Breach of Representation or Warranty or Failure to Perform Covenants by Xxxxxxxx Sample Clauses

Breach of Representation or Warranty or Failure to Perform Covenants by Xxxxxxxx. A breach of any representation or warranty or failure to perform any covenant or agreement on the part of Xxxxxxxx under this Agreement occurs that would cause any condition in Section 6.2(a) [Xxxxxxxx Representations and
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Breach of Representation or Warranty or Failure to Perform Covenants by Xxxxxxxx. A breach of any representation or warranty or failure to perform any covenant or agreement on the part of Xxxxxxxx under this Agreement occurs that would cause any condition in Section 6.2(a) [Xxxxxxxx Representations and Warranties Condition] or Section 6.2(b) [Xxxxxxxx Covenants Condition] not to be satisfied, and such breach or failure is incapable of being cured, or is not cured in accordance with Section 4.10, on or prior to the Outside Date; provided that Agnico is not then in breach of this Agreement so as to cause any condition in Sections 6.1 [Mutual Condition], 6.3(a) [Agnico Representations and Warranties Condition] or 6.3(b) [Agnico Covenants Condition] not to be satisfied;
Sample 1

Related to Breach of Representation or Warranty or Failure to Perform Covenants by Xxxxxxxx

  • Breach of Representation, Warranty or Covenant Within 90 days of the earlier of discovery by the Depositor or receipt of notice by the Depositor of a breach of any representation or warranty of the Depositor set forth in Section 2.03 that materially and adversely affects the interests of the Certificateholders of a given Series, the Depositor shall cure such breach in all material respects.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • Breach of Representations or Warranties Any representation or warranty made by the Borrower to the Lenders or the Administrative Agent under this Agreement, or any certificate or information delivered in connection with this Agreement, shall be false in any material respect when made or deemed made.

  • Breach of Representation Any representation or warranty made or deemed made by any Borrower or any Guarantor in this Agreement, any Other Document or any related agreement or in any certificate, document or financial or other statement furnished at any time in connection herewith or therewith shall prove to have been misleading in any material respect on the date when made or deemed to have been made;

  • Breach of Representations, Etc Any representation, warranty, certification or other statement made or deemed made by any Credit Party in any Credit Document or in any statement or certificate at any time given by any Credit Party or any of its Subsidiaries in writing pursuant hereto or thereto or in connection herewith or therewith shall be false in any material respect as of the date made or deemed made; or

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • No Misrepresentation or Breach of Covenants and Warranties There shall have been no material breach by Buyer in the performance of any of its covenants and agreements herein; each of the representations and warranties of Buyer contained or referred to in this Agreement shall be true and correct on the Closing Date as though made on the Closing Date, except for changes therein specifically permitted by this Agreement or resulting from any transaction expressly consented to in writing by Seller or any transaction contemplated by this Agreement; and there shall have been delivered to Seller a certificate to such effect, dated the Closing Date and signed on behalf of Buyer by an authorized officer of Buyer.

  • Breach of Covenants If the Company breaches any of the covenants set forth in this Section 4, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an event of default under Section 3.4 of the Note.

  • Breach of Representations and Warranties Any material representation or warranty of the Borrower made herein, in the Subscription Agreement, or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith shall be false or misleading in any material respect as of the date made and the Closing Date.

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