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 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. 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. 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 There shall have been no material breach by Buyer in the performance of any of its covenants and agreements herein; each of the representations and warranties of Buyer contained or referred to in this Agreement shall be true and correct on the Closing Date as though made on the Closing Date, except for changes therein specifically permitted by this Agreement or resulting from any transaction expressly consented to in writing by Seller or any transaction contemplated by this Agreement; and there shall have been delivered to Seller a certificate to such effect, dated the Closing Date and signed on behalf of Buyer by an authorized officer of Buyer.

  • 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 Any representation or statement made or deemed to be made by an Obligor in the Finance Documents or any other document delivered by or on behalf of any Obligor under or in connection with any Finance Document is or proves to have been incorrect or misleading in any material respect when made or deemed to be made.

  • Breach of Provisions In the event that Executive shall breach any of the provisions of this Article V, or in the event that any such breach is threatened by Executive, in addition to and without limiting or waiving any other remedies available to the Company at law or in equity, the Company shall be entitled to immediate injunctive relief in any court, domestic or foreign, having the capacity to grant such relief, without the necessity of posting a bond, to restrain any such breach or threatened breach and to enforce the provisions of this Article V. Executive acknowledges and agrees that there is no adequate remedy at law for any such breach or threatened breach and, in the event that any action or proceeding is brought seeking injunctive relief, Executive shall not use as a defense thereto that there is an adequate remedy at law.

  • 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.

  • 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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