Breach of Representation, Warranty or Covenant. Within 90 days of the earlier of discovery by the Depositor or receipt of notice by the Depositor of a breach of any representation or warranty of the Depositor set forth in Section 2.03 that materially and adversely affects the interests of the Certificateholders of a given Series, the Depositor shall cure such breach in all material respects.
Breach of Representation, Warranty or Covenant. Any Event of Loss or Loss arising from any breach of a representation, warranty or covenant of Parent or Sub set forth in this Agreement.
Breach of Representation, Warranty or Covenant. Each party to this Agreement shall defend, indemnify and hold harmless the other party and each of its officers, directors, employees and agents (each, an "Indemnitee") against and in respect of any loss, debt, liability, damage, obligation, claim, demand, judgment or settlement of any nature or kind, known or unknown, liquidated or unliquidated, including without limitation all reasonable costs and expenses incurred (legal, accounting or otherwise) (collectively "Damages") arising out of, resulting from or based upon any claim, action or proceeding by any third party alleging facts or circumstances constituting a breach of the representations and warranties of this Section 5 made by such indemnifying party (the "Indemnifying Party").
Breach of Representation, Warranty or Covenant. By either Party hereto, ----------------------------------------------- in the event of a breach by the other Party (a) of any covenant or agreement contained herein or (b) of any representation or warranty herein, if (i) the facts constituting such breach reflect a material and adverse change in the financial condition, results of operations, business, or prospects taken as a whole, of the breaching Party, which in either case cannot be or is not cured within sixty (60) days after written notice of such breach is given to the Party committing such breach, or (ii) in the event of a breach of a warranty or covenant, such breach results in a material increase in the cost of the non-breaching Party's performance of this Agreement;
Breach of Representation, Warranty or Covenant. Any Event of Loss or Loss arising from any breach of a representation, warranty or covenant of FHVHC set forth in this Agreement.
Breach of Representation, Warranty or Covenant. If Indemnitor violates or fails to comply with any covenant or agreement contained herein or any representation or warranty contained herein shall be false or misleading, or erroneous in any material respect.
Breach of Representation, Warranty or Covenant. Any Event of Loss or Loss arising from any breach of a representation, warranty or covenant of Company set forth in this Agreement. NuGene, Inc. /Bling Markering, Inc. Agreement and Plan of Merger
Breach of Representation, Warranty or Covenant. A material ---------------------------------------------- breach by the Company of its covenants or any representation or warranty set forth in Section 6 shall prove to have been false in any material --------- respect upon the date when made or thereafter.
Breach of Representation, Warranty or Covenant. Within 90 days of the earlier of discovery by the Depositor or receipt of notice by the Depositor of a breach of any representation or warranty of the Depositor set forth in Section 2.4 that materially and adversely affects the interests of the Certificateholders of a given Series of Certificates, the Depositor shall cure such breach in all material respects; PROVIDED THAT, a breach by the Depositor of its representation and warranty in Section 2.4(e) shall be cured by a repurchase or substitution of such Underlying Security in the manner prescribed by Section 2.3 of this Agreement.
Breach of Representation, Warranty or Covenant. Upon discovery of a breach of any of the representations and warranties set forth in Section 4.1 or 4.2 hereof, or the covenants set forth in Section 4.3 hereof, the party discovering such breach shall give written notice to the other. Correspondent shall have thirty (30) days following its discovery or its receipt of notice of any such breach from Purchaser, to cure such beach to the reasonable satisfaction of Purchaser. If in the reasonable judgment of Purchaser such breach cannot be cured within such thirty (30) day period, or is incapable of being cured, Correspondent shall, at the request of Purchaser, proceed to repurchase the affected Loan or Property, if title thereto is being held by Purchaser, at the related Repurchase Price. In addition to such repurchase, Purchaser is entitled to indemnification pursuant to Section 5.5 hereof.
