Common use of Misrepresentations Clause in Contracts

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 320 contracts

Sources: Loan and Security Agreement (Carlsmed, Inc.), Loan and Security Agreement (Latch, Inc.), Loan and Security Agreement (Max International Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 54 contracts

Sources: Loan and Security Agreement (Star Mountain Lower Middle-Market Capital Corp), Loan and Security Agreement (Interpace Biosciences, Inc.), Loan and Security Agreement (Backblaze, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 42 contracts

Sources: Annual Report, Annual Report, Senior Subordinated Loan and Security Agreement (Objectspace Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 13 contracts

Sources: Loan and Security Agreement (Jetfax Inc), Loan Agreement (Ultradata Corp), Loan and Security Agreement (Jetfax Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 12 contracts

Sources: Loan Agreement (Ault Alliance, Inc.), Subordinated Term Loan and Security Agreement (Sonim Technologies Inc), Loan and Security Agreement (Roka BioScience, Inc.)

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 11 contracts

Sources: Loan and Security Agreement (Quicklogic Corporation), Loan and Security Agreement (Logicvision Inc), Loan and Security Agreement (Curon Medical Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.;

Appears in 9 contracts

Sources: Loan and Security Agreement (Audioeye Inc), Loan and Security Agreement (Applied Optoelectronics, Inc.), Loan and Security Agreement (Applied Optoelectronics, Inc.)

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 8 contracts

Sources: Loan and Security Agreement (Audible Inc), Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Natural Microsystems Corp)

Misrepresentations. If any material Any misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 8 contracts

Sources: Loan and Security Agreement (Unilens Vision Inc), Loan and Security Agreement (Salix Pharmaceuticals LTD), Loan and Security Agreement (Adam Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 7 contracts

Sources: Loan and Security Agreement (Turnstone Biologics Corp.), Loan and Security Agreement (Turnstone Biologics Corp.), Loan and Security Agreement (Aurion Biotech, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent or any Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Agent or any Lender to enter into this Agreement or any other Loan Document.

Appears in 6 contracts

Sources: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank as of the date such representation or warranty was made by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 6 contracts

Sources: Loan and Security Agreement (Sonic Solutions/Ca/), Third Party Security Agreement (Sonic Solutions/Ca/), Loan and Security Agreement (Pharmchem Inc)

Misrepresentations. If any material Any misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to any Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce any Bank to enter into this Agreement or any other Loan Document.

Appears in 5 contracts

Sources: Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc), Loan and Security Agreement (Portfolio Recovery Associates Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document; or.

Appears in 5 contracts

Sources: Loan Agreement (Spectrum Global Solutions, Inc.), Loan and Security Agreement (MR2 Group, Inc.), Loan Agreement (MR2 Group, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank any Lender by any Responsible Officer pursuant to this Agreement or to induce Bank any Lender to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Sources: Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.), Loan and Security Agreement (Enphase Energy, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter when made or when deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Sources: Loan Agreement (Rocket Fuel Inc.), Loan Agreement (Rocket Fuel Inc.), Loan Agreement (Rocket Fuel Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 4 contracts

Sources: Senior Subordinated Loan and Security Agreement (Ross Technology Inc), Loan and Security Agreement (Objectspace Inc), Loan and Security Agreement (Safeguard Health Enterprises Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument when made or deemed made.

Appears in 4 contracts

Sources: Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Allena Pharmaceuticals, Inc.), Loan and Security Agreement (Unum Therapeutics, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists when made or deemed made now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 4 contracts

Sources: Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.), Loan and Security Agreement (Upland Software, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender, including any Borrowing Notice, by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Sources: Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc), Loan and Security Agreement (Netratings Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter when made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 4 contracts

Sources: Loan Agreement, Loan and Security Agreement (Heat Biologics, Inc.), Loan and Security Agreement (GCT Semiconductor Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists when made now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Sources: Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.), Loan and Security Agreement (908 Devices Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Sources: Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.), Loan and Security Agreement (Taiwan Liposome Company, Ltd.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Documentthe Guaranty.

Appears in 3 contracts

Sources: Security Agreement (Aquinox Pharmaceuticals, Inc), Security Agreement (Aquinox Pharmaceuticals (Usa) Inc), Security Agreement (Solta Medical Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Administrative Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Administrative Agent to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Sources: Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Tabula Rasa HealthCare, Inc.), Loan and Security Agreement (Trupanion Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Sources: Loan and Security Agreement (Visual Networks Inc), Loan and Security Agreement (Ribogene Inc / Ca/), Loan and Security Agreement (Hybrid Networks Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document. 9.

Appears in 3 contracts

Sources: Loan Agreement (Scientific Learning Corp), Loan and Security Agreement (Consilium Inc), Loan and Security Agreement (Jetfax Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter exists in any representation or warranty or representation set forth herein in this Agreement or in any certificate delivered or Advance Request submitted to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentLender in connection with the Loan.

