No Representation; Consequences of Breach, etc. You acknowledge and agree that: 6.1 neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and 6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 14 contracts
Samples: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Senior Facilities Agreement (Liberty Global PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (A) neither wewe nor any of our officers, nor employees or advisers, and no other member of the Group and none of the officers, employees or advisers of any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) ), (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any other member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (B) we or and other members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youyou or any other person.
Appears in 12 contracts
Samples: Facility Agreement (Vaalco Energy Inc /De/), Revolving Credit Facility Agreement (Kosmos Energy Ltd.), Deed of Amendment and Restatement (Kosmos Energy Ltd.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Borrower Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Borrower Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Borrower Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Borrower Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 9 contracts
Samples: Senior Secured Credit Facility (Liberty Global PLC), Credit Agreement (Unitedglobalcom Inc), Credit Agreement (Unitedglobalcom Inc)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 8 contracts
Samples: Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.), Facility Agreement (InterXion Holding N.V.)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, [nor your principal] nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and
6.2 we (b) you [or your principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 6 contracts
Samples: Pik Facility Agreement (Nordic Telephone CO ApS), Pik Facility Agreement (Nordic Telephone CO ApS), Bridge Facility Agreement (Nordic Telephone CO ApS)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 5 contracts
Samples: Loan Agreement (Ship Acquisition Inc.), Multicurrency Revolving Credit Facility (Scottish Power PLC), Senior Facilities Agreement (Anheuser-Busch InBev S.A.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 5 contracts
Samples: Syndicated Loan Agreement (Hillenbrand, Inc.), Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 4 contracts
Samples: Multicurrency Facilities Agreement (Pernod Ricard S a /Fi), Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person Person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 4 contracts
Samples: Bpifae Facility Agreement (Globalstar, Inc.), Second Lien Facility Agreement (Globalstar, Inc.), Coface Facility Agreement (Globalstar, Inc.)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of the Confidential Information or any such information; and
6.2 we (b) you or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 4 contracts
Samples: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 4 contracts
Samples: Securitisation Agreement (Encore Capital Group Inc), Securitization Agreement (Encore Capital Group Inc), Senior Facility Agreement (Encore Capital Group Inc)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 4 contracts
Samples: Revolving Facility Agreement (Sibanye Gold LTD), Revolving Facility Agreement (Sibanye Gold LTD), Facility Agreement (Baring Asia Private Equity Fund v Co-Investment L.P.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 3 contracts
Samples: Syndicated L/G Facility Agreement (Hillenbrand, Inc.), Amendment Agreement (Hillenbrand, Inc.), Syndicated Loan Agreement (Hillenbrand, Inc.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (i) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (iA) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (iiB) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (ii) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 3 contracts
Samples: Amendment Agreement (BHP Billiton PLC), Multicurrency Term and Revolving Facilities and Subscription Agreement (BHP Billiton LTD), Facility and Subscription Agreement (BHP Billiton PLC)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 neither weyou, nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you in relation to the Acquisition or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you in relation to the Acquisition or be otherwise liable to you us or any other person in respect of the Confidential Information or any such information; and
6.2 we you or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 3 contracts
Samples: Facilities Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 3 contracts
Samples: Senior Term and Revolving Facilities Agreement (Melrose PLC), Revolving Credit Facility (Sara Lee Corp), Revolving Credit Facility (D.E Master Blenders 1753 B.V.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any holding company of any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our officers, employees or advisers nor (except as provided in the Facility) the members of the Group or any of their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Single Currency Term Facility Agreement (Bristol Myers Squibb Co), Single Currency Term Facility Agreement (Bristol Myers Squibb Co)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal](4) or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Multicurrency Revolving Facilities Agreement (Sage Group PLC), Facility Agreement (Schroder Ventures International Investment Trust PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (A) neither wewe nor any of our officers, nor employees or advisers, and no other member of the Group and none of the officers, employees or advisers of any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”) "), (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any other member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (B) we or and other members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youyou or any other person.
Appears in 2 contracts
Samples: Loan Agreement (Kosmos Energy Ltd.), Loan Agreement (Kosmos Energy Ltd.)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 neither weyou, nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of the Confidential Information or any such information; and
6.2 we you or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 2 contracts
Samples: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] [Note: delete if letter is sent out by the Seller rather than the Seller’s broker or agent] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Facilities Agreement (Octel Corp), Amendment and Restatement Agreement (Octel Corp)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/), Facility Agreement (Six Continents PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal]5 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Alstom), Revolving Credit Agreement (Alstom)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 neither weyou, nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of the Confidential Information or any such information; and
6.2 we you or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 2 contracts
Samples: Securitization Agreement (Encore Capital Group Inc), Senior Facility Agreement (Encore Capital Group Inc)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, we [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, for the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 we [or our principal]5 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD), Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]6 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Alstom), Subordinated Debt Facility Agreement (Alstom)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) ):
(i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or based; or
(ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Multicurrency Revolving Credit Facility Agreement (Misys PLC), Senior Subordinated Credit Agreement (Misys PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Facilities Agreement (Signet Jewelers LTD), Facilities Agreement (Cemex Sa De Cv)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person Person in respect of the Confidential Information or any such information; and
6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Project Facilities Agreement and Intercreditor Agreement (Pacific Drilling S.A.), Amendment and Restatement Agreement (Pacific Drilling S.A.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC), Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Facilities Agreement (Cemex Sab De Cv), Facility Agreement (CRH Public LTD Co)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Alstom), Revolving Credit Agreement (Alstom)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]/4/ or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (Sodexho Alliance S A)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (d) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (e) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Term and Revolving Facilities Agreement (Cellcom Israel Ltd.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter Agreement and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Revolving Credit Agreement (Alstom)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any Group Member or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any Group Member or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 we or members of the Group Members may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or Group Member may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal](d) nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”"RELEVANT PERSON") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal](4) or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc/Pa)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (Intercontinental Hotels Group PLC /New/)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”"RELEVANT PERSON") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Wassa Project Facility Agreement (Golden Star Resources LTD)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”"RELEVANT PERSON") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us - 107 - or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal](d) or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, we nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information, provided that this acknowledgment shall not limit our representations and warranties to you (if any) under the Facility Agreement or any other Finance Document; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (Huang Jianjun)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 32.1 neither we, we [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, for the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; andand 4 Delete if letter is sent out by the Seller rather than the Seller’s broker or agent.
