Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 99 contracts
Samples: Agreement (Navigator Holdings Ltd.), Agreement (KNOT Offshore Partners LP), Agreement (Daqo New Energy Corp.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 53 contracts
Samples: Intercreditor Agreement (CorpAcq Group PLC), Intercreditor Agreement (CorpAcq Group PLC), Certain Confidential Information (Metals Acquisition LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 24 contracts
Samples: Agreement (Himalaya Shipping Ltd.), Facility Agreement, Agreement (Diodes Inc /Del/)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 17 contracts
Samples: Assignment Agreement (Castor Maritime Inc.), Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.), Assignment Agreement (Ocean Rig UDW Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made (or, in the case of a representation or statement that contains a materiality concept, is or proves to have been incorrect or misleading in any respect when made or deemed to be made.), unless the misrepresentation is:
Appears in 13 contracts
Samples: Facility Agreement (Kosmos Energy Ltd.), Facility Agreement (Kosmos Energy Ltd.), Assignment Agreement (Vaalco Energy Inc /De/)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 10 contracts
Samples: Agreement (Polestar Automotive Holding UK PLC), Facilities Agreement (WEIBO Corp), Term Facility Agreement (Polestar Automotive Holding UK PLC)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 9 contracts
Samples: Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC), Facilities Agreement (Molson Coors Brewing Co)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 9 contracts
Samples: Agreement (Navios Maritime Partners L.P.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Castor Maritime Inc.)
Misrepresentation. Any representation A representation, warranty or statement made or deemed to be made by an Obligor repeated in the or in connection with any Finance Documents Document or in any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been was incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 7 contracts
Samples: First Supplemental Agreement (KNOT Offshore Partners LP), Second Supplemental Agreement, Guarantee Agreement (KNOT Offshore Partners LP)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or Grantor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor or Grantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 6 contracts
Samples: Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Intercreditor Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or Third Party Chargor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading (in the case of any representation or statement which is not subject to a materiality threshold in accordance with its terms, in any material respect respect) when made or deemed to be made.
Appears in 6 contracts
Samples: Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.), Intercreditor Agreement (Nord Anglia Education, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 6 contracts
Samples: Restatement Agreement (Las Vegas Sands Corp), Facility Agreement, Agreement (Las Vegas Sands Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 6 contracts
Samples: Agreement (Hafnia LTD), Agreement (E-House (China) Holdings LTD), And Restatement Agreement (MIE Holdings Corp)
Misrepresentation. 23.4.1 Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 6 contracts
Samples: Common Terms Agreement (Lesaka Technologies Inc), Restatement Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Agreement (Wisekey International Holding S.A.), Convertible Loan Agreement (Wisekey International Holding S.A.), Loan Agreement (Xylem Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade and which has had or could reasonably be expected to have a Material Adverse Effect.
Appears in 5 contracts
Samples: And Restatement Agreement (Ardmore Shipping Corp), Facilities Agreement (Ardmore Shipping Corp), Assignment Agreement (Ardmore Shipping Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it pursuant thereto or in connection with any Finance Document therewith is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/), Restated Agreement (HCC Insurance Holdings Inc/De/)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Company in the Finance Documents or any other document delivered by or on behalf of any Obligor the Company under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Facility Agreement (Ener1 Inc), Agreement (Nordic Telephone CO ApS), Agreement (Nordic Telephone CO ApS)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade by reference to the facts and circumstances then existing.
Appears in 5 contracts
Samples: Loan Agreement (Phoenix New Media LTD), Agreement (Phoenix New Media LTD), Loan Agreement (Phoenix New Media LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor any person other than a Finance Party in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC), Term Facilities Agreement (Xstrata PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 5 contracts
Samples: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated unless the circumstances giving rise to the misrepresentation:
Appears in 5 contracts
Samples: Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC), Agreement (Smith & Nephew PLC)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 4 contracts
Samples: Supplemental Agreement (Enodis PLC), Agreement (Schlumberger LTD /Ny/), Agreement (Enodis PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the any Finance Documents Document to which it is party or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Revolving Loan Facility Agreement (Plandai Biotechnology, Inc.), Term Loan Facility Agreement (Plandai Biotechnology, Inc.), Revolving Loan Facility Agreement (Plandai Biotechnology, Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or a Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Senior Facilities Agreement (StarTek, Inc.)
