No Failure To Disclose Clause Examples

The "No Failure To Disclose" clause establishes that each party affirms it has not withheld any material information relevant to the agreement. In practice, this means both parties are required to fully disclose all facts or circumstances that could affect the other party’s decision to enter into or perform under the contract. This clause helps ensure transparency and trust between the parties, reducing the risk of disputes arising from hidden information or misrepresentation.
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No Failure To Disclose. No representation or warranty made by Borrower or any other Obligated Party under this Agreement or any other Loan Document, and no document, instrument or certificate furnished, to be furnished or caused or to be furnished by Borrower or any other Obligated Party to Bank in anticipation of or pursuant to this Agreement or any other Loan Document, contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained therein not misleading.
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No Failure To Disclose. No representation or warranty made by Borrower under this Agreement and no document, instrument or certificate furnished, to be furnished or caused to be furnished by Borrower or Guarantor to Lender in anticipation of or pursuant to this Agreement contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained therein not misleading.
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No Failure To Disclose it has not withheld from the Lender any information which could reasonably be expected to be material to the decision of the Lender to enter into the Transaction Documents to which the Lender is a party;
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No Failure To Disclose it has fully disclosed in writing to the Lender all information (and provided copies of all relevant documents) material to: (i) the Finance Documents (ii) its business, operation, property, assets, condition (financial or otherwise) or prospects; (iii) in its reasonable opinion, the Lender’s assessment of the nature and amount of risk undertaken by the Lender in connection with the Finance Documents; and (iv) in its reasonable opinion, the Lender’s interests, rights and benefits (present and future) under the Finance Documents, and all such information and documents provided remain true, accurate and complete in all respects.
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No Failure To Disclose. Xxxxxx Xxxxxx has not failed to disclose to Acquisition any material agreement, arrangement, event or occurrence, or threatened or anticipated event or occurrence known to Xxxxxx Xxxxxx, which would or might reasonably be deemed to have a material and adverse effect on the
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No Failure To Disclose. Audits has not failed to disclose to Acquisition any agreement, arrangement, event or occurrence, or threatened or anticipated event or occurrence known to Audits, which would or might reasonably be deemed to have a Material Adverse Effect. All information furnished to Acquisition pursuant to or in connection with this Agreement is correct and complete in all material respects as of the date hereof. No representation or warranty of Audits and no information furnished by or on behalf of Audits to Acquisition or its affiliates or agents pursuant to or in connection with this Agreement contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary in order to make the statements contained herein or therein not misleading.
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No Failure To Disclose. Neither Borrower nor Guarantor shall have ---------------------- failed to disclose to Lender any material information and no material information supplied by Borrower or Guarantor shall be found to be misleading, misrepresented or materially incorrect.
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No Failure To Disclose. To the Knowledge of Sellers, there is no fact which has not been disclosed to Purchaser which has a Material Adverse Effect on any Seller, its Subsidiaries, or the Business or could reasonably be anticipated to have a Material Adverse Effect on any Seller, its Subsidiaries, or the Business. Notwithstanding any right of Purchaser fully to investigate the affairs of Sellers, and notwithstanding any knowledge of facts determined or determinable by Purchaser pursuant to such investigation or right of investigation, Purchaser has the right to rely fully upon the representations and warranties of Sellers contained herein, in the exhibits or the Disclosure Schedules attached hereto or in any other document delivered in connection with the transactions contemplated hereby.
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No Failure To Disclose it has not withheld from the Lender any information which a reasonable person in the Obligor's position would consider material to enter into this agreement or, subject to satisfaction of the Conditions Subsequent, any other Transaction Document;
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Related to No Failure To Disclose

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • FAILURE TO REMEDY If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Services, or IT Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser will offset the costs incurred from amounts owing to Contractor.

  • Failure or Indulgence Not Waiver; Remedies Cumulative No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant or agreement herein, nor shall nay single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

  • Borrower’s Failure to Notify If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Eurodollar Loans before the last day of its then current Interest Period within the period required by Section 1.6(a) and such Borrowing is not prepaid in accordance with Section 1.8(a), the Borrower shall be deemed to have given the notice three (3) Business Days prior to the end of the then current Interest Period and such Borrowing shall automatically be continued as a Borrowing of a Eurodollar Loan with a one (1) month Interest Period; provided that all Lenders are able to accommodate such one (1) month Interest Period and such Eurodollar Loan shall be subject to the funding indemnity set forth in Section 1.11 hereof in the event it is prepaid prior to the end of the Interest Period. In the event the Borrower fails to give notice pursuant to Section 1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the Revolving Credit (or at the option of the Swing Line Lender under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.