Misrepresentation or Breach. Any misrepresentation or breach of warranty of the Purchaser, or nonfulfillment of any obligation on the part of the Company (to be performed after the Closing) or the Purchaser under this Agreement, or contained in any Schedule or Exhibit to this Agreement or from any misrepresentation in or omission from any certificate, Schedule, Exhibit, related agreement or instrument delivered by or on behalf of the Purchaser hereunder.
Misrepresentation or Breach. By the Company, Shareholder, or Parent, if there has been a material misrepresentation or a material breach of a warranty or covenant herein or in any agreement required to be delivered pursuant hereto on the part of the other party hereto;
Misrepresentation or Breach. By the Buyer or the Seller if: (i) any representation or warranty of the other party in this Agreement shall be false, misleading or incorrect in any material respect; or (ii) the other party shall fail to perform any of its duties, obligations or covenants described in this Agreement by or within the required period, which failure to perform is not cured within ten (10) days after the non-defaulting party notifies the defaulting party in writing of such failure to perform.
Misrepresentation or Breach. By Sellers if there has been a material misrepresentation or a material breach of a warranty or covenant herein or in any agreement required to be delivered pursuant hereto on the part of the Buyer;
Misrepresentation or Breach. By either party hereto if there has been a misrepresentation or a breach of a representation, warranty or covenant herein or in any writing delivered pursuant hereto on the part of the other party;
Misrepresentation or Breach of warranty if any representation or warranty made or repeated, or any other written information given, by any of the Security Parties to the Banks or to the Agent in or leading up to or during the currency of any of the Security Documents, or in or pursuant to any notice or other document delivered to the Agent under or pursuant to any of the Security Documents, shall prove to have been false or incorrect or misleading in any material respect when made, repeated or given and is detrimental to the Agent and/or the Banks, and such misrepresentation remains uncured for a period of fifteen (15) Business Days after notice from the Agent; or
Misrepresentation or Breach. By the Purchaser or the Seller upon five (5) days' notice to the other if there has been a material misrepresentation or breach of warranty or covenant on the part of the other party and such breach has not been waived;
Misrepresentation or Breach. The Officers shall promptly deliver to the Company written notice of any event or development that would (a) render any statement, representation or warranty of Officers in this Agreement inaccurate or incomplete in any material respect or (b) constitute or result in a breach by the officers of, or a failure by them to comply with, any agreement or covenant in this Agreement applicable to such Party. No such disclosure shall be deemed to avoid or cure any such misrepresentation or breach.
Misrepresentation or Breach. Any misrepresentation or breach of warranty of the Seller or the Company, or nonfulfillment of any obligation on the part of the Company (to be performed prior to the Closing) (including, without way of limitation, the Company's obligation to pay in full the RTFC Note on or prior to the Closing) or the Seller under this Agreement, or contained in any Schedule or Exhibit to this Agreement or from any misrepresentation in or omission from any certificate, Schedule, Exhibit, related agreement, Financial Statement, Unaudited Financial Statement, or instrument delivered by or on behalf of the Seller or the Company hereunder.
Misrepresentation or Breach. Any misrepresentation or breach of warranty of the Seller or the Company, or nonfulfillment of any obligation on the part of either the Company (to be performed on or prior to the Closing) or the Seller under this Agreement, or contained in any Schedule or Exhibit to this Agreement delivered by the Seller or Company or from any misrepresentation in or omission from any certificate, Schedule, Exhibit, related agreement, financial statement, or instrument delivered by or on behalf of the Seller or the Company hereunder. By way of example and not limitation, the Seller shall indemnify the Purchaser and the Company to the extent the Company's accounts receivable set forth on Schedule 2.27 hereto are not collected as provided in Section 2.27 hereof and/or to the extent the Company's accounts payable are not fully and accurately set forth on Schedule 2.28 hereto. -55-
