as a ---------------------------- whole) furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any Agent or any Lender (including, without limitation, all factual information contained in the Credit Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a whole) hereafter furnished by or on behalf of the Borrower or any of its Subsidiaries in writing to any Agent or any Lender will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Waters Corp /De/)

True and Complete Disclosure. All factual information (taken as a whole) furnished by or on behalf of the Borrower Parent or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank (including, without limitation, all factual information contained in the Credit Confidential Information Memorandum and the Documents) for purposes of or in connection with this Agreement, the other Credit Documents or any transaction contemplated herein or therein is, and all other such factual information (taken as a 37 whole) hereafter furnished by or on behalf of the Borrower Parent or any of its Subsidiaries in writing to any the Administrative Agent or any Lender Bank will be, true and accurate in all material respects on the date as of which such information is dated or certified and not incomplete by omitting to state any fact necessary to make such information (taken as a whole) not misleading in any material respect at such time in light of the time circumstances under which such information was provided.

Appears in 1 contract

Samples: Credit Agreement (Harrahs Entertainment Inc)

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