Common use of No Material Misrepresentation or Breach Clause in Contracts

No Material Misrepresentation or Breach. There shall have been --------------------------------------- no material breach by Seller in the performance of any of the covenants herein to be performed by it in whole or in part prior to the Closing, and the representations and warranties of Seller contained in this Agreement shall be true and correct in all material respects as of the Closing Date, except for representations or warranties made as of a specified date, which shall be true and correct in all material respects as of the specified date, and C&A shall have delivered to Purchaser a certificate certifying each of the foregoing, dated the Closing Date and signed by one of its executive officers to the foregoing effect (it being understood that where any such representation or warranty already includes a Material Adverse Effect or other materiality exception, no further materiality exception is to be permitted by this Section);

No Material Misrepresentation or Breach. There shall have been --------------------------------------- no material breach by Seller either Purchaser or Parent in the performance of any of the covenants herein to be performed by it either of them in whole or in part prior to the Closing, and the representations and warranties of Seller Parent and Purchaser contained in this Agreement shall be true and correct in all material respects as of the Closing Date, except for representations or warranties made as of a specified date, which shall be true and correct in all material respects as of the specified date, and C&A each of Purchaser and Parent shall have delivered to Purchaser Seller a certificate certifying each of the foregoing, dated the Closing Date and signed by one of its executive officers to the foregoing effect (it being understood that where any such representation or warranty already includes a Material Adverse Effect or other materiality exception, no further materiality exception is to be permitted by this Section);

No Material Misrepresentation or Breach. There shall have been --------------------------------------- no material breach by Seller either Purchaser or Parent in the performance of any of the covenants herein to be performed by it either of them in whole or in part prior to the Closing, and the representations and warranties of Seller Parent and Purchaser contained in this Agreement shall be true and correct in all material respects as of the Closing Date, except for representations or warranties made as of a specified date, which shall be true and correct in all material respects as of the specified date, and C&A each of Purchaser and Parent shall have delivered to Purchaser Seller a certificate certifying each of the foregoing, dated the Closing Date and signed by one of its executive officers to the foregoing effect (it being understood that where any such representation or warranty already includes a Material Adverse Effect or other materiality exception, no further materiality exception is to be permitted by this Section);

No Material Misrepresentation or Breach. (a) There shall have been --------------------------------------- no material breach by Seller in the performance of any of the covenants herein to be performed by it in whole or in part prior to the ClosingClosing and (b) the representations and warranties of Seller contained in this Agreement that are qualified as to materiality shall be true and correct, and the representations and warranties of Seller contained in this Agreement that are not so qualified shall be true and correct in all material respects respects, on the date hereof and as of the Closing Date as if made anew on the Closing Date, except for representations or warranties made as of a specified date, which shall be true and correct in all material respects (or true and correct if qualified by materiality) as of the specified date, and C&A (c) Seller shall have delivered to Purchaser a certificate certifying each of the foregoing, dated the Closing Date and signed by one of its or Parent's executive officers to the foregoing effect (it being understood that where any such representation or warranty already includes a Material Adverse Effect or other materiality exception, no further materiality exception is to be permitted by this Section)effect;