Common use of Breach of Representation or Warranty Clause in Contracts

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Administrative Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Company or any Borrower to the Administrative Agent or any Lender herein or by the Company or any Borrower or any of the Company’s Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements information at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made by the Borrower or deemed made by any Qualified Borrower to the Administrative Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or the REIT to Agent or any Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower the Company to the Administrative Agent or any Lender herein or by the Company or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made of the Borrower hereunder or deemed made by of the Borrower to Lender herein in any other Credit Document or in any of the other Loan Documents certificate delivered pursuant hereto or in any statement, certificate thereto is or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading incorrect in any material respect on the date as of which when made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or the REIT to Administrative Agent or any Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender any Obligor herein or in any of the other Loan Documents Document or that is contained in any statementcertificate, certificate document or financial statements or other statement furnished by it at any time given by Borrower pursuant under or in connection with this Agreement or any such other Loan Document shall prove to any of the Loan Documents shall be false or misleading have been inaccurate in any material respect on or as of the date as of which made or deemed made.;

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Administrative Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any written representation or warranty made or deemed made by Borrower or on behalf of the Company or its Subsidiaries to Lender herein the Lenders or the Agents in any Loan Document, in connection with any Loan or Letter of Credit, or in any of the other Loan Documents or in any statement, certificate or financial statements at information delivered in writing in connection with any time given by Borrower pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower Borrowers to Lender Administrative Agent or Lenders herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower Borrowers pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by the Borrower or any Alternate Currency Borrower or any of their Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.; or

Breach of Representation or Warranty. Any representation representation, warranty or warranty made statement by the Borrower (for itself or deemed made by Borrower to Lender herein or any Relevant Subsidiary) in any of the other Loan Finance Documents or in any statementdocument delivered under it is not complied with or is or proves to have been incorrect, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which maderespect, when made or deemed repeated.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower to the Administrative Agent or any Lender herein or by the any Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation representation, warranty or warranty statement made or deemed made by Borrower to Lender herein or on behalf of any Credit Party or by any officer of the foregoing under any Loan Document or in any of the report, certificate, or other Loan Documents document delivered to any Agent or in any statement, certificate or financial statements at any time given by Borrower Lender pursuant to any of the Loan Documents shall Document prove to be false incorrect or misleading in any material respect on the date as of which when made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Administrative Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements information at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by or on behalf of the Borrower or any of its Subsidiaries to Lender herein the Lenders or the Administrative Agent under or in connection with this Agreement, any of the Revolving Loan or any certificate or information delivered in connection with this Agreement or any other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents Document shall be materially false or misleading in any material respect on the date as of which made or deemed made.; or

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender Administrative Agent or Lenders herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to Lender herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender herein or in any of other certificate, instrument or document relating to the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower Facility required to be delivered pursuant to any of Credit Document shall at the Loan Documents shall time made or deemed to have been remade or renewed be false or misleading in any material respect on the date as of which maderespect, or any warranty shall be materially breached.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by or on behalf of the Borrower or any of its Subsidiaries to Lender herein the Lenders or the Administrative Agent under or in connection with this Agreement, any of the Syndicated Loan or any certificate or information delivered in connection with this Agreement or any other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents Document shall be materially false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or ------------------------------------ warranty made or deemed made by the Borrower to the Administrative Agent or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Lender herein or in any of the other Loan Documents statement or in any statement, certificate or financial statements at any time given by the Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to Lender the Lenders herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by or on behalf of the Borrower or any of its Subsidiaries to Lender herein the Lenders or the Agent under or in connection with this Agreement, any Loan, any Letter of the Credit or any certificate or information delivered in connection with this Agreement or any other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents Document shall be materially false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower or Guarantor to the Administrative Agent or any Lender herein or by Brightpoint or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower or any Guarantor to the Agent, any Lender or any Issuing Bank herein or by any Person in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender or the Company herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by either Borrower to the Administrative Agent or any Lender herein or by such Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by any Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation representation, warranty or warranty statement made or deemed made by Borrower to Lender herein or on behalf of any Credit Party or by any officer of the foregoing under any Loan Document or in any report, certificate, or other document delivered to any Agent or any Lender under Article VI of the other Loan Documents this Agreement or in any statement, certificate or financial statements at any time given by Borrower otherwise pursuant to any of the Loan Documents shall Document prove to be false incorrect or misleading in any material respect on the date as of which when made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower any Loan Party to the Lender herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or ------------------------------------ warranty made or deemed made by a Borrower to the Agents, any Lender or any Issuing Bank herein or by a Borrower or any of its Subsidiaries in any other Loan Document or in any of the other Loan Documents statement or in any statement, certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made by Holdings or deemed made by the Borrower to Lender herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any material representation or warranty made or deemed made by Borrower to Lender or Guarantors herein or in any of the other Loan Documents instrument or in any statement, certificate or financial statements at any time given by Borrower pursuant document relating to any of the Loan Documents or to the Property shall be materially false or misleading in when made, or any material respect on the date as of which madewarranty shall be materially breached.

