Common use of Misrepresentations Clause in Contracts

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or

Appears in 64 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Smart Move, Inc.), Loan and Security Agreement (Threshold Pharmaceuticals Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or;

Appears in 33 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Bluearc Corp), Loan and Security Agreement (Versant Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 27 contracts

Sources: Loan and Security Agreement (Hearme), Loan and Security Agreement (Hearme), Loan and Security Agreement (Advanced Analogic Technologies Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Lender or to induce Bank Lender hereunder to enter this Agreement or any Loan Document; or

Appears in 4 contracts

Sources: Term Loan and Security Agreement (Hamilton Lane INC), Revolving Loan and Security Agreement (Hamilton Lane INC), Multi Draw Term Loan and Security Agreement (Hamilton Lane INC)

Misrepresentations. If Borrower or any Person acting for Borrower makes any ------------------ material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or

Appears in 3 contracts

Sources: Loan Agreement (Aml Communications Inc), Loan Agreement (Lantronix Inc), Loan and Security Agreement (Lantronix Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or

Appears in 3 contracts

Sources: Loan and Security Agreement (Jamdat Mobile Inc), Loan and Security Agreement (Xenogen Corp), Loan and Security Agreement (Valueclick Inc/Ca)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 3 contracts

Sources: Loan and Security Agreement (Esperion Therapeutics Inc/Mi), Loan and Security Agreement (Stereotaxis, Inc.), Loan and Security Agreement (Esperion Therapeutics Inc/Mi)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 2 contracts

Sources: Loan and Security Agreement (Critical Therapeutics Inc), Loan and Security Agreement (Critical Therapeutics Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document; or.

Appears in 2 contracts

Sources: Loan and Security Agreement (TorreyPines Therapeutics, Inc.), Loan and Security Agreement (SGX Pharmaceuticals, Inc.)

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 2 contracts

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

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement Agreement, any Loan Document, or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 2 contracts

Sources: Loan and Security Agreement (Kanbay International Inc), Loan and Security Agreement (Kanbay International Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement at the time made now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 2 contracts

Sources: Loan and Security Agreement (Stratex Networks Inc), Loan and Security Agreement (Stratex Networks Inc)

Misrepresentations. If Borrower or any Person acting for Borrower ------------------ makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 2 contracts

Sources: Loan and Security Agreement (LTX Corp), Loan and Security Agreement (Phase2media Inc)

Misrepresentations. If any Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or

Appears in 1 contract

Sources: Loan and Security Agreement (Animas Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any other Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Invision Technologies Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Redback Networks Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now as of the date made or later deemed made in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or

Appears in 1 contract

Sources: Loan and Security Agreement (Cell Genesys Inc)

Misrepresentations. If Borrower or any Person acting for Borrower Borrower, makes any material misrepresentation or material misstatement misstatement, in light of the circumstances in which it was made, now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Critical Path Inc)

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement of any material fact at the time made now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or Lender to induce Bank Lender to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Planetout Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any and Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Archemix Corp.)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; orAgreement.

Appears in 1 contract

Sources: Loan and Security Agreement (Motive Inc)

Misrepresentations. If either Borrower or any Person acting for either Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Ecollege Com)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in representation. In this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Opus360 Corp)

Misrepresentations. If Borrower Borrower, any of its Material Subsidiaries, or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank Lender or to induce Bank Lender to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Breakaway Solutions Inc)

Misrepresentations. If Borrower Borrower, any of its Material Subsidiaries, or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement, the Purchase Agreement or in any writing communication delivered to Bank Lender or to induce Bank Lender to enter this Agreement or Agreement, any Loan Document; orDocument or the Purchase Agreement.

Appears in 1 contract

Sources: Loan and Security Agreement (Breakaway Solutions Inc)

Misrepresentations. If Borrower Borrower, or any Person acting for Borrower Borrower, makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or in order to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Exelixis Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter into this Agreement or any Loan Document; or

Appears in 1 contract

Sources: Loan and Security Agreement (Ultimate Software Group Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank any Lender or to induce Bank any Lender to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Onyx Software Corp/Wa)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Agent or Lenders or to induce Bank Agent or Lenders to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Hansen Medical Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or;

Appears in 1 contract

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

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Credit Document; or.

Appears in 1 contract

Sources: Letter of Credit Reimbursement Agreement (Finisar Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any ------------------ material misrepresentation or material omission or misstatement now or later in any warranty or representation in this Agreement or in any writing nay communication delivered to Bank Agent or to induce Bank Agent to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Exodus Communications Inc)

Misrepresentations. If any Borrower or any Person acting for any Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Agent or Lenders or to induce Bank Agent and Lenders to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Equinix Inc)

Misrepresentations. If Borrower or any Person Responsible Officer acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Packeteer Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to either Bank or to induce either Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan Agreement (Advanced Energy Industries Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Exim Agreement or in any writing delivered to Bank or to induce Bank to enter this Exim Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Daleen Technologies Inc)

Misrepresentations. If a Borrower or any Person acting for a Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank Agent or to Lenders or to induce Bank Lenders to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Perficient Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing communication delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or;

Appears in 1 contract

Sources: Loan and Security Agreement (Sunrise Technologies International Inc)

Misrepresentations. If Borrower or any Person which the Bank reasonably believes is acting for Borrower makes any material misrepresentation or material misstatement now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Open Solutions Inc)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement now or later as of the date made in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Pharsight Corp)

Misrepresentations. If Borrower or any Person acting for Borrower makes any material misrepresentation or material misstatement when made now or later in any warranty or representation in this Agreement or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document; or.

Appears in 1 contract

Sources: Loan and Security Agreement (Commerce One Inc / De/)