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 the Seller in the performance of any of the covenants herein to be performed by him, her or it in whole or in part prior to the Closing and (b) the representations and warranties of the Seller contained in this Agreement (i) that are not qualified as to materiality or material adverse effect shall be true and correct in all material respects and (ii) that are so qualified shall be true and correct, in each case 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 as of the specified date; and

Appears in 1 contract

Samples: Stock Purchase Agreement (KVO Capital Management, LLC)

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No Material Misrepresentation or Breach. (a) There shall have been no material breach by the Seller in the performance of any of the covenants herein to be performed by him, her or it in whole or in part prior to the Closing Closing, and (b) the representations and warranties of the Seller contained in this Agreement (i) that are not qualified as to materiality or material adverse effect shall be true and correct in all material respects and (ii) that are so qualified shall be true and correct, in each case 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 as of the specified date; and.

Appears in 1 contract

Samples: Stock Purchase Agreement (NightWatch Capital Management, LLC)

No Material Misrepresentation or Breach. (a) There shall have been no material breach by the Seller Purchaser in the performance of any of the covenants herein to be performed by him, her or it in whole or in part prior to the Closing Closing, and (b) the representations and warranties of the Seller Purchaser contained in this Agreement (i) that are not qualified as to materiality or material adverse effect shall be true and correct in all material respects and (ii) that are so qualified (if any) shall be true and correct, in each case 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 as of the specified date; and.

Appears in 1 contract

Samples: Stock Purchase Agreement (NightWatch Capital Management, LLC)

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No Material Misrepresentation or Breach. (a) There shall have been no material breach by the Seller Purchasers in the performance of any of the covenants herein to be performed by him, her or it in whole or in part prior to the Closing and (b) the representations and warranties of the Seller Purchasers contained in this Agreement (i) that are not qualified as to materiality or material adverse effect shall be true and correct in all material respects and (ii) that are so qualified (if any) shall be true and correct, in each case 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 as of the specified date; and

Appears in 1 contract

Samples: Stock Purchase Agreement (KVO Capital Management, LLC)

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