Breach of Representation or Warranty. Any representation representation, warranty, certification or warranty made or deemed other statement made by the Borrower to Lender herein in any Loan Document or in any of the other Loan Documents statement or in any statement, certificate or financial statements at any time given by the Borrower in writing pursuant to any of the Loan Documents thereto or in connection therewith shall be false or misleading in any material respect on the date as of which made.; or

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by Holdings, Enterprises, the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower any Credit Party Entity to the Administrative Agent or any Lender herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent, any Lender or any Issuing Bank herein or by Holdings, the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to the Agent or any Lender herein or by Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower or any of its Subsidiaries pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower to the Administrative Agent or any Lender herein or by any Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made.);

Breach of Representation or Warranty. Any representation representations or warranty warranties made or deemed agreed to be made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents or this Agreement shall be breached by Borrower or shall prove to be false or misleading in any material respect on the date as of which made.respect; or

Breach of Representation or Warranty. Any representation representation, warranty or warranty statement made or deemed made by Borrower to Lender herein or on behalf of any Credit Party or by any officer of the foregoing under any Loan Document or in any of report, certificate, or other document delivered to the other Loan Documents Administrative Agent or in any statement, certificate or financial statements at any time given by Borrower Lender pursuant to any of the Loan Documents shall Document prove to be false incorrect or misleading in any material respect on the date as of which when made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made by the Borrower or deemed made by any Qualified Borrower to the Administrative Agent, the Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by the Borrower or any of its Restricted Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by a Borrower to the Agent, any Lender or any Issuing Bank herein or by a Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by the Borrower or any Guarantor in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower to the Administrative Agent or any Lender herein or by Holdings or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at -110- 120 any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or ATSC to the Agent, the Issuing Bank or any Lender herein or in any of the other Loan Documents or in any statement, written statement or certificate or financial statements at any time given by the Borrower or ATSC pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender any Obligor herein or in any of the other Loan Documents Document or that is contained in any statementcertificate, certificate document or financial statements or other written statement furnished by it at any time given by Borrower pursuant under or in connection with this Agreement or any such other Loan Document shall prove to any of the Loan Documents shall be false or misleading have been inaccurate in any material respect on or as of the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to Lender herein or in any of the other Loan Documents Document or that is contained in any statementcertificate, certificate document or financial statements or other statement furnished by it at any time given by Borrower pursuant under or in connection with this Agreement or any such other Loan Document shall prove to any of the Loan Documents shall be false or misleading have been inaccurate in any material respect on or as of the date as of which made.;

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Co-Agents or any Lender herein or by GGP, Inc., the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or ------------------------------------ warranty made or deemed made by the Borrower to Lender herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or ------------------------------------ warranty made by the Borrower, or deemed made by Borrower any Guarantor to the Administrative Agent, the Arranger or any other Lender herein or by the Borrower or any Guarantor or any of their Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Administrative Agent or any Lender herein or in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by the Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or any Guarantor to Agent or any Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty of any Obligor made hereunder or deemed made under any other Loan Document executed by Borrower to Lender herein it or in any other document delivered by or on behalf of such Obligor to the other Loan Documents Lender for the purposes of or in connection with this Agreement or any statement, certificate such Loan Document is or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading incorrect in any material respect on the date as of which when made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender any Obligor herein or in any of the other Loan Documents Document or that is contained in any statementcertificate, certificate document, financial statement or financial statements other statement furnished by it at any time given by Borrower pursuant under or in connection with this Agreement or any such Loan Document shall prove to any of the Loan Documents shall be false or misleading have been inaccurate in any material respect on or as of the date as of which made or deemed made.;

Breach of Representation or Warranty. Any representation or warranty made or deemed made by any Borrower or any Subsidiary of any Borrower to the Agent or any Lender herein or in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Transaction Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower any Loan Party to the Administrative Agent or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Payment and Disbursement Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsid iaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower Borrower, the REIT or any Guarantor Subpartnership to Agent or any Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any statement, representation or warranty made or deemed made by Borrower to Lender or Guarantor herein or in any of the other Loan Documents instrument or in any statement, certificate or financial statements at any time given by Borrower pursuant document relating to any of the Loan Documents or the Property shall be determined by Lender to be false or misleading in any material respect on the date as of which when made, or any warranty shall be materially breached, or Borrower commits fraud.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Administrative Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made.);

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or the Parent to the Administrative Agent or any Lender herein or by any Loan Party in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made.);

Breach of Representation or Warranty. Any representation representation, warranty or warranty made or deemed statement which is made by Borrower to Lender herein or any Obligor in any of the other Loan Finance Documents or which is contained in any statementcertificate, certificate statement or financial statements at any time given by Borrower notice provided under or pursuant to any of the Loan Finance Documents shall be false proves to have been incorrect or misleading in any material respect on the date as of which madewhen made (or deemed repeated).

