Common use of Breach of Covenant, Representation or Warranty Clause in Contracts

Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five (5) business days, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement, shall prove to have been false or misleading in any material respect when made.

Appears in 2 contracts

Samples: Loan Agreement (Franklin Wireless Corp), Term Credit Agreement (Pro Elite Inc)

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Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five (5) business daysBusiness Days, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement, Agreement shall prove to have been false or misleading in any material respect when made.

Appears in 1 contract

Samples: Term Credit Agreement (Worldwater Corp)

Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five ten (510) business daysBusiness Days after receipt of written notice thereof from Lender, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement, shall prove to have been Agreement that was false or misleading in any material respect when made.

Appears in 1 contract

Samples: Term Credit Agreement (Stonepath Group Inc)

Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five (5) business daysBusiness Days, or any representation or warranty made or deemed made by any of them it under or in connection with this Agreement, Agreement shall prove to have been false or misleading in any material respect when made.

Appears in 1 contract

Samples: Term Credit Agreement (Idi Global Inc)

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Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement or the Security Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five thirty (530) business daysBusiness Days, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement or the Security Agreement, shall prove to have been false or misleading in any material respect when made.

Appears in 1 contract

Samples: Credit Agreement (GPS Industries, Inc.)

Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five (5) business daysdays after receipt by Borrower of written notice of such failure, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement, shall prove to have been false or misleading in any material respect when made.

Appears in 1 contract

Samples: Term Credit Agreement (Lucys Cafe Inc)

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