Common use of Misrepresentation Clause in Contracts

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect in any material respect when made or deemed made.

Appears in 18 contracts

Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Insignia Properties Trust /), Credit Agreement (Cooper River Properties LLC)

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Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 17 contracts

Samples: Credit Agreement (Hickory Tech Corp), Credit Agreement (Richfood Holdings Inc), Credit Agreement (Richfood Holdings Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Credit Parties or any of its Subsidiaries their Subsidiaries, if applicable, under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 14 contracts

Samples: Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 13 contracts

Samples: Credit Agreement (Compx International Inc), Credit Agreement (Roanoke Electric Steel Corp), Credit Agreement (Rare Hospitality International Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower under this Agreement or any of its Subsidiaries under this AgreementLoan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 9 contracts

Samples: Loan and Security Agreement (Ithaca Industries Inc), Loan and Security Agreement (Burke Industries Inc /Ca/), Loan and Security Agreement (Texfi Industries Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries Subsidiary thereof under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 7 contracts

Samples: Credit Agreement (Duratek Inc), Credit Agreement (Global Imaging Systems Inc), Credit Agreement (Cornerstone Realty Income Trust Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries Guarantor under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 7 contracts

Samples: Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp), Loan Agreement (Medcath Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower under this Agreement or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 6 contracts

Samples: Loan and Security Agreement (Freedom Financial Group Inc), Loan and Security Agreement (Airport Systems International Inc), Loan and Security Agreement (International Comfort Products Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Restricted Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 5 contracts

Samples: Credit Agreement (DRS Technologies Inc), Credit Agreement (DRS Technologies Inc), Credit Agreement (Paravant Inc)

Misrepresentation. Any representation representation, warranty or warranty statement made or deemed to be made by the any Borrower or any of its Subsidiaries Subsidiaries, if applicable, under this Agreement, any Loan Document or any amendment hereto or thereto or in any certificate delivered to the Administrative Agent or to any Lender pursuant hereto and thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 5 contracts

Samples: Credit Agreement (Equifax Inc), Assignment and Assumption (Equifax Inc), Credit Agreement (Equifax Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Borrowers under this Agreement or any of its Subsidiaries under this AgreementLoan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 5 contracts

Samples: Loan and Security Agreement (Ridgeview Inc), Loan and Security Agreement (Phoenix Racing Inc), Loan and Security Agreement (Heafner Tire Group Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 4 contracts

Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Borrowers or any of its their Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 4 contracts

Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

Misrepresentation. Any representation representation, warranty or warranty statement made or deemed to be made by the Borrower or any of its Subsidiaries Subsidiaries, if applicable, under this Agreement, any Loan Document or any amendment hereto or thereto or in any certificate delivered to the Administrative Agent or to any Lender pursuant hereto and thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Equifax Inc), Term Loan Credit Agreement (Equifax Inc), Assignment and Assumption (Equifax Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower under this Agreement or any of its Subsidiaries under this AgreementLoan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 4 contracts

Samples: Loan and Security Agreement (Collins Industries Inc), Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower any Obligor under this Agreement or any of its Subsidiaries under this Agreementother Loan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 4 contracts

Samples: Loan and Security Agreement (Tultex Corp), Safety Components International Inc, Tultex Corp

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, Subsidiary in any Loan Financing Document or in any amendment hereto or thereto, shall at any time prove document delivered thereunder is found to have been incorrect or misleading in any material respect when made or deemed made (other than in respect of representations and warranties that were already conditioned as to materiality, in which case, any such representation and warranty is found to have been incorrect or misleading in any respect when made or deemed made).

Appears in 4 contracts

Samples: Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings), Loan Agreement (Merqueo Holdings)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 3 contracts

Samples: Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Breed Technologies Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 3 contracts

Samples: Credit Agreement (WLR Foods Inc), Term Loan Agreement (WLR Foods Inc), Revolving Credit Agreement (WLR Foods Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the either Co-Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 3 contracts

Samples: Credit Agreement (Scientific Games Holdings Corp), Day Credit Agreement (Scientific Games Holdings Corp), Credit Agreement (Scientific Games Holdings Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries Subsidiary under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 3 contracts

Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 3 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)

Misrepresentation. Any representation or warranty made or deemed to be made by the a Borrower under this Agreement or any of its Subsidiaries under this AgreementLoan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 3 contracts

Samples: Loan and Security Agreement (Winsloew Furniture Inc), Loan and Security Agreement (Russell Corp), Loan and Security Agreement (Winston Furniture Co of Alabama Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by in or in connection with the Borrower execution and delivery of this Agreement or the Loans or under any of its Subsidiaries under this Agreement, any Loan Finance Document or any amendment hereto or thereto, shall at any time prove to have been incorrect false or misleading in any material respect when so made, deemed made or deemed madefurnished.

