Common use of Disclosure; No Material Misstatements Clause in Contracts

Disclosure; No Material Misstatements. The Borrower has disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished) contains any material misstatement of fact or, when taken as a whole, omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, other forward-looking information and information of a general economic or general industry nature, the Borrower represents only that such information was prepared in good faith based upon assumptions believed by the Borrower to be reasonable at the time such projected financial information was made available, it being understood that such projected financial information is not to be viewed as facts and that the actual results may vary materially from such projected financial information.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Southcross Energy Partners, L.P.), Revolving Credit Agreement, Term Loan Credit Agreement

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Disclosure; No Material Misstatements. The Borrower has disclosed or made available for disclosure to the Administrative Agent and the Lenders all material agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could would reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished) contains any material misstatement of fact or), when taken as a whole, omits contain any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, that with respect to projected financial information, other forward-looking information and information of a general economic or general industry nature, the Borrower each Obligor represents only that such information was prepared in good faith based upon on assumptions believed by management of the Borrower Obligors to be reasonable at the time such projected financial information was made available, prepared (it being understood recognized by the Administrative Agent and the Lenders that such projected financial information is projections by their nature are not to be viewed as facts fact and are subject to uncertainties and contingencies, many of which are beyond the control of each Obligor; that no assurances can be given that such projections will be realized; and that the actual results may vary materially differ in a material manner from such projected financial informationprojections).

Appears in 4 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Disclosure; No Material Misstatements. The Borrower has disclosed to the Administrative Agent and the Lenders Lender all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None To the knowledge of Borrower, taken as a whole, none of the other reports, financial statements, certificates or other information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender or any of their its Affiliates in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or under any other Loan Document (as modified or supplemented by other information so furnished) contains any material misstatement of fact or, when taken as a whole, or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, other forward-looking information prospect information, geological and information of a general economic or general industry naturegeophysical data and engineering projections, the Borrower represents only that such information was prepared in good faith based upon assumptions believed by the Borrower to be reasonable at the time such projected financial information was made available, it being understood that such projected financial information is not to be viewed as facts and that the actual results may vary materially from such projected financial informationtime.

Appears in 2 contracts

Samples: Letter of Credit Facility Agreement (Par Petroleum Corp/Co), Letter of Credit Facility Agreement (Par Petroleum Corp/Co)

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Disclosure; No Material Misstatements. The Borrower Master General Partner has disclosed to the Administrative Collateral Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries Participating Partnership is subject, and all other matters known to it, thatthat in each case, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other written information furnished by or on behalf of the Borrower or any Subsidiary Obligor to the Administrative Collateral Agent or any Lender Hedge Provider or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Hedging Facility Document or delivered hereunder or under any other Loan Hedging Facility Document (as modified or supplemented by other information so furnished, collectively, the “Information”) contains contained, as of the date delivered, any material misstatement of fact oror omitted to state, when taken as a wholeof the date delivered, omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided thatand, with respect to projected financial information, other forward-looking information and information as of a general economic or general industry naturethe Effective Date, the Borrower represents only Information does not contain any misstatement of fact or omit to state any fact that such information would make the Information, taken as a whole and viewed in the light of the circumstances under which the Information was prepared prepared, misleading in good faith based upon assumptions believed by the Borrower to be reasonable at the time such projected financial information was made available, it being understood that such projected financial information is not to be viewed as facts and that the actual results may vary materially from such projected financial informationany material respect.

Appears in 1 contract

Samples: Security Agreement (Atlas Resource Partners, L.P.)

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