Common use of Material Facts Clause in Contracts

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 8 contracts

Samples: Mortgage Loan Agreement (Sunlink Health Systems Inc), Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Correctional Services Corp)

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Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 7 contracts

Samples: Loan and Security Agreement (Numed Home Health Care Inc), Loan and Security Agreement (Numed Home Health Care Inc), Loan and Security Agreement (Raintree Healthcare Corp)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 3 contracts

Samples: Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp), Loan and Security Agreement (Phymatrix Corp)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may materially adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Drkoop Com Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender the Lenders by or on behalf of Borrower the Company in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower the Company that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrowerthe Company, or any of its properties or assets.

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Ep Medsystems Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There To Borrower's knowledge, there is no fact known that is likely to Borrower have a Material Adverse Effect that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetshas not been previously disclosed to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Daou Systems Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There To the Borrower's knowledge, there is no fact known to Borrower that materially adversely affects or in the future may materially adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (BMJ Medical Management Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects would result in or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetscause a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Idx Systems Corp)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower the Loan Parties, the Holding Companies or Ensign in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Material Facts. Neither this Agreement nor any other --------------- Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that adversely affects has or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetscould reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Healthcor Holdings Inc)

Material Facts. Neither To Borrower's knowledge, neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in would have a Material Adverse Effect on the future may adversely affect the business, operations, affairs or financial condition or business prospects of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockwell Medical Technologies Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetswould reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Agreement (Tandem Health Care, Inc.)

Material Facts. Neither this Agreement nor any other -------------- Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Lasersight Inc /De)

Material Facts. Neither this Agreement nor any other Loan -------------------------------- Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions actions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Securiiy Agreement (International Nursing Services Inc)

Material Facts. Neither this Agreement nor any other ---------------- Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (New York Health Care Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that materially and adversely affects or in the future may materially and adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Retirement Care Associates Inc /Co/)

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Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Allion Healthcare Inc)

Material Facts. MATERIAL FACTS. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no material fact known to Borrower that materially adversely affects or in the future may materially adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (PHC Inc /Ma/)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower by a representative of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that materially and adversely affects or in the future may materially adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Balanced Care Corp)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement or other Loan Document Documents or therein not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Odyssey Healthcare Inc)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that materially and adversely affects or in the future may materially and adversely affect the business, operations, . affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Newcare Health Corp)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or any other Loan Document not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Southland Health Services, Inc.)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that materially adversely affects or in the future may materially adversely affect the business, operations, affairs or financial condition of BorrowerBorrower and its subsidiaries taken as a whole, or any of its properties or assets.

Appears in 1 contract

Samples: Loan and Security Agreement (Company Doctor)

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower Borrowers in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower Borrowers that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetsBorrowers.

Appears in 1 contract

Samples: Mortgage Loan Agreement

Material Facts. Neither this Agreement nor any other Loan Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement contains any untrue statement of material fact or omits to state a material fact necessary to make the statements contained in this Agreement or other Loan Document not misleading. There is no fact known to Borrower that adversely affects currently or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetshave a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Ensign Group, Inc)

Material Facts. Neither this Agreement nor any other Loan -------------- Document nor any other agreement, document, certificate, or statement furnished to Lender by or on behalf of Borrower in connection with the transactions contemplated by this Agreement hereby contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained in this Agreement herein or other Loan Document therein not misleading. There is no fact known to Borrower that adversely affects or in the future may adversely affect the business, operations, affairs or financial condition of Borrower, or any of its properties or assetswhich could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Creditrust Corp)

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