Common use of True and Complete Disclosure Clause in Contracts

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 7 contracts

Samples: Credit Agreement (Samson Resources Corp), Second Lien Intercreditor Agreement (Samson Resources Corp), Credit Agreement (Samson Resources Corp)

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True and Complete Disclosure. (a) None of the The written factual information and or written factual data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the their respective Subsidiaries or any of their respective authorized representatives in writing to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including all such information contained in the Confidential Information Memorandum (and data contained all information incorporated by reference therein) and in the Credit Documents) for purposes of of, or in connection with with, this Agreement or any transaction contemplated herein contained does not contain any untrue statement of any material fact or omitted and does not omit to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior from time to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 4 contracts

Samples: Incremental Agreement (Grocery Outlet Holding Corp.), Incremental Agreement (Grocery Outlet Holding Corp.), First Lien Credit Agreement (Grocery Outlet Holding Corp.)

True and Complete Disclosure. (a) None of the written factual information and or written factual data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the their respective Subsidiaries or any of their respective authorized representatives in writing to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including all such information contained in the Confidential Information Memorandum (and data contained all information incorporated by reference therein) and in the Credit Documents) for purposes of of, or in connection with with, this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior from time to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 3 contracts

Samples: Credit Agreement (Snap One Holdings Corp.), Incremental Agreement (Snap One Holdings Corp.), Credit Agreement (Snap One Holdings Corp.)

True and Complete Disclosure. (a) None of the written factual information and or written factual data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the its respective Subsidiaries or any of their respective authorized representatives in writing to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including all such information contained in the Confidential Information Memorandum (and data contained all information incorporated by reference therein) and in the Credit Documents) for purposes of of, or in connection with with, this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior from time to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 3 contracts

Samples: Junior Priority Intercreditor Agreement (MultiPlan Corp), Incremental Agreement (MultiPlan Corp), Amendment Agreement (MultiPlan Corp)

True and Complete Disclosure. (a) None of the written factual information and or written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrowerany Credit Party, and any of the their respective Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including (i) the Confidential Information Memorandum (including all such information incorporated by reference therein) and data (ii) all information contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a)8.8, such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 2 contracts

Samples: Credit Agreement (GCM Grosvenor Inc.), Credit Agreement (GCM Grosvenor Inc.)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Joint Lead Arranger, any Joint the Bookrunner and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 2 contracts

Samples: Credit Agreement (Range Resources Corp), Credit Agreement (Range Resources Corp)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Joint Lead ArrangerArranger and Bookrunner, any Joint Bookrunner and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 2 contracts

Samples: Security Agreement (KKR Financial Holdings LLC), Credit Agreement (KKR Financial Holdings LLC)

True and Complete Disclosure. (a) None of the written factual information and or written factual data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the their respective Subsidiaries or any of their respective authorized representatives in writing to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including all such information contained in the Confidential Information Memorandum (and data contained all information incorporated by reference therein) and in the Credit Documents) for purposes of of, or in connection with with, this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior from time to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-forward- looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 2 contracts

Samples: Incremental Agreement (Snap One Holdings Corp.), Junior Priority Intercreditor Agreement (Snap One Holdings Corp.)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries Subsidiary or any of their respective authorized representatives to the Administrative AgentTerm Agent on or before the Initial Closing Date, any Lead Arranger, any Joint Bookrunner or to the Term Agent and/or any Lender the Lenders of a Class on or before the Closing Date of such Class (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to before such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a7.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Term Loan Agreement (Chesapeake Energy Corp)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative AgentTerm Agent on or before the Initial Closing Date, any Lead Arranger, any Joint Bookrunner or to the Term Agent and/or any Lender the Lenders of a Class on or before the Closing Date of such Class (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a7.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Collateral Trust Agreement (Chesapeake Energy Corp)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Joint Lead ArrangerArranger and Bookrunner, any Joint Bookrunner and/or any Lender on or before the Closing Date (including all such written information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; furnished (after giving effect to all supplements and updates), it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) or other forward-looking information and information of a general economic or general industry nature.. 139

Appears in 1 contract

Samples: Credit Agreement (RBC Bearings INC)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Restricted Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any the Joint Lead ArrangerArrangers, any the Joint Bookrunner Bookrunners and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Credit Agreement (Denbury Inc)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or any Lender on or before the Closing ClosingAmendment No. 1 Effective Date (including all such information and data contained in the Credit Loan Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Credit Agreement (Samson Resources Corp)

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True and Complete Disclosure. (a) None of the written factual information and or written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrowerany Credit Party, and any of the their respective Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including (i) the Confidential Information Memorandum (including all such information incorporated by reference therein) and data (ii) all information contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a)8.8, such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.. 8.9

Appears in 1 contract

Samples: Credit Agreement (GCM Grosvenor Inc.)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Restricted Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Joint Lead Arranger, any 77 Joint Bookrunner and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Credit Agreement (Denbury Resources Inc)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Loan Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Credit Agreement (Samson Holdings, Inc.)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Joint Lead Arranger, any Joint Bookrunner and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Credit Agreement (Concho Resources Inc)

True and Complete Disclosure. (a) None of the written factual information and or written factual data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the its respective Subsidiaries or any of their respective authorized representatives in writing to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including all such information contained in the Confidential Information Memorandum (and data contained all information incorporated by reference therein) and in the Credit Documents) for purposes of of, or in connection with with, this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior from time to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(aβ€Ž8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 1 contract

Samples: Credit Agreement (MultiPlan Corp)

True and Complete Disclosure. (a) None As of the Closing Date, none of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrowerany Credit Party, any of the other Restricted Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Joint Lead Arranger, any Joint Bookrunner Arranger and/or any Lender on or before the Closing Date (including all such written information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein herein, contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; furnished (after giving effect to all supplements and updates), it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or projections, estimates (including financial estimates, forecasts forecasts, and other forward-looking information) or other forward looking information and information of a general economic or general industry naturenature (including all third party memos or reports).

Appears in 1 contract

Samples: Credit Agreement (Mirion Technologies, Inc.)

True and Complete Disclosure. (a) None of the written factual information and written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of the Borrower, any of the Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any the Joint Lead ArrangerArrangers, any the Joint Bookrunner Bookrunners and/or any Lender on or before the Closing Date (including all such information and data contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a), such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and information of a general economic or general industry nature.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (Denbury Resources Inc)

True and Complete Disclosure. (a) 1. . None of the written factual information and or written data (taken as a whole) heretofore or contemporaneously furnished by or on behalf of Holdings, the Borrower, any of the their respective Subsidiaries or any of their respective authorized representatives to the Administrative Agent, any Lead Arranger, any Joint Bookrunner and/or Agent or any Lender on or before the Closing Date (including (i) the Confidential Information Memorandum (including all such information incorporated by reference therein) and data (ii) all information contained in the Credit Documents) for purposes of or in connection with this Agreement or any transaction contemplated herein contained any untrue statement of any material fact or omitted to state any material fact necessary to make such information and data (taken as a whole) not materially misleading at such time (after giving effect to all supplements so furnished prior to such time) in light of the circumstances under which such information or data was furnished; it being understood and agreed that for purposes of this Section 8.8(a)8.8, such factual information and data shall not include pro forma financial information, projections or estimates (including financial estimates, forecasts and other forward-looking information) and ), pro forma financial information or information of a general economic or general industry specific nature.

Appears in 1 contract

Samples: Extension and Incremental Assumption Agreement (LPL Financial Holdings Inc.)

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