Breach of Agreement; Repudiation of Agreement; Misrepresentation; Default Under Specified Transaction. Merger without Assumption. Sections 5(a)(ii), (iv), (v) and (viii) will apply to Party A and will not apply to Party B.
EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT The Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions (each a “Material Breach”):