Breach of Warranties and Misleading Statements Sample Clauses

Breach of Warranties and Misleading Statements. (a) Any representation or warranty made or deemed made by the Borrower, the Parent Company, the Holding Company or any Subsidiary of the Borrower herein (other than in SECTION 8.16) or in any other Loan Document executed by it is breached or is false or misleading in any material respect on the date made or deemed made, or (b) any schedule, certificate, financial statement, report, notice, or other writing now or hereafter furnished by the Borrower, the Parent Company, the Holding Company or any Subsidiary of the Borrower to any Agent, the Issuing Bank or any Lender in connection with the Loan Documents and the transactions contemplated therein is false or misleading in any material respect (taken as a whole) on the date as of which the facts therein set forth are stated or certified, or (c) (i) any representation or warranty made or deemed made by the Borrower in SECTION 8.16 shall be false or misleading in any material respect, (ii) the Borrower or any of its Subsidiaries shall obtain knowledge of any fact or matter which would have made any representation or warranty made or deemed made in SECTION 8.16(A), (B), (C), (F), (G) or (H) false or misleading at the time such representation or warranty was made or deemed made had the Borrower had knowledge of such fact or matter at the time such representation or warranty was made or deemed made or (iii) any representation or warranty made or deemed made in SECTION 8.16(D) was false or misleading when made or deemed made.
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Breach of Warranties and Misleading Statements. Any representation or warranty made or deemed made pursuant to Article VIII, by or on behalf of the Company or any Subsidiary to the U.S. Lenders, the Global Administrative Agent, the Co-Agent, the Arrangers or the Engineering Banks under or in connection with this Agreement, any Loan, any U.S. Loan Document, or any certificate, or, information delivered in connection with this Agreement, any other U.S. Loan Document is breached or shall be false, incomplete or incorrect on the date as of which made or deemed made in any material respect.
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Breach of Warranties and Misleading Statements. Any representation or warranty made or deemed made pursuant to Article VIII, by or on behalf of the Company or any Subsidiary to the Australian Lenders, the Global Administrative Agent, the Australian Administrative Agent, the Co-Agent, the Arrangers or the Engineering Banks under or in connection with this Agreement, any Loan, any Australian Loan Document, or any certificate, or, information delivered in connection with this Agreement, any other Australian Loan Document is breached or shall be false, incomplete or incorrect on the date as of which made or deemed made in any material respect.
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Breach of Warranties and Misleading Statements. Any representation or warranty made or deemed made pursuant to Article VIII, by or on behalf of the Company or any Subsidiary to the Canadian Lenders, the Global Administrative Agent, the Canadian Administrative Agent, the Co-Agent, the Arrangers or the Engineering Banks under or in connection with this Agreement, any Loan, any Canadian Loan Document, or any certificate, or, information delivered in connection with this Agreement, any other Canadian Loan Document is breached or shall be false, incomplete or incorrect on the date as of which made or deemed made in any material respect.
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Related to Breach of Warranties and Misleading Statements

  • Breach of Warranties In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.

  • Survival of Warranties and Agreements All representations and warranties made herein and all obligations of the Borrower in respect of taxes, indemnification and expense reimbursement shall survive the execution and delivery of this Agreement and the other Loan Documents, the making and repayment of the Loans, the issuance and discharge of Letters of Credit hereunder and the termination of this Agreement and shall not be limited in any way by the passage of time or occurrence of any event and shall expressly cover time periods when the Administrative Agent, any of the other Agents or any of the other Lenders may have come into possession or control of any Property of the Borrower or any of its Subsidiaries.

  • 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.

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • NEGATION OF WARRANTIES AND INDEMNIFICATION 12.01 PHS offers no warranties other than those specified in Article 1.

  • Disclaimer of Other Representations or Warranties Except as previously set forth in this Section 2 or in any certificate delivered by the Company to Parent and/or Merger Sub pursuant to this Agreement, the Company makes no representation or warranty, express or implied, at law or in equity, with respect to it or any of its assets, liabilities or operations, and any such other representations or warranties are hereby expressly disclaimed.

  • EXCLUSION OF WARRANTIES THIS IS A SERVICE AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE DISTRIBUTOR DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO THE COMPANY, A FUND OR ANY OTHER PERSON, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (IRRESPECTIVE OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICES OR ANY GOODS PROVIDED INCIDENTAL TO SERVICES PROVIDED UNDER THIS AGREEMENT. THE DISTRIBUTOR DISCLAIMS ANY WARRANTY OF TITLE OR NON-INFRINGEMENT EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT.

  • Representations, Warranties and Agreements to Survive Delivery All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

  • Assignment of Warranties Lessor has assigned to Lessee all warranties to which Lessor may have rights applicable to the Facility or any portion thereof provided by any manufacturers, designers, and constructors of the Facility or any portion thereof. Lessor agrees to take such other action as may be necessary to effectuate the assignment granted to Lessee pursuant to this Section 2.13.

  • Survival of Warranties The warranties, representations and covenants of the Company and Investors contained in or made pursuant to this Agreement shall survive the execution and delivery of this Agreement and the Closing and shall in no way be affected by any investigation of the subject matter thereof made by or on behalf of the Investors or the Company.

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