Common use of Breach of Representations and Warranties Clause in Contracts

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.

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.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Purchase 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 Datemisleading.

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

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

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.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Agreement, Transaction Documents, 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.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Agreement, herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith herewith, shall be false or misleading in any material respect as of the date when made and the Closing Datebreach of which has (or with the passage of time will have) a material adverse effect on the rights of the Holder with respect to this Note.

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

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription AgreementAgreement entered into by the Holder and Borrower in connection with this Note, 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 Datemisleading.

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

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

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.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Purchase 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.

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

Breach of Representations and Warranties. Any material -------------------------------------------- representation or warranty of the Borrower made herein, in the Subscription AgreementAgreement entered into by the Holder and Borrower in connection with this Note, 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 Daterespect.

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 herewith shall be false or misleading in any material respect as of the date made and the Closing Datemisleading.

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 the Transaction Documents shall be false or misleading in any material respect as of the date made and the Closing Date.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription AgreementAgreement entered into by the Holder and Borrower in connection with this Note, or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith herewith or in connection with the Subscription Agreement shall be false or misleading in any material respect as of the date made and the Closing Datemisleading.

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, and would otherwise have a material adverse effect on the Borrower.

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, and would otherwise have a material adverse effect on the Borrower.

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.

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

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

Breach of Representations and Warranties. Any material ---------------------------------------- representation or warranty of the Borrower made herein, in the Subscription AgreementAgreement entered into by the Holder and Borrower in connection with this Note, 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 Daterespect.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription AgreementSPA, 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 Datemade.

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

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 Daterespect.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Note Purchase 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 DateDate (as defined in the Note Purchase Agreement).

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 Datemisleading.

Breach of Representations and Warranties. Any material representation or ---------------------------------------- warranty of the Borrower made herein, in the Subscription AgreementAgreement entered into by the Holder and Borrower in connection with this Note, 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 Daterespect.

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

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

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 the Transaction Documents shall be false or misleading in any material respect as of the date made and the Closing Daterespect.

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

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 Datemade.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in herein as of the Subscription Agreement, date hereof or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith herewith shall be false or misleading in any material respect as of the date made and such breach has a material adverse effect upon the Closing DateLender’s rights under the Transaction Documents.

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

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription AgreementPurchase Agreement or in any other Transaction Document, 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.

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 herewith shall be false or misleading in any material respect as of the date made and the Closing Daterespect.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Purchase 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 or as of the Closing Date.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription AgreementAgreement entered into by the Holder and Borrower in connection with this Note, or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith herewith shall be false or misleading in any material respect as of the date made and the Closing Datemisleading.

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

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 Datedate hereof.

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 DateIssue Date of this Note.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made hereinmade, in the Subscription Agreementthis Note, or in any agreement, said statement or certificate given in writing pursuant hereto or in connection therewith or any other report, financial statement or certificate shall be false or misleading in any material respect as of the date made and the Closing Date.;

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

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Agreement, 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 DateDate (as defined in the Subscription Agreement).

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

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 DateDate resulting in a Material Adverse Effect.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Purchase 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 DateDate (as defined in the Purchase Agreement).

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 which has a material adverse effect on the Closing DateBorrower, its assets, business operations or its ability to pay this Note in full.

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

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Agreement, Transaction Documents, 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 if made prior to the Closing Date, then as of the Closing Date.

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

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.

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

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 herein shall be false or misleading in any material respect as of the date made and the Closing Date.

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

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

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 Datemisleading.

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 Datedate of the issuance of this Note.

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription Loan 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 Datemisleading.

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

Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Subscription AgreementAgreement and Security Agreement entered into by the Holder and Borrower in connection with this Note, or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith herewith shall be false or misleading in any material respect as of the date made and the Closing Datemisleading.

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 herewith or therewith shall be false or misleading in any material respect as of the date made and the Closing Date.

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.

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