Appears in 2 contracts

Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co), Agreement (Bristol Myers Squibb Co)

Misrepresentation. Any representation or warranty made or deemed to be ----------------- made by the Borrower Company or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Choice One Communications Inc), Credit Agreement (Choice One Communications Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Borrowers or any of its their respective Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Imagemax Inc), Credit Agreement (Imagemax Inc)

Misrepresentation. Any representation or warranty made by or deemed to be made by on behalf of any Borrower in connection with this Agreement or the Borrower or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, Documents shall at any time prove to have been incorrect false or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Lawson Products Inc/New/De/), Credit Agreement (Lawson Products Inc/New/De/)

Misrepresentation. Any representation or warranty made or deemed to be ----------------- made by the any Borrower or any of its Subsidiaries Subsidiary thereof under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Global Imaging Systems Inc), Credit Agreement (Global Imaging Systems Inc)

Misrepresentation. Any representation or warranty made or deemed to be made in accordance with the terms hereof by the any Borrower or any of its Subsidiaries Subsidiary under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Access Financial Solutions Inc), Working Capital Credit Agreement (JLG Industries Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Restricted Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Lci International Inc /Va/), Day Credit Agreement (Lci International Inc /Va/)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower in this Agreement or any of its Subsidiaries other Loan Document or that is contained in any certificate, document, opinion, or financial or other statement furnished at any time under this Agreement, or in connection with any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect incorrect, incomplete, or misleading in any material respect when on or as of the date made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Us Ecology, Inc.), Revolving Credit Agreement (American Ecology Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Loan Parties or any of its their Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Interconnection Agreement (Knology Holdings Inc /Ga), Credit Agreement (Knology Inc)

Misrepresentation. Any representation representation, warranty or warranty statement made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto or in any certificate delivered to the Administrative Agent or to any Lender pursuant hereto and thereto, shall at any time prove to have been incorrect in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Pittston Co), Credit Agreement (Pittston Co)

Misrepresentation. Any representation or warranty made or deemed ----------------- to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (American Business Information Inc /De), Credit Agreement (American Business Information Inc /De)

Misrepresentation. Any representation or warranty made or deemed to be ----------------- made by Inergy, L.P., the Borrower or any Subsidiary of its Subsidiaries the Borrower under this Agreement, any Loan other Credit Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

Misrepresentation. Any representation or warranty made or deemed to be ----------------- made by the Borrower or any of its Designated Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Cable Michigan Inc), Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Misrepresentation. Any material representation or warranty made or at any time deemed to be made made, by the Borrower or any of its Subsidiaries under this Agreement or the Security Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Security Agreement (Benefitfocus,Inc.), Security Agreement (Benefitfocus,Inc.)

Misrepresentation. Any material representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, contained in any Loan Document or in any amendment hereto certificate or thereto, shall report delivered under this Agreement at any time prove proves to have been incorrect in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Prologis Trust), Credit Agreement (Prologis Trust)

Misrepresentation. Any representation or warranty made or deemed to be made by the either Borrower under this Agreement or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intellicall Inc), Loan and Security Agreement (Ild Telecommunications Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.;

Appears in 2 contracts

Samples: Credit Agreement (Acc Corp), Credit Agreement (Acc Corp)

Misrepresentation. Any representation or warranty made or deemed to be ----------------- made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (Richfood Holdings Inc), Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower under this Agreement or any of its Subsidiaries under this Agreementother Loan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), And Security Agreement (Tropical Sportswear International Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Domestic Borrower or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Credit Agreement (G&k Services Inc), Credit Agreement (G&k Services Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by any of the Borrower under this Agreement or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 2 contracts