Misrepresentation. (i) Any representation or statement made or deemed to be made by an Obligor in the Finance Note Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Note Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Guarantee Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC), Note Purchase Agreement (Luxfer Holdings PLC)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated, unless the circumstances giving rise to the misrepresentation:
Appears in 4 contracts
Samples: Agreement (Tele2 Ab), Agreement (Converium Holding Ag), Agreement (Tele2 Ab)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Obligors in the Finance Documents or any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 4 contracts
Samples: Facility Agreement (DHT Holdings, Inc.), Facility Agreement (DHT Holdings, Inc.), Facility Agreement (Nordic American Offshore Ltd.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or Grantor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor or Grantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: And Restatement Agreement (Melco Crown Entertainment LTD), Restatement Agreement (Melco Crown Entertainment LTD), Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor Group Member under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facility Agreement (Zhongpin Inc.), Facility Agreement (China TransInfo Technology Corp.), Facility Agreement (Harbin Electric, Inc)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Company in the Finance Documents or any other document delivered by or on behalf of any Obligor the Company under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facilities Agreement (NLS Pharmaceutics Ltd.), Facilities Agreement (NLS Pharmaceutics Ltd.), Credit Facility Agreement (Axis Capital Holdings LTD)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered after the date of this Agreement by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated unless the circumstances giving rise to the misrepresentation:
Appears in 3 contracts
Samples: Restatement Agreement (Mittal Steel Co N.V.), Restatement Agreement (Mittal Steel Co N.V.), Bridge Facility Agreement (Mittal Steel Co N.V.)
Misrepresentation. 23.4.1 Any representation representation, warranty or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc), Export Finance Agreement (Votorantim Pulp & Paper Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under the Obligors or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Agreement (Flex LNG Ltd.), Agreement (Flex LNG Ltd.), Facility Agreement (KNOT Offshore Partners LP)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document (including, without limitation, under Clause 4 (Conditions Precedent)) is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated, unless the circumstances giving rise to the misrepresentation:
Appears in 3 contracts
Samples: Agreement (Royal Ahold), Facilities Agreement (Royal Ahold), Agreement (Royal Ahold)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facility Agreement (NorthStar Healthcare Income, Inc.), Facility Agreement (Northstar Realty Finance Corp.), Assignment Agreement (American Realty Capital Global Trust, Inc.)
Misrepresentation. Any (a) Subject to paragraph (b) below, any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facility Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD), Agreement (PCGI Intermediate Holdings LTD)
Misrepresentation. (a) Any representation representation, warranty or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Facility Agreement (Enstar Group LTD), Facilities Agreement (Enstar Group LTD), Enstar Group LTD
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or member of the Borrower Group in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Atlatsa Resources Corp), Facilities Agreement (Atlatsa Resources Corp), Facilities Agreement (Anooraq Resources Corp)
Misrepresentation. Any representation or statement made or deemed to be have been made by an Obligor in the any Finance Documents Document or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it, pursuant to it or in connection with any Finance Document therewith is or proves to have been incorrect or misleading in any material respect when made or deemed to be have been made.
Appears in 3 contracts
Samples: Senior Facilities Agreement (Corporate Express N.V.), Senior Facilities Agreement (Moore Labels Inc), Conformed Copy (Buhrmann Nv)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any either Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 3 contracts
Samples: Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc), Agreement (Advanced Micro Devices Inc)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor the Obligors in the any Finance Documents Document or in any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.repeated unless the matter giving rise to such misrepresentation:
Appears in 3 contracts
Samples: Agreement, Facility Agreement (Strategic Hotels & Resorts, Inc), Facility Agreement (Strategic Hotels & Resorts, Inc)
Misrepresentation. Any representation or statement made or deemed to be made by or on behalf of an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Patent Security Agreement (Affimed Therapeutics B.V.), Facility Agreement (Cheng Zheng)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves proved to have been incorrect or misleading in any material respect when made or deemed to be mademade in any material respect.
Appears in 2 contracts
Samples: Facilities Agreement (Harmony Gold Mining Co LTD), Facilities Agreement (Harmony Gold Mining Co LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (United Maritime Corp), Facility Agreement (United Maritime Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in any or all of the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (WuXi PharmaTech (Cayman) Inc.), Facility Agreement (China Mengniu Dairy Co LTD)
Misrepresentation. Any representation A representation, warranty or statement made or deemed to be made by an Obligor repeated in the or in connection with any Finance Documents Document or in any other document delivered by or on behalf of any Obligor under or in connection with any a Finance Document is or proves to have been was incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 2 contracts
Samples: Credit and Term Loan Facility Agreement (DryShips Inc.), Loan Facility Agreement (DryShips Inc.)
