Willful Misrepresentation definition

Willful Misrepresentation means an intentional misrepresentation with the intent to deceive.
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Willful Misrepresentation means that an action or omission that constitutes a breach of a representation or warranty that was taken or omitted to be taken for the purpose of misleading the party to whom such representation or warranty was made and was not merely a volitional action or omission.
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Willful Misrepresentation means that, to the actual knowledge of any of the Company Knowledge Parties, a representation or warranty, covenant or agreement of the Company contained in this Agreement or any other agreement or instrument furnished by the Company to Parent pursuant to this Agreement was in incorrect at the time such representation or warranty, covenant or agreement was made; provided that, with respect to covenants or agreements, a Company Knowledge Party must have actual knowledge of such covenant or agreement and knowingly take an action, or omit to take an action, in contravention of such covenant or agreement with the intent to avoid compliance with such covenant or agreement.
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Examples of Willful Misrepresentation in a sentence

  • Read More AFFECTED SECTIONS 9 USCIS-PM B - Part B - Extreme Hardship POLICY ALERT - Fraud and Willful Misrepresentation Grounds of Inadmissibility March 25, 2014 U.S. Citizenship and Immigration Services (USCIS) is issuing guidance on the fraud and willful misrepresentation grounds of inadmissibility under INA 212(a)(6)(C)(i) and the corresponding waiver under INA 212(i).

  • Read More AFFECTED SECTIONS 8 USCIS-PM J - Part J - Fraud and Willful Misrepresentation 9 USCIS-PM G - Part G - Waivers for Fraud or Willful Misrepresentation POLICY ALERT - Health-Related Grounds of Inadmissibility and Waivers January 28, 2014 U.S. Citizenship and Immigration Services (USCIS) is issuing guidance in the USCIS Policy Manual on the health-related grounds of inadmissibility under INA 212(a)(1) and corresponding waivers under INA 212(g).

  • The summary provides available data for the Nisga’a Villages of Laxgalts’ap (Greenville), Gingolx (f Kincolith), Gitwinksihlkw (Canyon City), and Gitlaxt’aamiks (New Aiyansh).

  • LI WEN HUANG; on December 1, 1998, LI WEN HUANG was arrested by what was formerly the Immigration and Naturalization Service (“INS”) for Willful Misrepresentation of a Material Fact and Immigrant Not in Possession of Valid Entry Documents.

  • Notwithstanding anything contained herein to the contrary, nothing herein shall limit the recovery amount against an Indemnifying Holder for such Indemnifying Holder's fraud or Willful Misrepresentation.

  • Except in the case of Fraud, Willful Breach or Willful Misrepresentation, the maximum aggregate liability of Buyer and Merger Sub under this Agreement shall be the amount of the Merger Consideration that is actually due and payable pursuant to this Agreement.

  • For the avoidance of doubt, any amount that Seller shall be obligated to pay the Parent Indemnitees under Section 8.2(a) (other than with respect to claims relating to the Fundamental Representations or in the event of fraud or Willful Misrepresentation on the part of a Seller Group Party) shall be satisfied exclusively by the amounts then remaining in the Escrow Fund.

  • Except in the case of Fraud or Willful Misrepresentation, the maximum aggregate Liability of the Parent and Merger Sub under this Agreement shall be the amount of the Merger Consideration that is actually due and payable pursuant to this Agreement.

  • If Purchaser discovers that any representation made above is a Willful Misrepresentation or a Material Misrepresentation, Purchaser shall promptly notify Seller thereof and Seller shall have the right to take such action as is necessary to make such representation correct in all material respects.

  • See Volume 8: Admissibility, Part J, Fraud and Willful Misrepresentation [8 USCIS-PM J].


More Definitions of Willful Misrepresentation

Willful Misrepresentation means that an action or omission that constitutes a breach of a representation or warranty was taken or omitted to be taken for the purpose of misleading the party to whom such representation or warranty was made and was not merely a volitional action or omission.
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Willful Misrepresentation means the act of an intentional misrepresentation, deceit, or concealment with the intention or with reckless disregard for the probable result of depriving a Person of property or legal rights or otherwise causing injury.
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Willful Misrepresentation simply means a false statement made intentionally, not inadvertently.
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Willful Misrepresentation. (instead of "material misrepresentation"; (ii) "failure to apply any rents, royalties, accounts, revenues, income, issues, profits and other benefits form the [Mortgaged] Property which are collected or received by the [Mortgagor] during the period of any default or after acceleration of any indebtedness and other sums owing under the [Mortgage] Loan documents to the payment of either (a) such indebtedness or other sums or (b) the normal and necessary operating expenses of the [Mortgaged] Property [and] failure to deliver any insurance proceeds or condemnation awards or any security deposits received by the [Mortgagor] to lender or to otherwise apply such sums as required under the terms of the [Mortgage] Loan documents or any other instrument now or hereafter security the [Mortgage] Note" (instead of "misapplication or misappropriation of rents, insurance proceeds "); and (iii) "a material physical waste of the [Mortgage] Property" (instead of "any act of actual waste"). There is no individual or entity other than the Mortgagor who is liable for the environmental non-recourse carveout. --------------------------------------------------------------------------------
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Related to Willful Misrepresentation

  • Misrepresentation has the meaning ascribed thereto in the Securities Act;

  • Willful Breach means a material breach that is a consequence of an act undertaken or a failure to act by the breaching party with the knowledge that the taking of such act or such failure to act would, or would reasonably be expected to, constitute or result in a breach of this Agreement.