Samples: Loan Agreement (Female Health Co), Loan Agreement (Female Health Co)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower any Credit Party or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, Agreement or any Loan Document or by a Foreign Subsidiary under any Foreign Facility Agreement, or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Synthetic Industries Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower under this Agreement or any of its Subsidiaries under this Agreementother Loan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Gni Group Inc /De/)

Misrepresentation. Any representation or warranty made or deemed ----------------- to be made by any of the Borrower under this Agreement or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan Agreement (Female Health Co)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Cable Systems or any of its Designated Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Pledge Agreement (RCN Corp /De/)

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Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries Guarantor under this AgreementAgreement or any Security Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan Agreement (Corrections Corporation of America)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Designated Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Cable Michigan Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Material Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (United Companies Financial Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries other Credit Party under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower under this Agreement or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Denali Inc)

Misrepresentation. Any representation representation, warranty or warranty statement made ----------------- or deemed to be made by the any Borrower or any of its Subsidiaries Subsidiaries, if applicable, under this Agreement, any Loan Document or any amendment hereto or thereto or in any certificate delivered to the Administrative Agent or to any Lender pursuant hereto and thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower any Obligor under this Agreement or any of its Subsidiaries under this AgreementLoan Document, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (American Aircarriers Support Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries the Borrowers under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Med Waste Inc)

Misrepresentation. Any representation or warranty made or ----------------- deemed to be made by the Borrower or Merger Co. under or in connection with this Agreement or any of its Subsidiaries under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan Agreement (Tie Acquisition Co)

Misrepresentation. Any representation or warranty made ----------------- or deemed to be made by the any Borrower or any of its Subsidiaries Subsidiary under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Urban Outfitters Inc)

Misrepresentation. Any material representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries under this Agreement, Subsidiary Guarantor contained in any Loan Document or in any amendment hereto certificate or thereto, shall report delivered under this Agreement at any time prove proves to have been incorrect in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries Guarantor under this Agreement, Agreement or any Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries Guarantor under this Agreement, Agreement or any Loan Document Document, or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

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

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Borrowers or any of its Subsidiaries Subsidiary thereof under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been be incorrect or misleading in any material respect when made or deemed as of the date made.

Appears in 1 contract

Samples: Credit Agreement (Rural Metro of Ohio Inc)

Misrepresentation. Any representation or warranty made or deemed ----------------- to be made by the Borrower or any of its Subsidiaries Guarantor under this Agreement, Agreement or any Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries Consolidated Entities under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Quorum Health Group Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been be incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Kaman Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries Borrowers under this Agreement, any other Loan Document or any amendment hereto or thereto, thereto shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries Subsidiary thereof under this Agreement, any other Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Ikon Office Solutions Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Credit Parties or any of its Subsidiaries their Subsidiaries, if applicable, under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.. (d)

Appears in 1 contract

Samples: Day Credit Agreement (Jones Apparel Group Inc)

Misrepresentation. Any representation or warranty made ----------------- or deemed to be made by the Borrower Wilmar or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Industries Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Borrowers or any of its their Subsidiaries under this Agreement, any Loan Document or any amendment hereto or theretothereto (including representations and warranties that, by operation of this Agreement, are deemed to be re-affirmed upon the occurrence of certain events and conditions), shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Consolidated Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Bulk Terminals Inc)

Misrepresentation. Any The determination by the Lender that any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time made by any Borrower to the Lender in this Agreement or in any certificate or instrument delivered hereunder shall prove to have been incorrect in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan Agreement (Lojack Corp)

Misrepresentation. Any representation or warranty made or deemed to be made by the any Borrower or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Sholodge Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan other Credit Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Insignia Financial Group Inc /De/)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Parent or any of its Subsidiaries Subsidiary under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Credit Agreement (Dollar Express Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower or any of its Subsidiaries under this Agreement, any Loan Document or Security Document, or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Loan and Security Agreement (Cmi Industries Inc)

Misrepresentation. Any representation or warranty made or deemed to be made by the Borrower Company or any of its Subsidiaries under this Agreement, any Loan Document or any amendment hereto or thereto, shall at any time prove to have been incorrect or misleading in any material respect when made or deemed made.

Appears in 1 contract

Samples: Commitment Agreement (Medcath Corp)

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