Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.
Representations means the written Representations and Warranties provided by Borrower to Silicon referred to in the Schedule.
Warranties - means collectively any and all warranties (if any) given by the Bidder in terms of this agreement.
Special Representations has the meaning set forth in Section 8.1.
Limitation of Liability Insert the following Section 15, after Section 14:
Additional Representation has the meaning specified in Section 3.
Representation means any representation as to fact or law, including a representation as to the state of mind of—
Warranty means a warranty made solely by the manufacturer,
Perfection Representations means the representations, warranties and covenants set forth in Schedule 1 attached hereto.
Adequate Country means a country or territory that is recognized under Data Protection Laws from time to time as providing adequate protection for Personal Data;
Company Representations means the representations and warranties of the Company expressly and specifically set forth in Article IV of this Agreement, as qualified by the Schedules. For the avoidance of doubt, the Company Representations are solely made by the Company.
Continuing Disclosure Undertaking means the Continuing Disclosure Undertaking of the Issuer, in substantially the form attached hereto as Exhibit 1, dated the Closing Date, for the purpose of providing continuing disclosure information under Rule 15c2-12 adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as may be amended from time to time.
Adequate Assurance means:
Repeating Representations means each of the representations set out in Clause 19.1.1 (Status) to Clause 19.1.6 (Governing law and enforcement), Clause 19.1.10 (No default) to Clause 19.1.19 (Pari passu ranking) and Clause 19.1.25 (Sanctions).
Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.
Confidentiality Undertaking means a confidentiality undertaking in substantially the appropriate form recommended by the LMA from time to time or in any other form agreed between the Borrowers and the Facility Agent.
representation agreement means the written agreement between a money transfer service provider and a representative of the money transfer service provider that states the terms on which the representative offers the money transfer service within Australia;
Fundamental Representations and Warranties means the representations and warranties contained in Sections 3.1, 3.2, 3.6, 4.1 and 4.3.
Representations and Warranties The energy service under this Agreement will meet the applicable LDU’s standards and may be supplied from a variety of sources. Tomorrow Energy makes no representations or warranties other than those expressly set forth in this Agreement, and Tomorrow Energy expressly disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Adequate Assurance of Performance has the meaning given to it in Section 10.3.