No Misrepresentation of Program Sample Clauses

No Misrepresentation of Program. Each Enrolling Counsel hereby covenants not to make any misrepresentation with respect to the Program or the terms and conditions of this Agreement to any Person, for example by leading Persons who are not Eligible Claimants to believe that they are, or may become, eligible to receive any Settlement Payment. The Parties agree that the provisions of this Section 10.6 are an essential element of this Agreement and that a breach of any such provision shall constitute a material breach of this Agreement entitling Merck to an immediate remedy against any Enrolling Counsel who breached such provision, including injunctive relief and attorneys’ fees.
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No Misrepresentation of Program. Counsel for each Program Participant opting to enroll in this Program hereby covenants not to make any misrepresentation with respect to the ACTOS Resolution Program or the terms and conditions of this Agreement to any Person, for example by leading Persons who are not Eligible Enrollees to believe that they are, or may become, eligible to receive any Settlement Payment under the Program. The Parties agree that the provisions of this Section 15.11 are an essential element of this Agreement and that a breach of any such provision shall constitute a material breach of this Agreement entitling Takeda to an immediate remedy against any counsel who breached such provision, including injunctive relief and attorneys’ fees as determined by the applicable court.
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No Misrepresentation of Program. Counsel for each Program Participant opting to enroll in this Program hereby covenants not to make any misrepresentation with respect to the Olmesartan Products Resolution Program or the terms and conditions of this Agreement to any Person, for example by leading Persons who are not Eligible Enrollees to believe that they are, or may become, eligible to receive any Settlement Payment under the Program. The Parties agree that the provisions of this Section 15.11 are an essential element of this Agreement and that a breach of any such provision shall constitute a material breach of this Agreement entitling Daiichi Sankyo and Forest to an immediate remedy against any counsel who breached such provision, including injunctive relief and attorneys’ fees as determined by the applicable court.
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No Misrepresentation of Program. Each Plaintiffs’ Counsel hereby covenants not to make any misrepresentation or mischaracterization to any Plaintiff or any other person with respect to (i) this Agreement, (ii) the Program or Protocol, or the role of Defendants therewith, (iii) the terms and conditions of this Agreement, and/or (iv) any guarantee of receiving a Program Award or payment pursuant to the Program, as no such guarantee of a monetary award exists under the terms of this Agreement except as set forth in Section 4.1.
Sample 1
No Misrepresentation of Program. Each Program Plaintiffs’ Counsel hereby covenants not to make any misrepresentation to any Plaintiff or any other person with respect to (i) this Protocol, (ii) the Program, (iii) the Agreement, or (iv) any guarantee of receiving a Program Award or payment pursuant to the Program, as no such guarantee of a monetary award exists under the terms of this Protocol or the Agreement, except for the minimum $100.00 payment set forth in Section 2.1.1.
Sample 1

Related to No Misrepresentation of Program

  • No Misrepresentation The representations and warranties of the Company contained in this Agreement, any schedule, annex or exhibit hereto and any agreement, instrument or certificate furnished by the Company to the Investors pursuant to this Agreement, do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading.

  • No Misrepresentations The reports and other submittals by Seller to Buyer under this Agreement are not false or misleading in any material respect.

  • No Misrepresentation or Breach of Covenants and Warranties (a) There shall have been no material breach by any ACME Entity in the performance of any of its respective covenants and agreements contained herein. (b) Each of the representations and warranties of the ACME Entities contained or referred to herein that is not qualified as to materiality or Material Adverse Effect shall be true and correct in all material respects on the Closing Date as though made on the Closing Date (except to the extent that they expressly speak as of a specific date or time other than the Closing Date, in which case they need only have been true and correct in all material respects as of such specified date or time), and each of the representations and warranties of the ACME Entities contained or referred to herein that is qualified as to materiality or Material Adverse Effect shall be true and correct in all respects on the Closing Date as though made on the Closing Date, except in any case for changes therein specifically permitted by this Agreement or resulting from any transaction expressly consented to in writing by Buyer. (c) The ACME Entities shall have delivered to Buyer certificates, dated as of the Closing Date, signed on behalf of each ACME Entity by its respective President or any Vice President, certifying that the conditions described in subsections (a) and (b) above have been satisfied.

  • No Fraud or Misrepresentation To the best of the Seller’s knowledge, each Receivable that was originated by a Dealer was sold by the Dealer to the Seller and by the Seller to the Purchaser without any fraud or misrepresentation on the part of such Dealer or the Seller, respectively.

  • Misrepresentations Borrower or any Person acting for Borrower makes any representation, warranty, or other statement now or later in this Agreement, any Loan Document or in any writing delivered to Bank or to induce Bank to enter this Agreement or any Loan Document, and such representation, warranty, or other statement is incorrect in any material respect when made;

  • Misrepresentation A representation (other than a representation under Section 3(e) or (f)) made or repeated or deemed to have been made or repeated by the party or any Credit Support Provider of such party in this Agreement or any Credit Support Document proves to have been incorrect or misleading in any material respect when made or repeated or deemed to have been made or repeated;

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • No Misstatement or Material Omission The Agent shall not have advised the Company that the Registration Statement or Prospectus, or any amendment or supplement thereto, contains an untrue statement of fact that in the Agent’s reasonable opinion is material, or omits to state a fact that in the Agent’s reasonable opinion is material and is required to be stated therein or is necessary to make the statements therein not misleading.

  • FALSE STATEMENTS; BREACH OF REPRESENTATIONS The Parties acknowledge that this Agreement has been negotiated, and is being executed, in reliance upon the information contained in the Application, and any supplements or amendments thereto, without which the Comptroller would not have approved this Agreement and the District would not have executed this Agreement. By signature to this Agreement, the Applicant: A. represents and warrants that all information, facts, and representations contained in the Application are true and correct to the best of its knowledge; B. agrees and acknowledges that the Application and all related attachments and schedules are included by reference in this Agreement as if fully set forth herein; and C. acknowledges that if the Applicant submitted its Application with a false statement, signs this Agreement with a false statement, or submits a report with a false statement, or it is subsequently determined that the Applicant has violated any of the representations, warranties, guarantees, certifications, or affirmations included in the Application or this Agreement, the Applicant shall have materially breached this Agreement and the Agreement shall be invalid and void except for the enforcement of the provisions required by Section 9.2 of this Agreement.

  • No Untrue Information Neither this Agreement nor any statement, report or other document furnished or to be furnished pursuant to this Agreement or in connection with the transactions contemplated hereby contains any untrue statement of fact or omits to state a fact necessary to make the statements contained therein not misleading;

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