Common use of No Representation; Consequences of Breach, etc Clause in Contracts

No Representation; Consequences of Breach, etc. You acknowledge and agree that: (a) neither we nor any member of the Borrower Group nor any of our or their respective officers, employees, affiliates 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 the Confidential Information or any such information; and (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 may be granted an injunction or specific performance for any threatened or actual breach by you of the provisions of this letter. If you become a party to the Finance Documents, the terms of paragraph (a) above are without prejudice to your right to enforce and enjoy any term of any Finance Document on and from the date on which you become a party to the Finance Documents.

Appears in 3 contracts

Samples: Facility Agreement (Alibaba Group Holding LTD), Facility Agreement (Alibaba Group Holding LTD), Facilities Agreement (Alibaba Group Holding LTD)

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No Representation; Consequences of Breach, etc. You acknowledge and agree that: (a) neither we nor any member of the Borrower Company Group nor any of our or their respective officers, employees, affiliates or advisers (each a Relevant Person) (i) make any representation or warranty, express or implied, as to, or assume 113 = NUMPAGES 135-2 133 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 Company 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 Company Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; and (b) we or members of the Borrower Company 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 by you of the provisions of this letter. If you become a party to the Finance Documents, the terms of paragraph (a) above are without prejudice to your right to enforce and enjoy any term of any Finance Document on and from the date on which you become a party to the Finance Documents.

Appears in 1 contract

Samples: Facility Agreement (Alibaba Group Holding LTD)

No Representation; Consequences of Breach, etc. You acknowledge and agree that: (a) neither we nor any member of the Borrower Group nor any of our or their respective officers, employees, affiliates 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 the Confidential Information or any such information; and (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 may be granted an injunction or specific performance for any threatened or actual breach by you of the provisions of this letter. If you become a party to the Finance Documents, the terms of paragraph (a) above are without prejudice to your right to enforce and enjoy any term of any Finance Document on and from the date on which you become a party to the Finance Documents.

Appears in 1 contract

Samples: Facility Agreement (Alibaba Group Holding LTD)

No Representation; Consequences of Breach, etc. You acknowledge and agree that: (a) neither we nor any member of the Borrower Company Group nor any of our or their respective officers, employees, affiliates 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 Company 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 Company Group or be otherwise liable to you or any other person in respect of the Confidential Information or any such information; andand ​ (b) we or members of the Borrower Company 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 by you of the provisions of this letter. If you become a party to the Finance Documents, the terms of paragraph (a) above are without prejudice to your right to enforce and enjoy any term of any Finance Document on and from the date on which you become a party to the Finance Documents.. ​

Appears in 1 contract

Samples: Facility Agreement (Alibaba Group Holding LTD)

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No Representation; Consequences of Breach, etc. You We acknowledge and agree that: (a) neither we you, [nor your principal]4 nor any member of the Borrower Group nor any of our your or their respective officers, employees, affiliates 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 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 or any member of the Borrower Group you or be otherwise liable to you us or any other person in respect of to the Confidential Information or any such information; and; (ba) we you [or your principal]4 or members of the Borrower 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 by you of the provisions of this letter. If letter by us; (b) you become a party or members of the Group shall be entitled to the Finance Documents, exercise any rights at law or in equity in respect of any breach of the terms hereof;and (c) the members of paragraph (a) above the Group are without prejudice to your right to expressly made third party beneficiaries of this letter, may enforce its terms and enjoy recover damages for any term of any Finance Document on and from the date on which you become a party to the Finance Documentsbreach.

Appears in 1 contract

Samples: Fifth Amendment Agreement (Kronos International Inc)

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