Representation Default. Any representation or warranty made by ---------------------- Borrower in this Agreement shall prove to have been incorrect, untrue or misleading in any material respect when made.
Representation Default. If any one or more of the following ---------------------- events ("Events of Default") shall have occurred and be continuing:
(i) the Borrower shall fail to observe or perform any covenant or agreement contained in this Agreement other than that covered by Section 5.01(a) for 30 days after written notice thereof has been given to the Borrower by the Lender; or
(ii) the Borrower shall commence a voluntary case or other proceeding seeking liquidation, reorganization or other relief with respect to itself or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, or shall consent to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it, or shall make case or other proceeding commenced against it, or shall make a general assignment for the benefit of creditors, or shall fail generally to pay its debts as they become due, or shall take any corporate action to authorize any of the foregoing; or
(iii) an involuntary case or other proceeding shall be commenced against the Borrower seeking liquidation, reorganization or other relief with respect to it or its debts under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeking the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property, and such involuntary case or other proceeding shall remain undismissed and unstayed for a period of 60 days; or an order for relief shall be entered against the Borrower or any Subsidiary under the federal bankruptcy laws as now or hereafter in effect.
Representation Default. Any representation or warranty by CEMEX hereunder proves to have been incorrect in any material respect when made or deemed made;
Representation Default. Any representation or warranty made or deemed made by or on behalf of the Borrower or any Shareholder in any Financing Document proves to have been incorrect in any material respect when made or deemed made.
Representation Default. Any representation or warranty made or confirmed by the Company, Cyprus Amax, Cyprus Gold, any Shareholder or the Contractor in Article II, in any Financing Agreement, in any Project Agreement or in any request for a Disbursement under this Agreement or for a disbursement under the OPIC Finance Agreement shall have been false, incorrect or misleading in respect of a material fact when made or confirmed.
Representation Default. Any representation or warranty made or confirmed by the Company, Cyprus Amax, Cyprus Gold, any Shareholder or the Contractor in Article II, in any Financing Agreement, in any Project Agreement or in any request for a Disbursement under this Agreement or for a disbursement under the EBRD Loan Agreement shall have been false, incorrect or misleading in respect of a material fact when made or confirmed.
Representation Default. Any representation, warranty or certification made by the Company herein or in the Purchase Agreement or in any certificate, report, document, agreement or instrument delivered pursuant to any provision hereof or thereof shall prove to have been false or incorrect in any material respect on the date or dates as of which made (any such falsity being a “Representation Default”) and, to the extent the event or circumstances giving rise to such Representation Default is amenable to being cured such that the Representation Default would no longer exist, such Representation Default shall continue uncured for a period of ten (10) days after the Company knew or should have known, exercising reasonable diligence, of the event or circumstances giving rise to such Representation Default;
Representation Default. Any representation or warranty made by ----------------------- the Company in this Agreement, the Note, or in any certificate, notification or report furnished hereunder, proves to have been incorrect or misleading in any material respect when made or renewed and is material to the ability of the Company to perform its obligations under this Agreement or the Note.
Representation Default. Any representation or warranty made by the Borrower in any of the Loan Documents or in any certification, financial statement or document issued pursuant thereto or otherwise in connection therewith shall prove to have been untrue, incorrect or misleading in any material respect as reasonably determined by the Lenders as of the time it was made or deemed to have been made or is violated or not complied with except for clerical or typographical error or honest mistake.
Representation Default. Any representation or warranty made or confirmed by the Company, Kinross, Kinam Gold, Kinam Magadan or the Contractor in Article II, in any Financing Agxxxxxxx, xx xny Project Agreement shall have been false, incorrect or misleading in respect of a material fact when made or confirmed.
