Common use of Breach of Representation or Warranty Clause in Contracts

Breach of Representation or Warranty. Any representation, warranty or certification (i) made by any Company or any of its Subsidiaries in any Transaction Document, or (ii) made by any Company or any of its Subsidiaries in any statement or certificate at any time given by any Company in writing pursuant hereto or in any Transaction Document or in connection herewith or therewith, shall be false in any material respect on the date as of which it was made.

Appears in 3 contracts

Samples: Subordination Agreement, Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.), Note and Warrant Purchase Agreement (Twinlab Consolidated Holdings, Inc.)

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Breach of Representation or Warranty. Any representation, representation or warranty or certification (i) made by any the Company or any of its Subsidiaries Designated Subsidiary herein, in any Transaction Document, Designation Agreement or (ii) made by any Company or any of its Subsidiaries in any certificate or statement or certificate at any time given by any Company in writing delivered pursuant hereto or in any Transaction Document or in connection herewith or therewith, thereto shall prove to be false or misleading in any material respect on the date as of which it was made or deemed made.; or

Appears in 3 contracts

Samples: Five Year Credit Agreement (Eastman Chemical Co), Five Year Credit Agreement (Eastman Chemical Co), Five Year Credit Agreement (Eastman Chemical Co)

Breach of Representation or Warranty. Any representation, representation or warranty or certification (i) made by any the Company herein or any of its Subsidiaries in any Transaction Document, certificate or (ii) made by any Company or any of its Subsidiaries in any statement or certificate at any time given by any Company in writing delivered pursuant hereto or in any Transaction Document or in connection herewith or therewith, thereto shall prove to be false or misleading in any material respect on the date as of which it was made or deemed made.; or

Appears in 2 contracts

Samples: Term Loan Agreement (Eastman Chemical Co), Term Loan Agreement (Eastman Chemical Co)

Breach of Representation or Warranty. Any representation, representation or warranty or certification (i) made by any the Company or any of its Subsidiaries Designated Subsidiary herein, in any Transaction Document, Designation Agreement or (ii) made by any Company or any of its Subsidiaries in any certificate or statement or certificate at any time given by any Company in writing delivered pursuant hereto or in any Transaction Document or in connection herewith or therewith, thereto shall prove to be false or misleading in any material respect on the date as of which it was made.made or deemed made (other than, for the avoidance of doubt, any Pricing Certificate Inaccuracy, provided that the Company complies with the terms of Section 2.23(c) with respect to such Pricing Certificate Inaccuracy); or

Appears in 2 contracts

Samples: Five Year Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co)

Breach of Representation or Warranty. Any representation, warranty warranty, certification or certification (i) other statement made by any Holdings, the Company or any of its the Subsidiaries in any Transaction Document, or (ii) made by any Company this Agreement or any of its Subsidiaries other Loan Document or in any statement or certificate at any time given by Holdings, the Company or any Company of the Subsidiaries in writing pursuant hereto or in any Transaction Document thereto or in connection herewith or therewith, therewith shall be false or misleading in any material respect on the date as of which it was is made.; or

Appears in 2 contracts

Samples: Credit Agreement (Real Mex Restaurants, Inc.), Credit Agreement (Real Mex Restaurants, Inc.)

Breach of Representation or Warranty. Any representation, representation or warranty made or certification (i) deemed made by any Holdings, the Company or any of its the Company's Subsidiaries to Lender herein or in any Transaction Document, other Loan Document or (ii) made by any Company or any of its Subsidiaries in any statement or certificate at any time given by any Company in writing such Person pursuant hereto or in to any Transaction Loan Document or in connection herewith or therewith, shall be false or misleading in any material respect on the date as of which it was made (or deemed made).

Appears in 2 contracts

Samples: Loan Agreement (Muehlstein Holding Corp), Loan Agreement (Muehlstein Holding Corp)

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Breach of Representation or Warranty. Any representation, warranty warranty, certification or certification (i) other statement made by any the Company or any of its Subsidiaries in any Transaction Document, or (ii) made by any Company this Agreement or any of its Subsidiaries other Loan Document or in any statement or certificate at any time given by the Company or any Company of its Subsidiaries in writing pursuant hereto or in any Transaction Document thereto or in connection herewith or therewith, therewith shall be false or misleading in any material respect on the date as of which it was is made.; or

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Breach of Representation or Warranty. Any representation, warranty warranty, certification or certification (i) other statement made by any Company Holdings or any of its the Subsidiaries in any Transaction Document, or (ii) made by any Company this Agreement or any of its Subsidiaries other Loan Document or in any statement or certificate at any time given by Holdings or any Company of the Subsidiaries in writing pursuant hereto or in any Transaction Document thereto or in connection herewith or therewith, therewith shall be false or misleading in any material respect on the date as of which it was is made.; or

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Breach of Representation or Warranty. Any representation, representation or warranty or certification (i) made by Publisher herein or in any Company other Loan Document or any of its Subsidiaries in any Transaction Document, certificate or (ii) made by any Company or any of its Subsidiaries in any statement or certificate at any time given by any Company in writing delivered pursuant hereto or in any Transaction Document or in connection herewith or therewith, thereto shall prove to be false or misleading in any material respect on the date as of which it was made or deemed made.

Appears in 1 contract

Samples: Software Distribution and Loan Agreement (Microprose Inc/De)

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