Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 57 contracts
Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Reddy Ice Holdings Inc), Credit Agreement (Reddy Ice Holdings Inc)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by the Borrower or any of the Subsidiaries in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 12 contracts
Samples: Credit Agreement (Health Catalyst, Inc.), Credit Agreement (Health Catalyst, Inc.), Credit Agreement (TransMedics Group, Inc.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect in any material respect when made or deemed to have been made in any material respectmade.
Appears in 12 contracts
Samples: Credit Agreement (Mitel Networks Corp), Credit Agreement (Hanesbrands Inc.), Credit Agreement (Hanesbrands Inc.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by Holdings, the Borrower or any of the Subsidiaries in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 6 contracts
Samples: Credit Agreement (Xtant Medical Holdings, Inc.), Credit Agreement (Bacterin International Holdings, Inc.), Credit Agreement (GC Aesthetics PLC)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by the Borrower or any of the Subsidiaries in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect in any material respect when made or deemed to have been made in any material respectmade.
Appears in 5 contracts
Samples: Credit Agreement (Acutus Medical, Inc.), Pledge and Security Agreement (Acutus Medical, Inc.), Credit Agreement (DarioHealth Corp.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by the Borrower under or in connection with any Loan Document (including shall prove to have been incorrect in any certificates delivered pursuant to Article V) is or shall be incorrect material respect when made or deemed to have been made in any material respect.made; or
Appears in 5 contracts
Samples: Loan Agreement (Cascade Corp), Loan Agreement (Elandia International Inc.), Loan Agreement (Elandia International Inc.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article VV of the Original Credit Agreement or Article III of the Amendment Agreement) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 4 contracts
Samples: Credit Agreement (Associated Materials Inc), Credit Agreement (AMH Holdings, Inc.), Credit Agreement (Associated Materials Inc)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect (i) in any respect when made or deemed to have been made (with respect to representations and warranties qualified by materiality or a Material Adverse Effect) or (ii) in any material respectrespect when made or deemed to have been made (with respect to all other representations or warranties).
Appears in 4 contracts
Samples: Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Titan Corp)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respectrespect (or in any respect if qualified by materiality or Material Adverse Effect).
Appears in 4 contracts
Samples: Credit Agreement (Ferro Corp), Pledge and Security Agreement (Ferro Corp), Credit Agreement (Ferro Corp)
Breach of Warranty. Any representation or warranty of any Obligor made or Pledgor made, or deemed to be made made, in any Loan Credit Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made made, or deemed to have been made made, in any material respect.
Appears in 4 contracts
Samples: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document to which such Obligor is party (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 4 contracts
Samples: Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/), Credit Agreement (Chesapeake Corp /Va/)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) V is or shall be incorrect (i) in any respect when made or deemed to have been made (with respect to representations and warranties qualified by materiality or a Material Adverse Effect) or (ii) in any material respectrespect when made or deemed to have been made (with respect to all other representations or warranties).
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered 98 pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 2 contracts
Samples: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V5) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 2 contracts
Samples: Credit Agreement (Dynamic Offshore Resources, Inc.), First Lien Credit Agreement (Milagro Oil & Gas, Inc.)
Breach of Warranty. Any representation or warranty of any Obligor either Borrower made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 2 contracts
Samples: Credit Agreement (Aei), Credit Agreement (Aei)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by Borrower under or in connection with any Loan Document (including shall prove to have been incorrect in any certificates delivered pursuant to Article V) is or shall be incorrect material respect when made or deemed to have been made in any material respect.made; or
Appears in 2 contracts
Samples: Loan Agreement (Key Technology Inc), Loan Agreement (Key Technology Inc)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by Holdings, the Borrower or any other Loan Party in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect in any material respect when made or deemed to have been made in any material respectmade.
Appears in 2 contracts
Samples: Credit Agreement (Valneva SE), Credit Agreement (Valneva SE)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates certificates, documents or statements delivered pursuant to Article Vthereto) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor or the Personal Guarantor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article VV or Section 11.18) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Samples: Credit Agreement (WRC Media Inc)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered First Lien Credit Agreement 92 pursuant to Article V) is or shall be incorrect in any material respect when made or deemed to have been made in any material respectmade.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V5) is or shall be incorrect when made or deemed to have been made in any material respectrespect (or if such representation or warranty contains a materiality qualifier, such representation or warranty is or shall be incorrect when made or deemed to have been made).
Appears in 1 contract
Samples: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates or any other document or notice delivered pursuant to Article V) is or shall be materially incorrect or misleading when made or deemed to have been made in any material respectmade.
Appears in 1 contract
Samples: Possession Credit Agreement (Champion Enterprises Inc)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in hereunder or pursuant to any other Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect in any material respect when made or deemed to have been made in any material respectmade.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Credit Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made by Holdings, the Borrower or any of the Subsidiaries in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect in any material respect when made or deemed to have been made in any material respectmade.
Appears in 1 contract
Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) 5 is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V5) is or shall be incorrect when made or deemed to have been made in any material respect.. Credit Agreement (First Lien) 100
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article VV or Section 11.17) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Samples: Credit Agreement (WRC Media Inc)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article VVI) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Breach of Warranty. Any representation or warranty of the Borrower, any Guarantor, or any other Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Municipal Mortgage & Equity LLC)
Breach of Warranty. Any representation or warranty of any Obligor made or deemed to be made in hereunder or pursuant to any other Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made or deemed to have been made in any material respect.
Appears in 1 contract
Breach of Warranty. Any representation or warranty of any ------------------ Obligor made or deemed to be made in any Loan Document (including any certificates delivered pursuant to Article V) is or shall be incorrect when made --------- or deemed to have been made in any material respect.
Appears in 1 contract