Appears in 3 contracts

Sources: Loan Agreement (Corporate Property Associates 18 Global Inc), Loan Agreement (Carey Watermark Investors Inc), Loan Agreement (Carey Watermark Investors 2 Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any other Loan Document or certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Sources: Loan and Security Agreement (Silvaco Group, Inc.), Loan and Security Agreement (Journey Medical Corp), Loan and Security Agreement (Journey Medical Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists exists, when made or deemed made, now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 3 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Everbridge, Inc.), Loan and Security Agreement (Everbridge, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.;

Appears in 3 contracts

Sources: Loan and Security Agreement (Enservco Corp), Loan and Security Agreement (Rocky Mountain Chocolate Factory Inc), Loan and Security Agreement (U-Swirl, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Revolving Credit and Term Loan & Security Agreement (Motorvac Technologies Inc), Loan Agreement (Stanford Microdevices Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report or certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Maze Therapeutics, Inc.), Loan and Security Agreement (Maze Therapeutics, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which could reasonably be expected to have a Material Adverse Effect; or

Appears in 2 contracts

Sources: Loan and Security Agreement (Convio, Inc.), Loan and Security Agreement (Convio, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter as of the date made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Enumeral Biomedical Holdings, Inc.), Loan Agreement (Enumeral Biomedical Holdings, Inc.)

Misrepresentations. If any material misrepresentation or material ------------------ misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or when made hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (Cas Medical Systems Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Manhattan Associates Inc), Loan and Security Agreement (Matrixone Inc)

Misrepresentations. If any a material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Vans Inc), Loan and Security Agreement (Vans Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument as of the date such representation or warranty was made or deemed made.

Appears in 2 contracts

Sources: Loan and Security Agreement (CS Disco, Inc.), Loan and Security Agreement (CS Disco, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Subsidiary or any Person acting on Borrower's or any Subsidiaries' behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Hie Inc), Loan and Security Agreement (Hie Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Imageware Systems Inc), Loan and Security Agreement (Imageware Systems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Proteinsimple), Loan Agreement (Reliant Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now as of the date made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Auspex Pharmaceuticals, Inc.), Loan and Security Agreement (Auspex Pharmaceuticals, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to to. Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Maker Communications Inc), Loan and Security Agreement (Maker Communications Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter (as of the date when made or deemed made) in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or or, to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (General Magic Inc), Loan and Security Agreement (General Magic Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Nutanix, Inc.), Loan and Security Agreement (Nutanix, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Cue Health Inc.), Loan and Security Agreement (Cue Health Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.related documents or agreement; or

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Entrade Inc)

Misrepresentations. If any Any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein herein, in any other Loan Document or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document, or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Verilink Corp), Loan and Security Agreement (API Technologies Corp.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement and the Original Credit Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.; or

Appears in 2 contracts

Sources: Credit Agreement (Trupanion Inc.), Credit Agreement (Trupanion Inc.)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Iprint Technologies Inc), Loan and Security Agreement (Iprint Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer Borrower or EESV pursuant to this Loan Agreement or to induce Bank Lender to enter into this Loan Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Term Loan and Security Agreement (Blaze Energy Corp.), Term Loan and Security Agreement (Environmental Energy Services Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein in (a) any Loan Document or in the Merger Agreement or (b) any document or certificate delivered to Bank by any Responsible Officer Lender (i) pursuant to this any Loan Document or the Merger Agreement or (ii) to induce Bank Lender to enter into this Agreement any Loan Document or any other Loan Documentthe Merger Agreement.

Appears in 2 contracts

Sources: Loan and Security Agreement (Starbase Corp), Loan and Security Agreement (Borland Software Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed in any warranty or representation representation, when made, set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Silk Road Medical Inc), Loan and Security Agreement (Silk Road Medical Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; and

Appears in 2 contracts

Sources: Loan and Security Agreement (Maxwell Technologies Inc), Loan and Security Agreement (Maxwell Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now when made or hereafter deemed made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Align Technology Inc), Loan and Security Agreement (Align Technology Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower’s behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Focus Enhancements Inc), Loan and Security Agreement (Anda Networks Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Agent to enter into this Agreement or any other Loan Document.

Appears in 2 contracts

Sources: Loan and Security Agreement (Nextg Networks Inc), Loan and Security Agreement (Aviza Technology, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or as of any date made or deemed made or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Sources: Loan and Security Agreement (Invision Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed at the time such representation and warrant was made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Women Com Networks Inc)

Misrepresentations. If any material misrepresentation or material misstatement when made or deemed made exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Cue Health Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document, whether such warranty or representation is given now or hereafter.

Appears in 1 contract

Sources: Loan and Security Agreement (Silicon Image Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Citadel Security Software Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time made in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Allaire Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or other writing delivered to Bank by Borrower or any Person acting for Borrower (including any Responsible Officer pursuant to Officer) in connection with this Agreement or any other Loan Document or to induce Bank to enter into this Agreement or any other Loan Document.; or 8.11

Appears in 1 contract

Sources: Loan and Security Agreement

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer Borrower or any Person acting on such Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (SQL Financials International Inc /De)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any report or certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Sources: Loan and Security Agreement (Xilio Therapeutics, Inc.)