Misrepresentation. (a) Any representation or written statement made or deemed to be made by an any Obligor in any of the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any of the Finance Document Documents (other than under or in connection with a Sanctions Event), is or proves to have been be incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (IHS Holding LTD), Facility Agreement (IHS Holding LTD)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Borrower in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Rockwood Holdings, Inc.), Agreement (Rockwood Holdings, Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 2 contracts
Samples: Assignment Agreement (Dorian LPG Ltd.), Assignment Agreement (Dorian LPG Ltd.)
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material and adverse respect when made or deemed to be made.
Appears in 2 contracts
Samples: www.sec.gov, Sibanye Gold LTD
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or any other person in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any to a material respect extent when made or deemed to be made.
Appears in 2 contracts
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or any other person (other than a Finance Party) in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made unless the circumstances giving rise to that misrepresentation are:
Appears in 2 contracts
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor repeated in or in connection with the Finance Documents or any other document delivered by or on behalf of the Borrower or any Obligor of the Owners under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Ship Finance International LTD), Facility Agreement (Ship Finance International LTD)
Misrepresentation. (A) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Rockley Photonics Holdings LTD), Agreement (Rockley Photonics Holdings LTD)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect (or, where any representation or statement is already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.), Facility Agreement (Giant Interactive Group Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Wimm Bill Dann Foods Ojsc), Energizer Holdings Inc
Misrepresentation. (a) Any representation or written statement made or deemed to be have been made by an Obligor in the any Senior Finance Documents Document or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it pursuant to it or in connection with any Finance Document therewith is or proves to have been incorrect or misleading in any material respect when made or deemed to be have been made.
Appears in 2 contracts
Samples: Facility Agreement (Avis Budget Group, Inc.), Facility Agreement (Avis Budget Group, Inc.)
Misrepresentation. 26.4.1 Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 2 contracts
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc), Common Terms Agreement (Net 1 Ueps Technologies Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or the Shareholder Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor or the Shareholder Guarantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Coca-Cola HBC AG), Facility Agreement (Coca-Cola HBC AG)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or any other Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor or any other Security Provider under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facilities Agreement (Lesaka Technologies Inc), GBF Agreement (Net 1 Ueps Technologies Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Grindrod Shipping Holdings Ltd.), Agreement (Grindrod Shipping Holdings Ltd.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor Obligor, the Personal Guarantor or any Onshore Depositor in the Finance Documents to which it is a party or any other document delivered by or on behalf of any Obligor Obligor, the Personal Guarantor or any Onshore Depositor under or in connection with any such Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Sequoia Capital China I Lp), Facility Agreement (Chiu Na Lai)
Misrepresentation. 24.4.1 Any representation representation, warranty or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Assignment Agreement (Enstar Group LTD), Assignment Agreement (Enstar Group LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is ‘or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.made unless the circumstances giving rise to the misrepresentation:
Appears in 2 contracts
Samples: Agreement (Fx Energy Inc), Assignment Agreement (Fx Energy Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or member of the Pelawan Group in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been materially incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Funding Common Terms Agreement (Atlatsa Resources Corp), Funding Common Terms Agreement (Anooraq Resources Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document to which it is a party is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Assignment Agreement (Ardmore Shipping Corp), Facility Agreement (Ardmore Shipping Corp)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or the Vendor Loan Note Holder or the VLN Security Trustee in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facilities Agreement (NDS Group PLC), Mezzanine Facility Agreement (NDS Group PLC)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor or the Parent Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or confirmed.
Appears in 2 contracts
Samples: Credit Agreement (DHT Holdings, Inc.), Credit Agreement (DHT Holdings, Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an a Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Okeanis Eco Tankers Corp.), Assignment Agreement (Star Bulk Carriers Corp.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Agreement (Kronos International Inc), Agreement (Kronos International Inc)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in relation to the Finance Documents or any other document or statement delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made., provided that:
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Sibanye Gold LTD), Facility Agreement (Sibanye Gold LTD)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Facility Agreement (Aon Corp), Agreement (Aon Corp)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor any of the Obligors in the Finance Documents or any other document delivered by or on behalf of any Obligor of the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 2 contracts
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor the Obligors under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 2 contracts
Samples: Credit Facilities Agreement, Credit Facilities Agreement (KNOT Offshore Partners LP)
Misrepresentation. Any A representation or statement made or deemed to be made repeated by an Obligor or a Subordinated Creditor in the any Finance Documents Document or in any other document delivered by or on behalf of any an Obligor or a Subordinated Creditor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be maderepeated.
