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 written statement or certificate at any time given by 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).
Appears in 7 contracts
Samples: Credit Agreement (Metals Usa Inc), Credit Agreement (Transportation Components Inc), Credit Agreement (Landcare Usa Inc)
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 written statement or certificate at any time given by 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).
Appears in 5 contracts
Samples: Credit Agreement (SPG Realty Consultants Inc), Term Credit Agreement (General Growth Properties Inc), Revolving and Term Credit Agreement (General Growth Properties Inc)
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 Borrower Subsidiary to the Administrative Agent, any of the other Loan Documents Lender or Issuing Bank herein or in any written statement other Loan Document or in any certificate at any time given by 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).
Appears in 4 contracts
Samples: Credit Agreement (Nacco Industries Inc), Credit Agreement (Nacco Industries Inc), Credit Agreement (NMHG Holding Co)
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 Borrower, TMC or any of its their respective Subsidiaries in any of the other Loan Documents Documents, in any Letter of Credit Request, or in any written statement or certificate at any time given by 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)repeated.
Appears in 3 contracts
Samples: Assignment and Acceptance (Mills Corp), Revolving Credit Agreement (Mills Corp), Revolving Credit Agreement (Mills Corp)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent any Agent, any Arranger or any Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any written statement or certificate at any time given by 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).
Appears in 2 contracts
Samples: Credit Agreement (Spartan Stores Inc), Credit Agreement (Spartan Stores Inc)
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 written statement or certificate at any time given by 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).
Appears in 2 contracts
Samples: Term Loan Agreement (Kaynar Holdings Inc), Credit Agreement (Kaynar Holdings Inc)
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 written statement or certificate at any time given by any such Person pursuant to any of the Loan Documents shall be false or misleading untrue in any material respect on the date as of which made (or deemed made).
Appears in 2 contracts
Samples: Long Term Credit Agreement (Ball Corp), Term Credit Agreement (Ball Corp)
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 written statement or certificate of any Authorized Officer at any time given by 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).
Appears in 2 contracts
Samples: Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent Payment and Disbursement 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 written statement or certificate at any time given by 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).
Appears in 2 contracts
Samples: Credit Agreement (Simon Property Group L P /De/), Credit Agreement (Simon Property Group L P /De/)
Breach of Representation or Warranty. Any representation repre sentation or warranty made or deemed made by the Borrower or any Guarantor to the Agent Agent, any Lender or any Lender Issuing Bank herein or by the Borrower or any of its Subsidiaries Person in any of the other Loan Documents or in any written statement or certificate at any time given by any such Person pursuant to any of the Loan Documents shall be false or misleading mislead ing in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
Samples: Credit Agreement (Aviation Sales Co)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower or any member of the Borrower Corporate Group to the Agent or any Lender herein or by the Borrower or any of its their respective Subsidiaries in any of the other Loan Documents or in any written statement or certificate at any time given by 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).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or any of its Subsidiaries 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 written statement or certificate at any time given by 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).
Appears in 1 contract
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 Company in any of the other Loan Documents or in any written statement or certificate at any time given by 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).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the any Borrower to the Agent or any Lender herein or by the any Borrower or any of its respective Subsidiaries in any of the other Loan Documents or in any written statement or certificate at any time given by 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).
Appears in 1 contract
Samples: Credit Agreement (American Architectural Products Corp)
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower to the Agent Payment and Disbursement Agent, any Arranger or any other Lender herein or by the Borrower or any of its Subsidiaries 107 in any of the other Loan Documents or in any written statement or certificate at any time given by 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).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower, any other Loan Party, AMC or the Borrower Foundation 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 written statement or certificate at any time given by 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).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by the Borrower or any Parent to the Agent or any Lender herein or by the Borrower or any of its Subsidiaries Parent in any of the other Loan Documents or in any written statement or certificate at any time given by 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).
Appears in 1 contract
Breach of Representation or Warranty. Any representation or warranty made or deemed made by Borrower, the Borrower REIT or any Guarantor Subpartnership to the Agent or any Lender or Designated Bid Lender herein or by the Borrower or any of its Subsidiaries in any of the other Loan Documents or in any written statement statement, certificate or certificate financial statements at any time given by any such Person Borrower pursuant to any of the Loan Documents (including, without limitation, any UPP Eligibility Certification) shall be false or misleading in any material respect on the date as of which made (or deemed made).
Appears in 1 contract