Breach of Representation or Warranty. Any statement, representation or warranty made or deemed made by Borrower to Lender herein or in any of other instrument or document relating to the other Loan Documents or in any statement, certificate Hedging Contract or financial statements the Property shall at any time given be determined by Borrower pursuant Lender to any of the Loan Documents shall be false or misleading in any material respect on the date as of which when made, or any warranty shall be materially breached, or Borrower commits fraud.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Collateral Agent, the Administrative Agent or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to either Administrative Agent, any Lender or any Issuing Bank herein or by the Borrower in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by a Borrower to the Agents, any Lender or any Issuing Bank herein or by a Borrower or any of its Subsidiaries in any other Loan Document or in any of the other Loan Documents statement or in any statement, certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made (or deemed made.). (d)

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Holdings or any Borrower to the Administrative Agent or any Lender herein or in any of the other Loan Documents Document or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to 84 any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Administrative Agent, anythe Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent, the Arranger or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower the Borrowers to the Agent or any Lender herein or by the Borrowers or any of their respective Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made (or deemed made).

Breach of Representation or Warranty. Any representation or warranty made by the Borrower or deemed made by any Qualified Borrower to the Agent or any other Lender herein or by the Borrower or any of its Subsidiaries (including any Qualified Borrowers) in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation ------------------------------------ or warranty made or deemed made by the Borrower to the Administrative Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation representations or warranty warranties made or deemed agreed to be made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents or this Agreement shall be breached by Borrower or shall prove to be false or misleading in any material respect on the date as of which maderespect.

Breach of Representation or Warranty. Any material representation or warranty made or deemed made by Borrower to Lender or Guarantor herein or in any of other instrument or document relating to the other Loan Documents Loan, or in any statement, certificate or financial statements the Property shall at any time given by Borrower pursuant to any of the Loan Documents be materially false or misleading, or shall be false or misleading in any material respect on the date as of which madematerially breached.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation ------------------------------------ or warranty made or deemed made by Borrower Borrower, the REIT or any Pledgor Subpartnership to Administrative Agent or any Lender herein or in any of the he other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or ------------------------------------ warranty made or deemed made by the Borrower to the Administrative Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower any Loan Party or any Pledgor to the Agent or any Lender herein or in any of the other Loan Documents or in any statement, statement or certificate or financial statements at any time given by Borrower such Loan Party or any of its Subsidiaries pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation representation, warranty or warranty statement made or deemed made by Borrower to Lender herein or on behalf of Borrowers or by any officer of the foregoing under any Loan Document or in any of report, certificate, or other document delivered to the other Loan Documents Administrative Agent or in any statement, certificate or financial statements at any time given by Borrower DIP Lender pursuant to any of the Loan Documents shall Document prove to be false incorrect or misleading in any material respect on the date as of which when made or deemed made.

Breach of Representation or Warranty. Any representation representation, warranty or warranty statement made or deemed made by or on behalf of the Borrower to Lender herein or by any officer of the Borrower under any Loan Document or in any of report, certificate, or other document delivered to the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower Lender pursuant to any of the Loan Documents Document, shall prove to be false incorrect or misleading in any material respect on when made or deemed made for a period of thirty (30) days after learning of such failure or receiving written notice thereof from the date as of which madeLender.

Breach of Representation or Warranty. Any representation representation, warranty or warranty statement made or deemed made by Borrower to Lender herein or on behalf of any Credit Party or by any officer of the foregoing under any Loan Document or in any of the other Loan Documents or in any statementreport, certificate (including the Borrowing Base Certificate), or financial statements at other document delivered to any time given by Borrower Agent or any Lender pursuant to any of the Loan Documents shall Document prove to be false incorrect or misleading in any material respect on the date as of which when made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender herein in any Loan Document or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.. (c)

Breach of Representation or Warranty. Any representation representation, warranty, certification or warranty statement of fact made or deemed made by or on behalf of Borrower to Lender herein in or in connection with any Facility Document (or any amendment or modification or waiver thereunder), or in any of the report, certificate, financial statement or other Loan Documents document furnished pursuant to or in connection with any statementFacility Document, certificate or financial statements at any time given by Borrower pursuant shall prove to any of the Loan Documents shall be have been false or misleading in any material respect on the date as of which when provided, made or deemed made.;

Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents Document or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made at any time by Borrower to Lender the Company herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which the time it was made or deemed made.

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower statement delivered pursuant hereto or thereto shall prove to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made or deemed made.; or

Breach of Representation or Warranty. Any If any representation or warranty made or deemed made by the Borrower to Lender herein or in any of document (including the other Term Loan Documents or in any statementAgreement) is breached, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which madeor becomes at any time false or misleading in any material respect.

Breach of Representation or Warranty. Any material representation or warranty made or deemed made by Borrower to Lender or Indemnitor herein or in any of other instrument or document relating to the other Loan Documents or in any statement, certificate or financial statements the Property shall at any time given by Borrower pursuant to be materially false or misleading, or any of the Loan Documents warranty shall be false or misleading in any material respect on the date as of which made.materially breached;

Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Lender herein or in any of the other Loan Documents Document or in any statement, statement or certificate or financial statements at any time given by Borrower any such Person pursuant to any of the Loan Documents Document shall be false or misleading in any material respect on the date as of which made (or deemed made).