Appears in 2 contracts
Samples: www.sec.gov, Agreement (Shurgard Storage Centers Inc)
Misrepresentation. (A) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Agreement (Endava PLC)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or the Servicer in the any Finance Documents Document or any other document delivered by or on behalf of any Obligor or the Servicer under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. (c) Any representation or statement made or deemed to be made by an Obligor or the Parent Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor or the Parent Guarantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or a Security Provider in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Terms Agreement (Sunpower Corp)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor or the Parent in the Finance Documents or any other document delivered by or on behalf of any Obligor or the Parent under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Agreement (Cascal N.V.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor Obligor, a Security Provider or the Individual Guarantor in the Finance Documents or any other document delivered by or on behalf of any Obligor Obligor, Security Provider or the Individual Guarantor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Assignment Agreement (China Shandong Industries, Inc.)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor the Company in the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor the Borrower under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. (a) Any representation or statement made or deemed to be made by an any Total Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Total Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect (or, where any representation or statement is already qualified by materiality or Material Adverse Effect, in any respect) when made or deemed to be made.
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor repeated in or in connection with the Finance Documents or any other document delivered by or on behalf of any an Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Misrepresentation. Any a) A representation or statement made or deemed to be made by an Obligor [Feststellung], which is contained in the Finance Documents and which was made, or any other document delivered is deemed to have been made, by the Borrower or on behalf of any Obligor under or in connection with any Finance Document the Guarantor, is or proves to have been be incorrect or misleading in any material respect when made or deemed to be mademisleading.
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an any Group Obligor in the Finance Documents or any notice or other document document, certificate or statement delivered by or on behalf of any Group Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Restatement Agreement (Hanover Insurance Group, Inc.)
Misrepresentation. Any representation representation, warranty, certification or statement made or deemed to be made by an Obligor in the any Finance Documents Document or in any certificate, financial statement or other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves shall prove to have been incorrect or misleading in any material respect when made or deemed to be mademade or repeated.
Appears in 1 contract
Samples: Agreement (Aramark Corp/De)
Misrepresentation. Any representation or statement made or deemed to be made by an Obligor in the Finance Transaction Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Transaction Document is or proves to have been incorrect or misleading in any material respect aspects when made or deemed to be made.
Appears in 1 contract
Samples: www.hk1282.com
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor the Company in the Finance Documents or any other document delivered by or on behalf of any Obligor the Company under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect (or, to the extent a materiality test applies in the relevant provision (as applicable), in all respects), when made or deemed to be made.
Appears in 1 contract
Misrepresentation. Any representation or statement made or deemed to be made by an any Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves proved to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Senior Facility Agreement (Harmony Gold Mining Co LTD)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an any Transaction Obligor in the Finance Documents or any other document delivered by or on behalf of any Transaction Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect (or, where any representation or statement is already qualified by materiality or Material Adverse Effect, in all respects) when made or deemed to be made.
Appears in 1 contract
Samples: Intercreditor Agreement (WuXi PharmaTech (Cayman) Inc.)
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be mademade by reference to the facts and circumstances then existing.
Appears in 1 contract
Misrepresentation. Any representation representation, warranty or statement made or deemed to be made by an Obligor in the any Finance Documents Document or in any notice or other document document, certificate or statement delivered by or on behalf of any Obligor under it pursuant to, or in connection with with, any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Shurgard Storage Centers Inc
Misrepresentation. (a) Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor 72 under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Agreement (Coeur D Alene Mines Corp)
Misrepresentation. Any written representation or statement made or deemed to be made by an Obligor the Borrower or CTL in the Finance Documents or any other document delivered by or on behalf of any such Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Term Facility Agreement (Cadence Design Systems Inc)
Misrepresentation. Any representation or statement made in writing or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.
Appears in 1 contract
Samples: Agreement (Whirlpool Corp /De/)