Common use of No Material Misrepresentation or Breach Clause in Contracts

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 Closing 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, 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) 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;

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 Closing and (b) the representations and warranties of Seller contained in this Agreement that are qualified as to materiality shall be true and correctClosing, 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, on the date hereof and respects 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) Seller C&A 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 effecteffect (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 Purchaser in the performance of any of the covenants herein to be performed by it Purchaser in whole or in part prior to the Closing and Closing, (b) the representations and warranties of Seller Purchaser contained in this Agreement that are qualified as to materiality shall be true and correct, correct and the representations and warranties of Seller Purchaser contained in this Agreement that are not so qualified shall be true and correct in all material respects, on the date hereof and respects 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) Seller Purchaser shall have delivered to Purchaser Parent a certificate certifying certification of each of the foregoing, dated the as of the Closing Date and signed by one of its or Parent's executive officers to the foregoing effect;