Absence of Fraud. In the origination (or acquisition, if the Mortgage Loan was not originated by the Seller or any of its Affiliates) and servicing of the Mortgage Loan, neither Seller nor, to Seller’s knowledge, any prior holder of the Mortgage Loan, if applicable, participated in any fraud or intentional material misrepresentation with respect to the Mortgage Loan.
Absence of Fraud. In the origination (or acquisition if the Participation Interest was not originated by the Seller or any of its affiliates) and servicing of the Participation Interest, the Seller did not participate in any fraud or intentional material misrepresentation with respect to the Participation Interest. No borrower, underlying obligor or guarantor originated the Participation Interest.
Absence of Fraud. In the origination (or acquisition, if the Mezzanine Loan Interest was not originated by the Seller or any of its Affiliates) and servicing of the Mezzanine Loan Interest, neither Seller nor, to Seller’s knowledge, any prior holder of the Mezzanine Loan Interest participated in any fraud or intentional material misrepresentation with respect to the Mezzanine Loan Interest. To Seller’s knowledge, no underlying obligor or guarantor originated the Mezzanine Loan Interest.
Absence of Fraud. In the origination and servicing of the B Note, neither Seller nor, to Seller's knowledge, any prior holder of the B Note participated in any fraud or intentional material misrepresentation with respect to the B Note. To Seller's knowledge, no Underlying Obligor or guarantor originated a B Note.
Absence of Fraud. The Company shall not have committed fraud against the Investor in connection with this Agreement or the transactions contemplated hereby (and as used in this Section 7.2(a)(4), “fraud” shall have the meaning set forth in Section 6.4(b), provided that if such “fraud” is in the form of an intentional or knowing breach by the Company of any of its covenants, representations or warranties in this Agreement pursuant to such definition, such breach shall only constitute “fraud” for purposes of this Section 7.2(a)(4) if it has created or resulted in a Material Adverse Effect).
Absence of Fraud. Core has not committed fraud in relation to the filing of either of the Core ANDAs or used unfair methods of competition in connection with any such filings, including without limitation in connection with any data supplied by Core to the FDA. The Parties acknowledge and agree that a breach of this representation is not subject to cure and King shall have an immediate right to terminate this Agreement in the event that (i) the FDA or any other regulatory authority (x) files an enforcement action in U.S. District Court, (y) files an administrative complaint in an enforcement action before any regulatory authority including without limitation any request to withdraw or suspend any Core ANDA, or (z) issues a letter imposing the FDA’s Application Integrity Policy or any provision of the Act relating to fraud, bribery or deceit that alleges that Core has committed such fraud or unfair method of competition or (ii) a court of competent jurisdiction in an action brought by any person alleging that Core has committed such fraud or unfair method of competition shall have issued an order, decree or ruling granting judgment against Core or denying any motion to dismiss by Core or other finding that Core has committed such fraud or unfair method of competition. The Parties agree that the filing by Core of a certification under 21 USC § 355(j)(2)(A)(vii)(III), pursuant to and in accordance with Section 2.5 hereof, shall not, in and of itself, constitute a breach of any representation or warranty delivered by Core hereunder or by Core to King pursuant to any agreement between the Parties in effect on the Effective Date hereof.
Absence of Fraud. The absence of any fraud or misrepresentation on the part of all parties to the Subject Documents;
Absence of Fraud. There was no error, omission, misrepresentation, fraud or similar occurrence with respect to the Mortgage Loan on the part of any person, including, without limitation, the Borrower, any appraiser, builder or developer, or any party involved in the origination of the Mortgage Loan or in the application of any insurance in relation to the Mortgage Loan.
Absence of Fraud. ETG shall not have discovered any omissions or misstatements in the Schedules attached hereto or any fraud or circumstances which have not been disclosed that would or would be reasonably likely to give rise to an indemnification event hereunder or have a Material Adverse Effect on the Company or Parent.
Absence of Fraud. No fraud has been committed by any Seller or to the Knowledge of Sellers by any officers, directors, managers, equityholders, employees or independent contractors of any Seller, in each case in connection with the Business.
