Common use of Breach of Representations and Warranties Clause in Contracts

Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) shall be false or misleading in any material respect when made; or

Appears in 8 contracts

Samples: Note Purchase Agreement (Emagin Corp), Patent and Trademark Security Agreement (Emagin Corp), Emagin Corp

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Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto (or in connection herewith (including, without limitation, the pursuant to any Transaction Documents) shall be false or misleading in any material respect when made; or

Appears in 7 contracts

Samples: DecisionPoint Systems, Inc., Onstream Media CORP, Onstream Media CORP

Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction DocumentsNote Purchase Agreement) shall be false or misleading in any material respect when made; or;

Appears in 5 contracts

Samples: Ii Note Purchase Agreement (International Standards Group Limited), Note Purchase Agreement (International Standards Group Limited), Note Purchase Agreement (Cephalon Inc)

Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto (or in connection herewith (including, without limitation, the pursuant to any Transaction Documents) shall be false or misleading in any material respect when made; or

Appears in 5 contracts

Samples: Berliner Communications Inc, Berliner Communications Inc, Berliner Communications Inc

Breach of Representations and Warranties. Any representation or warranty of the Company or the Guarantors made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) shall be false or misleading in any material respect when made; or;

Appears in 2 contracts

Samples: Transmedia Asia Pacific Inc, Transmedia Asia Pacific Inc

Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) Purchase Agreement), shall be false or misleading in any material respect when made; ormade and the breach of which has (or with the passage of time will have) a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement.

Appears in 2 contracts

Samples: Exchange Agreement (Arkados Group, Inc.), Exchange Agreement (Arkados Group, Inc.)

Breach of Representations and Warranties. Any material representation or warranty of the Company made herein herein, or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) therewith shall be false or misleading in any material respect when made; ormisleading.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (American Water Star Inc), Convertible Note Purchase Agreement (American Water Star Inc)

Breach of Representations and Warranties. Any material representation or warranty of the Company made herein herein, in the Purchase Agreement or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) or therewith shall be false or misleading in any material respect when as of the date made; or.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Attitude Drinks Inc.), Asset Purchase Agreement (Attitude Drinks Inc.)

Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (includingherewith, without limitation, the Transaction Documents) shall be false or misleading in any material respect when made; ormade and the breach of which has (or with the passage of time will have) a material adverse effect on the rights of the Holder with respect to this Note.

Appears in 1 contract

Samples: Investment and Funding Agreement (Argentum 47, Inc.)

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Breach of Representations and Warranties. Any representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) shall be false or misleading in any material respect when made or deemed to be made; or

Appears in 1 contract

Samples: NewLead Holdings Ltd.

Breach of Representations and Warranties. Any material representation or warranty of the Company made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction DocumentsNote Purchase Agreement, the Transfer Agent Agreement and the Warrants) shall be false or misleading in any material respect when made; or

Appears in 1 contract

Samples: Note Purchase Agreement (Sugen Inc)

Breach of Representations and Warranties. Any representation any material representation, warranty or warranty of statement made by the Company made herein or the Subsidiary Guarantor hereunder, in any agreementAncillary Agreement, any certificate, statement or certificate given in writing document delivered pursuant hereto to the terms hereof, or in connection herewith (including, without limitation, with the Transaction Documents) shall transactions contemplated by this Agreement should at the time made be false or misleading in any material respect when made; orrespect;.

Appears in 1 contract

Samples: Artemis International Solutions Corp

Breach of Representations and Warranties. Any material representation or warranty of the Company Corporation made herein herein, in the Purchase Agreement, or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Transaction Documents) therewith shall be false or misleading in any material respect when made; ormisleading.

Appears in 1 contract

Samples: Securities Purchase Agreement (Cycle Country Accessories Corp)

Breach of Representations and Warranties. Any representation or warranty of the Company made herein herein, in any of the Transaction Documents or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, pursuant to the Transaction Documents) Line of Credit Agreement, the Security Agreement and the Warrants), shall be false or misleading in any material respect when mademade and the breach of which has a material adverse effect on the rights of the Holder with respect to this Note, the Line of Credit Agreement, the Security Agreement or the Warrants; or

Appears in 1 contract

Samples: Senior Secured Grid Note (Alternative Construction Company, Inc.)

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