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 Borrower from the Holder.
Appears in 7 contracts
Samples: Convertible Term Note (Axesstel Inc), Convertible Term Note (Axesstel Inc), 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 written notice thereof is received by the Borrower from the Holderoccurrence thereof.
Appears in 6 contracts
Samples: Time America Inc, Dyntek Inc, 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 Borrower from the Holder.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Nestor Inc), Nestor Inc, 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 written notice thereof is received by the Borrower from the Holderoccurrence thereof.
Appears in 3 contracts
Samples: Paincare Holdings Inc, Paincare Holdings Inc, 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 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 written notice thereof is received by the Borrower from the Holderoccurrence thereof.
Appears in 3 contracts
Samples: Tidel Technologies Inc, Tidel Technologies Inc, Tidel Technologies 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 written notice thereof is received by the Borrower from the Holderoccurrence thereof.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Bam Entertainment Inc), Conolog Corp, 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 (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 written notice the occurrence thereof is received by the Borrower from the Holder.
Appears in 3 contracts
Samples: Equifin Inc, Inyx Inc, 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 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 Borrower from the Holder.
Appears in 2 contracts
Samples: Numerex Corp /Pa/, Numerex Corp /Pa/
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 written notice thereof is received by the Borrower from the Holderoccurrence thereof.
Appears in 2 contracts
Samples: Pipeline Data Inc, 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 Borrower from the Holder.
Appears in 2 contracts
Samples: Nestor Inc, 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) 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 written notice thereof is received by the Borrower from the Holderdays.
Appears in 1 contract
Samples: 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 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 written notice thereof is received by the Borrower from the Holder.
Appears in 1 contract
Samples: Associated Automotive Group 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) 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 Borrower from the Holderoccurrence 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 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 Borrower from the Holder.
Appears in 1 contract
Samples: 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 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 Borrower from the Holder.occurrence thereof. 4.4
Appears in 1 contract
Samples: Ventures National Inc
Breach of Representations and Warranties. Any material representation or warranty of the Borrower made herein, in or the Purchase Security Agreement, or in any Related Document (as defined in the Purchase Agreement) Ancillary 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 Borrower from the Holderoccurrence thereof.
Appears in 1 contract
Samples: Global Payment Technologies 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 written notice thereof is received by the Borrower from the Holder.
Appears in 1 contract
Samples: Briazz Inc
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 written notice thereof is received by the Borrower from the Holderoccurrence thereof.
Appears in 1 contract
Samples: 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) 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 written notice thereof is received by the Borrower from the Holderdays.
Appears in 1 contract
Samples: AGU Entertainment Corp.