Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten (10) days after the occurrence thereof.
Appears in 7 contracts
Samples: Secured Convertible Term Note (Innovative Companies Inc), Secured Convertible Term Note (Micro Component Technology Inc), Convertible Term Note (Ventures National Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten (10) days after written notice thereof is received by the occurrence thereofBorrower from the Holder.
Appears in 7 contracts
Samples: Convertible Term Note (Axesstel Inc), Convertible Term Note (Electric City Corp), Convertible Term Note (Electric City Corp)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten fifteen (1015) days after the occurrence thereof.
Appears in 6 contracts
Samples: Secured Convertible Term Note (Time America Inc), Secured Convertible Term Note (United Energy Corp /Nv/), Secured Convertible Term Note (Dyntek Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined agreement, statement or certificate given in the Purchase Agreement) writing pursuant hereto or in connection therewith shall be materially false or misleading and shall not be cured for a period of ten twenty (1020) business days after written notice thereof is received by the occurrence thereofBorrower from the Holder.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Nestor Inc), Convertible Note (Nestor Inc), Secured Term Note (Nestor Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as Agreement(as defined in the Purchase Agreement) shall be materially false or misleading and have a material adverse effect on the Company’s performance of its obligations to the Purchaser, or the practical realization by the Purchaser of any benefit or remedy it may have under the Note or the Related Agreements, that shall not be cured for a period of ten fifteen (1015) days after the occurrence thereof.
Appears in 3 contracts
Samples: Secured Convertible Term Note (Paincare Holdings Inc), Secured Convertible Term Note (Paincare Holdings Inc), Secured Convertible Term Note (Paincare Holdings Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined agreement, statement or certificate given in the Purchase Agreement) writing pursuant hereto or in connection therewith shall be materially false or misleading and shall not be cured for a period of ten twenty (1020) days after written notice thereof is received by the occurrence thereofBorrower from the Holder.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Data Systems & Software Inc), Securities Purchase Agreement (Billserv Inc), Securities Purchase Agreement (Digital Fusion Inc/Nj/)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten thirty (1030) days after the occurrence thereofthereof .
Appears in 3 contracts
Samples: Convertible Term Note (Inyx Inc), Convertible Term Note (Equifin Inc), Convertible Term Note (Inyx Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten thirty (1030) days after the occurrence thereof.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bam Entertainment Inc), Secured Convertible Term Note (Conolog Corp), Secured Convertible Term Note (Bam Entertainment Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document Agreement (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten (10) days after the occurrence thereof.
Appears in 3 contracts
Samples: Convertible Term Note (Tidel Technologies Inc), Convertible Term Note (Tidel Technologies Inc), Convertible Term Note (Tidel Technologies Inc)
Breach of Representations and Warranties. Any material representation or warranty of made by the Borrower made herein, in this Note or the Purchase Agreement, or by the Borrower or any of its Subsidiaries in any Related Document (as defined Agreement, shall, in the Purchase Agreement) shall any such case, be materially false or misleading in any material respect on the date that such representation or warranty was made or deemed made and shall not be cured for a period of ten fifteen (1015) days after the occurrence thereof.
Appears in 2 contracts
Samples: Secured Convertible Term Note (Pipeline Data Inc), Secured Convertible Term Note (Pipeline Data Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) herein shall be materially false or misleading and shall not be cured for a period of ten twenty (1020) business days after written notice thereof is received by the occurrence thereofBorrower from the Holder.
Appears in 2 contracts
Samples: Convertible Note (Nestor Inc), Convertible Note (Nestor Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be have been materially false or misleading when made and shall not be cured for a period of ten (10) days after written notice thereof is received by the occurrence thereofBorrower from the Holder.
Appears in 2 contracts
Samples: Convertible Term Note (Numerex Corp /Pa/), Convertible Term Note (Numerex Corp /Pa/)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) Agreement shall be materially false or misleading on the date that such representation or warranty was made or deemed made, and if subject to cure, shall not be cured for a period of ten (10) days after the occurrence thereofdays.
Appears in 1 contract
Samples: Senior Secured Convertible Note (Smartserv Online Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten thirty (1030) business days after the occurrence thereofwritten notice thereof is received by Borrower from Holder.
Appears in 1 contract
Samples: Convertible Note (Briazz Inc)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading on the date that such representation or warranty was made or deemed made, and if subject to cure, shall not be cured for a period of ten (10) days after the occurrence thereofdays.
Appears in 1 contract
Samples: Securities Purchase Agreement (AGU Entertainment Corp.)
Breach of Representations and Warranties. Any material -------------------------------------------- representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined agreement, statement or certificate given in the Purchase Agreement) writing pursuant hereto or in connection therewith shall be materially false or misleading and shall not be cured for a period of ten twenty (1020) days after written notice thereof is received by the occurrence thereofBorrower from the Holder.
Appears in 1 contract
Samples: Convertible Note (Global Sports & Entertainment Inc/)
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined agreement, statement or certificate given in the Purchase Agreement) writing pursuant hereto or in connection therewith shall be materially false or misleading and shall not be cured for a period of ten five (105) business days after the occurrence thereofwritten notice thereof is received by Borrower from Holder.
Appears in 1 contract
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Asset Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) shall be materially false or misleading and shall not be cured for a period of ten fifteen (1015) days after the occurrence thereof.
Appears in 1 contract
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in the Purchase Agreement, or in any Related Document (as defined in the Purchase Agreement) Agreement shall be materially false or misleading and shall not be cured for a period of ten (10) days after the occurrence thereof.
Appears in 1 contract
Samples: Secured Convertible Term Note (Micro Component Technology Inc)