6.2 32.2 we [or our principal]5 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of the Confidential Information or any such information; and
6.2 we (b) you or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] [Note: delete if letter is sent out by the Seller rather than the Seller's broker or agent] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facilities Agreement (Octel Corp)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 6.1. neither we, nor any member of the Group nor any member of the CME Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 6.2. we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Central European Media Enterprises LTD)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, [nor your principal]7 nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and
6.2 we (b) you [or your principal]7 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 6.1. neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”) (i) "):
6.1.1. make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based based, or (ii) 142
6.1.2. shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 6.2. we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 6.1. neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 6.2. we or members of the Group may be irreparably harmed by the breach of the terms of this letter Letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter Letter by you.
Appears in 1 contract
Samples: 364 Day Bridge Loan Agreement
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Consolidated Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Consolidated Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
: 6.1 neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
and 6.2 we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, [nor your principal]4 nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and
6.2 we (b) you [or your principal]9 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
Samples: Senior Credit Agreement (Kabel Deutschland Vertrieb Und Service GmbH & Co. KG)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, [nor your principal](4) nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and
6.2 we (b) you [or your principal](4) or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You you acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Credit Facility (Vivendi Universal)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any arty responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (iiB.) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Second Supplemental Facility Agreement (Paradigm Ltd.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Gallaher Group PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (Centerpulse LTD)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the Borrower or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or the Borrower or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 we or members of the Group Borrower may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or the Borrower may be granted an injunction interdict or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lesaka Technologies Inc)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, [nor your principal]4 nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and
6.2 we (b) you [or your principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
Samples: Senior Facilities Agreement (Nordic Telephone CO ApS)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal](d) nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal](4) or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: £200,000,000 Multi Currency Term, Revolving Credit Facilities Agreement (Iron Mountain Inc)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 we [or our principal] or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Senior Term Loan Facilities Agreement (Anooraq Resources Corp)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, we nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (Rio Tinto PLC)
No Representation; Consequences of Breach, etc. You you acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”"RELEVANT PERSON") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Credit Agreement (Vivendi Universal)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “" Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] 4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the Company or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or the Company or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group Company may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or the Company may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (TRM Corp)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each each, a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 6.1. neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 6.2. we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Bridge Credit Agreement (Twenty-First Century Fox, Inc.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor our principal nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or our principal or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) ” (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Syndicated Multi Currency Term Loan and Revolving Credit Facilities Agreement (Qiagen Nv)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 6.1. neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make makes any representation or warranty, express or implied, as to, or assume assumes any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 6.2. we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither we, you nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of the Confidential Information or any such information; and
6.2 we (b) you or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
Samples: Multicurrency Revolving Facilities Agreement (Carnival PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, we [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, for the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; andand AMENDED & RESTATED TERM & REVOLVING CREDIT FACILITY AGREEMENT_EXECUTION
6.2 we [or our principal]5 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Term and Revolving Credit Facilities Agreement (Sibanye Gold LTD)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”"RELEVANT PERSON") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Committed Multicurrency Revolving Facility Agreement (Marconi Corp PLC)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”"RELEVANT PERSON") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal](d) or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) )
(i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or or
(ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group we nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person or member of the Group may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facility Agreement (Midamerican Energy Holdings Co /New/)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group nor any holding company of any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) ): (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based based; or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 that neither we, we [nor our principal]5 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) ):
7.1 make any representation or warranty, express or implied, as to, or assume any responsibility for, for the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) or
7.2 shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 7.3 we [or our principal]6 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, [nor our principal] nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we [or our principal]5 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 neither we, we [nor our principal]4 nor any member of the Group nor any of our or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, for the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; andand 4 Delete if letter is sent out by the Seller rather than the Seller’s broker or agent.
6.2 we [or our principal]5 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
Samples: Common Terms Agreement (Net 1 Ueps Technologies Inc)
No Representation; Consequences of Breach, etc. You We acknowledge and agree that:
6.1 (a) neither weyou, [nor your principal]4 nor any member of the Group nor any of our your or their respective officers, employees or advisers (each a “Relevant Person”) (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us you or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and
6.2 we (b) you [or your principal]4 or members of the Group may be irreparably harmed by the breach of the terms of this letter hereof and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by youus.
Appears in 1 contract
No Representation; Consequences of Breach, etc. You acknowledge and agree that:
6.1 (a) neither we, nor any member of the Group Group, nor any of our or their respective officers, employees or advisers (each a “"Relevant Person”") (i) make any representation or warranty, express or implied, as to, or assume any responsibility for, the accuracy, reliability or completeness of any of the Confidential Information or any other information supplied by us or any member of the Group or the assumptions on which it is based or (ii) shall be under any obligation to update or correct any inaccuracy in the Confidential Information or any other information supplied by us or any member of the Group or be otherwise liable to you or any other person in respect of to the Confidential Information or any such information; and
6.2 (b) we or members of the Group may be irreparably harmed by the breach of the terms of this letter and damages may not be an adequate remedy; each Relevant Person may be granted an injunction or specific performance for any threatened or actual breach of the provisions of this letter by you.
Appears in 1 contract
