Breach of Warranty 100 Sample Clauses

Breach of Warranty 100. 8.1.3. Non-Performance of Certain Covenants and Obligations 100 8.1.4. Non-Performance of Other Covenants and Obligations 100 8.1.5. Default on Other Indebtedness 100 8.1.6. Judgments 101 8.1.7. Pension Plans 101 8.1.8. Change in Control 101 8.1.9. Bankruptcy, Insolvency, etc. 101 8.1.10. Impairment of Security, Senior Subordinated Notes, etc. 102 8.2. Action if Bankruptcy 103 8.3. Action if Other Event of Default 103 ARTICLE IXGUARANTY 9.1. The Guaranty 103 9.2. Guaranty Unconditional 104 9.3. Reinstatement in Certain Circumstances 105 9.4. Waiver by the Parent 105 9.5. Postponement of Subrogation, etc. 105 9.6. Stay of Acceleration 106 9.7. Non-Recourse, etc 106 ARTICLE XTHE ADMINISTRATIVE AGENT 10.1. Actions 107 10.2. Funding Reliance, etc. 108 10.3. Exculpation 108 10.4. Successor 108 10.5. Credit Extensions by Managing Agents 109 10.6. Credit Decisions 109 10.7. Loan Documents, etc. 110 10.8. Copies, etc. 110 10.9. Limitation on Duties 110 ARTICLE XIMISCELLANEOUS PROVISIONS 11.1. Waivers, Amendments, etc. 111 11.2. Notices 112 11.3. Payment of Costs and Expenses 112 11.4. Indemnification 113 11.5. Survival 115 11.6. Severability 115 11.7. Headings 115 11.8. Execution in Counterparts, Effectiveness, etc. 115 11.9. Governing Law; Entire Agreement 115 11.10. Successors and Assigns 116 11.11. Sale and Transfer of Loans and Notes; Participations in Loans and Notes 116 11.11.1. Assignments 116 11.11.2. Participations 117 11.11.3. Certain Other Provisions 118 11.12. Other Transactions 119 11.13. Certain Collateral and Other Matters 119 11.14. Confidential Information 120 11.15. Forum Selection and Consent to Jurisdiction 120 11.16. Waiver of Jury Trial, etc. 121 SCHEDULE I - Disclosure Schedule SCHEDULE II - Percentages SCHEDULE III - Administrative Information SCHEDULE IV - Real Estate Dispositions SCHEDULE V - Mortgages in Favor of the Administrative Agent SCHEDULE VI - Discontinued Operations EXHIBIT A - Form of Revolving Note EXHIBIT B - Form of Term Note EXHIBIT C - Form of Borrowing Request EXHIBIT D - Form of Continuation/Conversion Notice EXHIBIT E - Form of Issuance Request EXHIBIT F - Form of Compliance Certificate EXHIBIT G-1 - Form of Parent Pledge Agreement EXHIBIT G-2 - Form of Borrower Pledge Agreement EXHIBIT H-1 - Form of Borrower Security Agreement EXHIBIT H-2 - Form of Subsidiary Security Agreement EXHIBIT I - Form of Subsidiary Guaranty EXHIBIT J - Form of Mortgage EXHIBIT K - Form of Closing Date Certificate EXHIBIT L - Form of CFO/CEO S...
Sample 1
AutoNDA by SimpleDocs

Related to Breach of Warranty 100

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

  • 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.

  • Breach Liability 7.1 Subject to provisions under Section 4 of this Agreement, Party B and Party C shall jointly and severally indemnify and hold harmless Party A and any of its shareholders, directors, employees, affiliates, agents, successors and trustees from any claim, harm, expenses, indemnities, liabilities, fines or any other loss or damages arising from:

  • Breach of Contract 4.1 If any party (“Defaulting Party”) breaches any provision of this Agreement, which may cause damages to other parties (“Non-defaulting Party”), the Non-defaulting Party con notify the Defaulting Party in writing, requesting it rectify and correct such a breach of contract; if the Defaulting Party does not take actions which rectify and correct such breach to the satisfaction of the Non-defaulting Party within fifteen (15) days upon the issuance of the written notice, the Non-defaulting Party can take actions pursuant to this Agreement or other measures in accordance with laws in response.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • Liabilities for Breach of Contract If any Party to this Agreement fails to, according to the provisions of this Agreement, appropriately and fully perform its obligations, such Party shall be liable for breach of contract. Any damages and costs incurred by the non-breaching Party, due to a breach of contract by the breaching Party, shall be paid by the breaching Party to the non-breaching Party.

  • 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.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • No Misrepresentation or Breach of Covenants and Warranties The representations and warranties of the Company and the Sellers made in this Agreement (reading such representation and warranty without regard to any Material Adverse Effect or materiality qualification) shall be true and correct in all respects: (a) as of the date hereof; and (b) on and as of the Closing Date, as though made on such date, except (in the case of both clauses (a) and (b) above) (i) for those representations and warranties that are made as of a specific date (which shall be true and correct as of such respective date) and (ii) to the extent any breaches of such representations and warranties would not individually or in the aggregate be reasonably likely to have a Material Adverse Effect. The Company and the Sellers shall have performed or complied in all material respects with all obligations and covenants required by this Agreement to be performed or complied with by the Company on or before the Closing Date, and the Company shall have delivered to Buyer a certificate dated the Closing Date and signed by an authorized officer of the Company confirming the foregoing. Each Seller shall have delivered to Buyer certificates representing all of the Shares set forth opposite such Seller’s name on Schedule 1.1 duly endorsed in blank and bearing or accompanied by all requisite stock transfer stamps.

Time is Money Join Law Insider Premium to draft better contracts faster.