Common use of Disclosure; No Material Misstatements Clause in Contracts

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

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

Disclosure; No Material Misstatements. The Borrower has disclosed to the Administrative Agent and the Lenders all agreementsNeither (a) any written information, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reportsreport, financial statementsstatement, certificates certificate, Borrowing Request, request for a Letter of Credit, exhibit or other information schedule furnished by or on behalf of the Borrower or any Subsidiary Obligor to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement or any other Loan Document or included therein or delivered hereunder pursuant thereto, taken as a whole, (b) the Confidential Information Memorandum dated November 2010, nor (c) any statements or under conclusions in any other Loan Document (as modified Reserve Report, contained or supplemented by other information so furnished) contains any material misstatement of fact or, when taken as a whole, or omitted or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were or are made, not misleadingmisleading as of the date such information is dated or certified; provided that, with respect that (i) to projected financial the extent any such information, other forward-looking information and information of report, financial statement, exhibit or schedule was based upon or constitutes a general economic forecast or general industry natureprojection, the Borrower represents only that such information was prepared it acted in good faith based upon and utilized reasonable assumptions believed and due care in the preparation of such forecast or projection (it being recognized by the Borrower Lenders, however, that projections as to be reasonable at the time such projected financial information was made available, it being understood that such projected financial information is future events are not to be viewed as facts and that results during the actual period(s) covered by such projections may differ from the projected results and that such differences may vary materially from be material and that the Borrower makes no representation that such projected financial informationprojections will be realized) and (ii) as to statements, information and reports supplied by third parties after the Effective Date, the Borrower represents only that it is not aware of any material misstatement or omission therein.

Disclosure; No Material Misstatements. The Borrower has disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the information, reports, financial statements, certificates exhibits or other information schedules, taken as a whole, furnished by or on behalf of the Borrower or any Subsidiary of its Subsidiaries to the Administrative Agent or any Lender or any of their Affiliates in connection with the negotiation of this Agreement the Credit Documents or any other Loan Document included therein or delivered hereunder pursuant thereto contained, contains or under any other Loan Document (as modified or supplemented by other information so furnished) contains will contain any material misstatement of fact or, when taken as a wholeor omitted, omits or will omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were were, are or will be made, not materially misleading; , provided that, with respect that to projected financial the extent any such information, other forward-looking information and information report, financial statement, exhibit or schedule was based upon or constitutes a forecast or projection, each of a general economic or general industry nature, the Borrower Credit Parties represents only that such information was prepared it acted in good faith based upon and utilized reasonable assumptions believed by and due care in the Borrower to be reasonable at the time preparation of such projected information, report, financial information was made availablestatement, exhibit or schedule, it being understood that such projected financial information is not forecasts and projections are subject to significant uncertainties and contingencies, many of which are beyond the Credit Parties’ control, and no assurance can be viewed as given that any forecasts or projections will be realized. There are no facts known to Borrower (other than matters of a general economic nature) that, individually or in the aggregate, would reasonably be expected to result in a Material Adverse Effect and that have not been disclosed herein or in such other documents, certificates and statements furnished to Lenders for use in connection with the actual results may vary materially from such projected financial informationtransactions contemplated hereby.

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

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