Specified Breach definition

Specified Breach shall have the meaning given to that term in Clause 8.7(i)(i);

Specified Breach means (i) any inaccuracy in or breach of any representation or warranty set forth in Section 2.3 or Section 2.26 as of the date of this Agreement (without giving effect to any materiality qualification or similar qualification contained or incorporated directly or indirectly in such representation or warranty) and (ii) any shortfall in the amount of the Company Transaction Expense Amount reported on the certificate delivered pursuant to Section 5.5(f), such that the actual Company Transaction Expense Amount exceeds the aggregate amount reported on such certificate (it being understood that the amount of such excess shall be deemed “Damages” for all purposes of this Agreement).

Specified Breach has the meaning specified for that term in Section 3.1(a).

Examples of Specified Breach in a sentence

• If Employee fails to inform the Company of any new employment (a “Specified Breach”), and the Company continues to pay Employee under this section, the Company reserves the right to seek reimbursement of payments from Employee above minimum wage for the period following his Specified Breach.

• The Forbearing Parties have not waived, are not by this Agreement waiving, and have no intention of waiving, any Specified Breach, the Specified Termination Events, any other breach of any Transaction Document or any Termination Events which may be continuing on the date hereof or any breach of any Transaction Document or any Termination Events which may occur after the date hereof (whether the same or similar to the Specified Breaches or the Specified Termination Events or otherwise).

• For greater certainty, the provisions of this Section 7.5(d) shall not apply to any Breach of Representation other than a Between Closing Specified Breach.

• This specific waiver applies only to the Specified Breach and only for the express circumstances described above.

• Pursuant to Section 122(17) of the Delaware General Corporation Law, the Company renounces any interest or expectancy of the Company in, or being offered an opportunity to participate in, business opportunities that are presented to one or more of the Specified Breach Directors other than any business opportunities that are presented to any such Specified Breach Director solely in their capacity as a director of the Company.

More Definitions of Specified Breach

Specified Breach shall have the meaning ascribed to it in Section 7(b).

Specified Breach has the meaning set forth in the Recitals.

Specified Breach shall have the meaning provided in Section 4.3 of this Agreement.

Specified Breach means FPL's or the Company's non-compliance with the provisions of Articles 112A and 150A (Fundamental Issues), Article 194 (Indemnification), or any breach of Warranties of FPL and/or the Company

Specified Breach means the occurrence of an Event of Default under Sections 8.1, 8.2, 8.13 or 8.14 hereof which is not otherwise waived by the affected Lenders or cured within any applicable cure or grace period.

Specified Breach means a breach of a representation or warranty ---------------- contained in this Agreement (i) first occurring after the date hereof, (ii) caused by an event or circumstance first occurring after the date hereof outside of the breaching party's control, direction and ability to cure, and (iii) in respect of which the breaching party had no knowledge of the likelihood of occurrence prior to the date hereof (e.g., an act of God). A Specified Breach shall not include, in any event, a material breach of a representation or warranty as of the date of this Agreement.

Specified Breach means the failure by NYNEX to meet the incident-based or parity-based Liquidated Damages performance standards set forth herein or in Attachment SQfor any of the Specified Activities as defined below.