Breach of Covenant, Representation or Warranty Sample Clauses
The Breach of Covenant, Representation or Warranty clause defines the consequences and remedies available when a party fails to fulfill a promise, misstates a fact, or violates a guarantee made in the agreement. In practice, this clause typically outlines what constitutes a breach, the process for notifying the breaching party, and the rights of the non-breaching party, such as seeking damages or terminating the contract. Its core function is to allocate risk and provide a clear framework for addressing failures to meet contractual obligations, thereby protecting the interests of all parties involved.
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Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement or the Security Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five (5) Business Days, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement or the Security Agreement, shall prove to have been false or misleading in any material respect when made.
Breach of Covenant, Representation or Warranty. (A) Either (x) a default in the observance or performance of any covenant or agreement of the Borrower made in this Agreement (other than a covenant or agreement, a default in the observance or performance of which is specifically covered elsewhere in this Section 6.1) or (y) any representation or warranty of the Borrower made in this Agreement or in any certificate or other document delivered in connection with this Agreement proves to have been incorrect in any material respect as of the time made and, in each case, and (B)(x) the Lender is materially and adversely affected by such default or the incorrectness of such representation or warranty, as the case may be, and (y) such default or incorrectness is not cured on or before the sixtieth (60th) day after the Borrower received a notice from the Lender that states that it is a “Notice of Default” and specifies the default.
Breach of Covenant, Representation or Warranty. The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within five (5) Business Days, or any representation or warranty made or deemed made by any of them under or in connection with this Agreement shall prove to have been false or misleading in any material respect when made.
Breach of Covenant, Representation or Warranty. Borrower’s failure to perform or observe, in a due and timely manner, any of the other material terms, provisions, covenants, conditions, agreements or obligations contained herein or in any other agreement, contract, indenture, document or instrument executed, or to be executed, by Borrower in connection with this Agreement or pursuant hereto (i.e., other than those subject to the immediately preceding subparagraph 11.1.2);
Breach of Covenant, Representation or Warranty. (i) The failure of Borrower to perform or observe any covenant, condition or agreement contained in this Agreement (other than the payment obligations, the breach of which shall be governed by subsection (a) above) where such failure is not cured within fifteen (15) Business Days after receipt of written notice thereof from Agent (except that no notice shall be required in the case of Borrower's obligations pursuant to Section 4(e)), or any representation or warranty made or deemed made by Borrower under or in connection with this Agreement shall prove to have been false or misleading in any material respect when made; or (ii) the failure of Guarantor to perform or observe any covenant, condition or agreement contained in the Guaranty or the applicable Subsidiary under the Security Agreements, where such failure is not cured within fifteen (15) Business Days after receipt of written notice thereof from Agent, or any representation or warranty made or deemed made by Guarantor under or in connection with the Guaranty or the applicable Subsidiary under the Security Agreements, shall prove to have been false or misleading in any material respect when made.