Common use of Misrepresentation Default Clause in Contracts

Misrepresentation Default. Any of the representations, warranties or certifications of the City Related Parties made in or delivered pursuant to the WIFIA Credit Documents (or in any certificates delivered by the City Related Parties in connection with the WIFIA Credit 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 clause (iii) if and so long as (A) such misrepresentation is not intentional, (B) such misrepresentation is not a misrepresentation in respect of Section 12(g) (Representations and Warranties of the City Related Parties – Security Interests), Section 12(h) (Representations and Warranties of the City Related Parties – No Debarment), Section 12(j) (Representations and Warranties of the City Related Parties – Compliance with Laws), or Section 12(y) (Representation and Warranties of the City Related Parties – Patriot Act), (C) in the reasonable determination of the WIFIA Credit Provider, 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 WIFIA Credit Provider, 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 relevant City Related Party within thirty (30) days from the date on which the relevant City Related Party first became aware (or reasonably should have become aware) of such misrepresentation, and

Misrepresentation Default. Any of the representations, warranties or certifications of the City Related Parties Borrower made in or delivered pursuant to the WIFIA Credit TIFIA Loan Documents (or in any certificates delivered by the City Related Parties Borrower in connection with the WIFIA Credit 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 clause (iiixcvi) if and so long as (A) such misrepresentation is not intentional, (B) such misrepresentation is not a misrepresentation in respect of Section 12(g14(h) (Representations and Warranties of the City Related Parties – Security Interests), Section 12(h) (Representations and Warranties of the City Related Parties – No Debarment), Section 12(j14(j) (Representations and Warranties of the City Related Parties – Compliance with Federal Requirements), Section 14(k) (Transportation Improvement Program), Section 14(q) (OFAC; Anti-Corruption Laws), Section 14(ee) (Patriot Act), or Section 12(y) (Representation [include additional representations and Warranties of the City Related Parties – Patriot Act)warranties, as applicable], (C) in the reasonable determination of the WIFIA Credit ProviderTIFIA 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 WIFIA Credit ProviderTIFIA 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 relevant City Related Party Borrower within thirty (30) days from the date on which the relevant City Related Party Borrower first became aware (or reasonably should have become aware) of such misrepresentation, andand (F) the Borrower diligently pursues such cure during such thirty (30) day period.

Misrepresentation Default. Any of the representations, warranties or certifications of the City Related Parties Borrower made in or delivered pursuant to the WIFIA Credit Loan Documents (or in any certificates delivered by the City Related Parties Borrower in connection with the WIFIA Credit Loan Documents) shall prove to have been false or misleading in any material respect when made or deemed made (or any representation and warranty or certification 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 clause (iiiSection 17(a)(iv) if and so long as (A) such misrepresentation is not intentional, (B) such misrepresentation is not a misrepresentation in respect of Section 12(g) (Representations and Warranties of the City Related Parties – Security Interests), Section 12(h) (Representations and Warranties of the City Related Parties Borrower – No Debarment), Section 12(j) (Representations and Warranties of the City Related Parties Borrower – Compliance with Laws), ) or Section 12(y) (Representation Representations and Warranties of the City Related Parties Borrower – Patriot Act), (C) in the reasonable determination of the WIFIA Credit ProviderLender, 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 WIFIA Credit ProviderLender, 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 relevant City Related Party Borrower within thirty (30) days from the date on which the relevant City Related Party first became aware (or reasonably should have become aware) of such misrepresentation, andthirty

Misrepresentation Default. Any of the representations, warranties or certifications of the City Related Parties Borrower made in or delivered pursuant to the WIFIA Credit TIFIA Loan Documents (or in any certificates delivered by the City Related Parties Borrower in connection with the WIFIA Credit 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, provided that no Event of Default shall be deemed to have occurred under this clause Section 20(a)(iv) (iiiMisrepresentation Default) if and so long as (A) as: such misrepresentation is not intentional, (B) ; such misrepresentation is not a misrepresentation in respect of Section 12(g14(h) (Representations and Warranties of the City Related Parties – Security Interests), Section 12(h) (Representations and Warranties of the City Related Parties – No Debarment), Section 12(j14(j) (Representations and Warranties of the City Related Parties – Compliance with Federal Requirements), Section 14(k) (Transportation Improvement Program), Section 14(q) (OFAC; Anti-Corruption Laws), Section 14(ee) (Patriot Act), or Section 12(y) (Representation [include additional representations and Warranties of the City Related Parties – Patriot Act)warranties, (C) as applicable]; in the reasonable determination of the WIFIA Credit ProviderTIFIA 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 WIFIA Credit ProviderTIFIA 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 relevant City Related Party Borrower within thirty (30) days from the date on which the relevant City Related Party Borrower first became aware (or reasonably should have become aware) of such misrepresentation, and; and the Borrower diligently pursues such cure during such thirty (30) day period.