Misrepresentations. If If, as of the date made or deemed made, any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Verenium Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time made in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (GSV Capital Corp.)

Misrepresentations. If any material misrepresentation ------------------ or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Creditor by any Responsible Officer pursuant to this Agreement or to induce Bank Creditor to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Iprint Technologies Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument determined as of the time such representation or warranty was made.

Appears in 1 contract

Sources: Loan and Security Agreement (Virata Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.any

Appears in 1 contract

Sources: Loan and Security Agreement (Laserscope)

Misrepresentations. If any Any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Integrated Security Systems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter at the time furnished to the Bank in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Sources: Loan Agreement (Lime Energy Co.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or other writing delivered to Bank by Borrower or any Person acting for Borrower (including any Responsible Officer pursuant to Officer) in connection with this Agreement or any other Loan Document or to induce Bank to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Sources: Loan and Security Agreement (Carbonite Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in on the date hereof with respect to any warranty or representation set forth herein or in on the delivery date of any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Newgistics, Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists when made now or hereafter in any warranty or representation set forth herein or in any report, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Adicet Bio, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter existed in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentDocument at the time such representation or warranty was made or such certificate was delivered.

Appears in 1 contract

Sources: Loan and Security Agreement (Alteon Websystems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or any other Loan Document or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (CNL Strategic Capital, LLC)

Misrepresentations. If any material written misrepresentation or material written misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document. 9.

Appears in 1 contract

Sources: Loan and Security Agreement (Arthrocare Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Borrower pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Egain Communications Corp)

Misrepresentations. If any material misrepresentation misrepresentation, misstatement or material misstatement omission exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lender by any Responsible Officer pursuant to this Agreement or to induce Bank Lender to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Crossroads Systems Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document; or *** Confidential treatment requested and the redacted material has been separately filed with the Commission.

Appears in 1 contract

Sources: Loan and Security Agreement (Vertro, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation (in each case, when made) set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (NewAge, Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any representation or warranty or representation set forth herein or in any certificate delivered submitted to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan DocumentLender in connection with the Loan.

Appears in 1 contract

Sources: Credit Agreement (CIM Real Assets & Credit Fund)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or the other Loan Documents, or to induce Bank to enter into this Agreement or any other Loan DocumentDocument as of the date such representation or statement was made.

Appears in 1 contract

Sources: Loan and Security Agreement (Roche Robert W.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation representation, when made, set forth herein or in any Loan Document, certificate or other writing delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; 8.9

Appears in 1 contract

Sources: Loan and Security Agreement (BlackSky Technology Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank any Agent or Lender by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement or to induce Bank any Agent or Lender to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Sources: Loan and Security Agreement (Integrated Packaging Assembly Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Representative pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.Document which is reasonably likely to result in a Material Adverse Effect; or

Appears in 1 contract

Sources: Loan and Security Agreement (Wj Communications Inc)

Misrepresentations. If any Any material misrepresentation or material misstatement that exists now or comes into being hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Secured Short Term Loan Agreement

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Verity Inc \De\)

Misrepresentations. If any material misrepresentation or material misstatement exists exists, when made or deemed made, now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.;

Appears in 1 contract

Sources: Loan and Security Agreement (Intelepeer Inc)

Misrepresentations. If any material misrepresentation or ------------------ material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank any Lender by Borrower or any Responsible Officer Person acting on Borrower's behalf pursuant to this Agreement agreement or to induce Bank lender to enter into this Agreement agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Snowball Com Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Administrative Agent by any Responsible Officer pursuant to this Agreement or to induce Bank Administrative Agent or Lender to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Master Credit Agreement (Domark International Inc.)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer Debtor pursuant to this Agreement or the Guaranty or to induce Bank to enter into this Agreement or any other Loan Documentthe Guaranty.

Appears in 1 contract

Sources: Security Agreement (Netlist Inc)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate or writing delivered to Bank by any Responsible Officer Borrower or any Person acting on any Borrower's behalf pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Simione Central Holdings Inc)

Misrepresentations. If If, as of the date made or deemed made, any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank by any Responsible Officer pursuant to this Agreement or to induce Bank to enter into this Agreement or any other Loan Document.; and

Appears in 1 contract

Sources: Loan and Security Agreement (Verenium Corp)

Misrepresentations. If any material misrepresentation or material misstatement exists now or hereafter in any warranty or representation set forth herein or in any certificate delivered to Bank Administrative Agent or Lenders by any Responsible Officer pursuant to this Agreement or to induce Bank Lenders to enter into this Agreement or any other Loan Document.; or

Appears in 1 contract

Sources: Loan and Security Agreement (Five9, Inc.)