Common use of Misrepresentation Default Clause in Contracts

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌ (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or Section 13(bb) (Patriot Act); (C) in the reasonable determination of the XXXXX Xxxxxx, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX Xxxxxx, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no no‌ Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌as: (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or Section 13(bb) (Patriot Act); (C) in the reasonable determination of the XXXXX Xxxxxx, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX Xxxxxx, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv20(a)(iv) (Misrepresentation Default) if and so long as:‌ (A) as: such misrepresentation is not intentional; (B) ; such misrepresentation is not a misrepresentation in respect of Section 13(h14(h) (No Debarment), Section 13(j14(j) (Compliance with Federal Requirements), Section 13(p14(k) (Transportation Improvement Program), Section 14(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or ), Section 13(bb14(ee) (Patriot Act); (C) , or Section [include additional representations and warranties, as applicable]; in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) ; in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) ; the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) and the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower or CDOT made in or delivered pursuant to the TIFIA Loan Documents to which it is a party (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default20(a)(iv) if and so long as:‌as: (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h14(h) (No Debarment), Section 13(j14(j) (Compliance with Federal Requirements), Section 13(p14(k) (Transportation Improvement Program), Section 14(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) ), or Section 13(bb14(ee) (Patriot Act), or Section 5(j) (OFAC; Anti-Corruption Laws) of the CDOT Direct Agreement; (C) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower or CDOT, as applicable, within thirty (30) days from the date on which the Borrower or CDOT, as applicable, first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower (or CDOT, if the applicable misrepresentation is in respect of CDOT) diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Loan‌ Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌as: (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or ), Section 13(bb) (Patriot Act) or Section 13(hh) (Transportation Improvement Program); (C) in the reasonable determination of the XXXXX Xxxxxx, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX Xxxxxx, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA RRIF Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA RRIF Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌ (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or ), Section 13(bb) (Patriot Act), or Section 13(hh) (Transportation Improvement Program); (C) in the reasonable determination of the XXXXX XxxxxxRRIF Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX XxxxxxRRIF Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌ (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or Section 13(bb) (Patriot Act); (C) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents to which it is a party (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default20(a)(iv) if and so long as:‌as: (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h14(h) (No Debarment), Section 13(j14(j) (Compliance with Federal Requirements), Section 13(p14(k) (Transportation Improvement Program), Section 14(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or ), Section 13(bb14(ee) (Patriot Act), [or Section [include additional representations and warranties, as applicable]]; (C) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌as: (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p13(k) (Transportation Improvement Program), Section 13(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or ), Section 13(bb13(cc) (Patriot Act) or Section 13(dd) (Irrevocable Instructions); (C) in the reasonable determination of the XXXXX Xxxxxx, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX Xxxxxx, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided provided, that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) clause (Misrepresentation Defaultxcvi) if and so long as:‌ as (A) such misrepresentation is not intentional; , (B) such misrepresentation is not a misrepresentation in respect of Section 13(h14(h) (No Debarment), Section 13(j14(j) (Compliance with Federal Requirements), Section 13(p14(k) (Transportation Improvement Program), Section 14(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) or ), Section 13(bb14(ee) (Patriot Act); , or Section [include additional representations and warranties, as applicable], (C) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; , (D) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; , (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower within thirty (30) days from the date on which the Borrower first became aware (or reasonably should have become aware) of such misrepresentation; and , and (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of (A) the Borrower made in or delivered pursuant to the TIFIA Loan Documents (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents), (B) SANDAG made in or delivered pursuant to the SANDAG Direct Agreement (or in any certificates delivered by SANDAG in connection with the SANDAG Direct Agreement) or (C) MTS made in or delivered pursuant to the MTS Direct Agreement (or in any certificates delivered by MTS in connection with the MTS Direct Agreement), shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv20(a)(iv) (Misrepresentation Default) if and so long as:‌as: (A1) such misrepresentation is not intentional; (B2) in the case of the Borrower, such misrepresentation is not a misrepresentation in respect of Section 13(h14(h) (No Debarment), Section 13(j14(j) (Compliance with Federal Requirements), Section 13(p14(k) (Transportation Improvement Program), Section 14(p) (Information), Section 14(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws), Section 14(x) (Financial Statements) or Section 13(bb14(cc) (Patriot Act); (C3) in the case of SANDAG, such misrepresentation is not a misrepresentation in respect of Sections 5(g), 5(i), 5(m) or 5(n) of the SANDAG Direct Agreement; (4) in the case of MTS, such misrepresentation is not a misrepresentation in respect of Sections 4(g), 4(i), 4(m) or 4(n) of the MTS Direct Agreement; (5) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D6) in the reasonable determination of the XXXXX XxxxxxTIFIA Lender, the underlying issue giving rise to the misrepresentation is capable of being cured; (E7) the underlying issue giving rise to the misrepresentation is cured by the applicable Borrower Related Party within thirty (30) days from the date on which the such Borrower Related Party first became aware (or reasonably should have become aware) of such misrepresentation; and (F) 8) the applicable Borrower Related Party diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the Borrower or CDOT made in or delivered pursuant to the TIFIA Loan Documents to which it is a party (or in any certificates delivered by the Borrower in connection with the TIFIA Loan Documents) shall prove to have been false or misleading in any material respect when made (or deemed made) made (or any representation and warranty that is subject to a materiality qualifier shall prove to have been false or misleading in any respect); provided that no Event of Default shall be deemed to have occurred under this Section 19(a)(iv) (Misrepresentation Default) if and so long as:‌as: (A) such misrepresentation is not intentional; (B) such misrepresentation is not a misrepresentation in respect of Section 13(h) (No Debarment), Section 13(j) (Compliance with Federal Requirements), Section 13(p13(k) (Transportation Improvement Program), Section 13(q) (OFAC; Anti-Money Laundering Laws; Anti- Corruption Laws) ), or Section 13(bb13(ee) (Patriot Act), or Section 5(j) (OFAC; Anti-Corruption Laws) of the CDOT Direct Agreement; (C) in the reasonable determination of the XXXXX Xxxxxx, such misrepresentation has not had, and would not reasonably be expected to result in, a Material Adverse Effect; (D) in the reasonable determination of the XXXXX Xxxxxx, the underlying issue giving rise to the misrepresentation is capable of being cured; (E) the underlying issue giving rise to the misrepresentation is cured by the Borrower or CDOT, as applicable, within thirty (30) days from the date on which the Borrower or CDOT, as applicable, first became aware (or reasonably should have become aware) of such misrepresentation; and (F) the Borrower (or CDOT, if the applicable misrepresentation is in respect of CDOT) diligently pursues such cure during such thirty (30) day period.