Common use of Breach Out Clause in Contracts

Breach Out. the Corporation is in breach of, default under or in non-compliance with any material representation or warranty, or material term, condition or covenant of this Agreement or any representation or warranty given by the Corporation becomes or is false in any material respect, and such breach, default or non-compliance is, in the opinion of the Underwriters, acting reasonably, not capable of being cured prior to the Closing Date; and

Appears in 1 contract

Samples: Underwriting Agreement

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Breach Out. the Corporation is in breach of, default under or in non-compliance with any material representation or warranty, or of a material term, condition or covenant of this Agreement or any representation or warranty given by the Corporation in this Agreement, the Subscription Agreements, or the Debenture Indenture, as applicable, becomes or is false in any material respect, and such breach, default or non-compliance is, in the opinion of the Underwriters, acting reasonably, not capable of being cured prior to the Closing Date; and.

Appears in 1 contract

Samples: Agency Agreement

Breach Out. the The Corporation is in breach of, default under or in non-compliance with any material representation or warranty, or of a material term, condition or covenant of contained in this Agreement or any representation or warranty given by the Corporation in this Agreement becomes or is false in any material respect, respect and the Agent reasonably expects that such breach, default representation or non-compliance is, in the opinion of the Underwriters, acting reasonably, warranty will not capable of being cured be remedied prior to the Closing DateTime; andor

Appears in 1 contract

Samples: Agency Agreement

Breach Out. the The Corporation is in breach of, default under or in non-compliance with of any material representation or warranty, or material term, condition or covenant of this Agreement that may not be reasonably expected to be remedied prior to the Closing Time or any material representation or warranty given by the Corporation in this Agreement becomes or is false in any material respect, and such breach, default or non-compliance is, in the opinion of the Underwriters, acting reasonably, not capable of being cured prior to the Closing Datefalse; andor

Appears in 1 contract

Samples: Underwriting Agreement

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Breach Out. the Corporation is in breach of, default under or in non-compliance with any material representation or warranty, or of a material term, condition or covenant of this Agreement or any representation or warranty given by the Corporation in this Agreement or the Subscription Agreements, as applicable, becomes or is false in any material respect, and such breach, default or non-compliance is, in the opinion of the Underwriters, acting reasonably, not capable of being cured prior to the Closing Date; and.

Appears in 1 contract

Samples: Agency Agreement

Breach Out. the The Corporation is in breach of, default under or in non-compliance with any material representation or warranty, or of a material term, condition or covenant of contained in this Agreement or any representation or warranty given by the Corporation in this Agreement becomes or is false in any material respect, and such breach, default or non-compliance is, in respect that the opinion of the Underwriters, acting reasonably, Agent reasonably expects will not capable of being cured be remedied prior to the Closing DateTime; andor

Appears in 1 contract

Samples: Agency Agreement

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