  • Fraud means any offence under laws creating offences in respect of fraudulent acts or at common law in respect of fraudulent acts in relation to the Contract or defrauding or attempting to defraud or conspiring to defraud the Crown.

  • Intentional for purposes of this Agreement, no act or failure to act on the part of the Executive shall be deemed to have been intentional if it was due primarily to an error in judgment or negligence. An act or failure to act on the Executive’s part shall be considered intentional if it is not in good faith and if it is without a reasonable belief that the action or failure to act is in the best interests of the Bank.

  • Willful Misconduct means any act or failure to act with an intentional disregard of any provision of this Agreement, which a party knew or should have known if it was acting as a reasonable person, which would result in injury, damage to life, personal safety, real property, harmful consequences to the other party, but shall not include any error of judgment or mistake made in good faith.

  • Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.

  • Willful means any act or omission by the Executive that was in good faith and with a reasonable belief that the action or omission was in the best interests of the Company or its affiliates. Any act or omission based upon authority given pursuant to a duly adopted Board resolution, or, upon the instructions of any senior officer of the Company, or based upon the advice of counsel for the Company will be conclusively presumed to be taken or omitted by the Executive in good faith and in the best interests of the Company and/or its affiliates.

  • Wilful Misconduct means intentional disregard of good and prudent standards of performance or proper conduct under the Contract with knowledge that it is likely to result in any injury to any person or persons or loss or damage of property.

  • Willful and Material Breach means a material breach that is a consequence of an act undertaken by the breaching party or the failure by the breaching party to take an act it is required to take under this Agreement, with knowledge that the taking of or failure to take such act would, or would reasonably be expected to, result in, constitute or cause a breach of this Agreement.

  • Negligence means the failure to exercise "Reasonable Care".

  • Wilful Default means a deliberate act or omission which will result in (and can reasonably be expected to have been intended to result in) a breach of this Agreement and which, as soon as practicable, but in any event within 30 days after written notice (particularising the alleged breach) is given to the party alleged to be in default, is not either:

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Material Breach means a breach by either Party of any of its obligations under this Agreement which has or is likely to have a Material Adverse Effect on the Project and which such Party shall have failed to cure.

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Sexual misconduct means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialogue, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Intentional Wrongdoing means an act or omission taken or omitted by a Party with knowledge or intent that injury or damage could reasonably be expected to result.

  • Gross Negligence means any act or failure to act (whether sole, joint or concurrent) by a person or entity which was intended to cause, or which was in reckless disregard of or wanton indifference to, avoidable and harmful consequences such person or entity knew, or should have known, would result from such act or failure to act. Notwithstanding the foregoing, Gross negligence shall not include any action taken in good faith for the safeguard of life or property.

  • Official misconduct means a notary's performance of any act prohibited or failure to perform any act mandated by this chapter or by any other law in connection with a notarial act.

  • Misconduct means the commission of any act of fraud, embezzlement or dishonesty by the Optionee or Participant, any unauthorized use or disclosure by such person of confidential information or trade secrets of the Corporation (or any Parent or Subsidiary), or any other intentional misconduct by such person adversely affecting the business or affairs of the Corporation (or any Parent or Subsidiary) in a material manner. The foregoing definition shall not in any way preclude or restrict the right of the Corporation (or any Parent or Subsidiary) to discharge or dismiss any Optionee, Participant or other person in the Service of the Corporation (or any Parent or Subsidiary) for any other acts or omissions, but such other acts or omissions shall not be deemed, for purposes of the Plan, to constitute grounds for termination for Misconduct.

  • Falsification means manipulating research materials, equipment, or processes, or changing or omitting data or results such that the research is not accurately represented in the research record.

  • Breach means an impermissible use or disclosure of electronic or non-electronic sensitive personal information by an unauthorized person or for an unauthorized purpose that compromises the security or privacy of Confidential Information such that the use or disclosure poses a risk of reputational harm, theft of financial information, identity theft, or medical identity theft. Any acquisition, access, use, disclosure or loss of Confidential Information other than as permitted by this DUA shall be presumed to be a Breach

  • Malfeasance means with respect to any Entity or person, any act or omission which constitutes fraud, bad faith, willful misconduct or gross negligence, whether in respect of the Council or otherwise.

  • Omission is the failure to submit part or all of the information or documentation required in the tendering document.

  • Excluded Representations means the representations and warranties set forth in clause (iii) of Section 4.01(e) and in Section 4.01(f).

  • Reckless means a situation in which the defendant was aware of the risk created by his conduct and the risk was of such a nature and degree that to disregard that risk constituted a gross deviation from the standard of care that a reasonable person would exercise in such a situation. "Reckless" includes all, or nearly all, convictions for involuntary manslaughter under 18 U.S.C. § 1112. A homicide resulting from driving a means of transportation, or similarly dangerous actions, while under the influence of alcohol or drugs ordinarily should be treated as reckless.