Common use of Notice of Breaches Clause in Contracts

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, Purchaser shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed heretoin the Registration Rights Agreement, as well as any events or occurrences arising after the date hereofhereof and prior to the Closing Date, which would could reasonably be likely to cause any representation, covenant, representation or warranty or other agreement of such party, as the case may be, contained in this Agreement herein or any Exhibit annexed hereto, therein to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained herein or in this the Registration Rights Agreement. Neither the Company, any Subsidiary nor the Purchaser will take, or agree to commit to take, any action that is intended to make any representation or warranty of the Company or the Purchaser, as the case may be, contained herein or in the Registration Rights Agreement or inaccurate in any Exhibit annexed heretorespect at the Closing Date. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor the Purchaser of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, of the Transaction Documents violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor the holders of the Shares a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, Purchasers shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed heretoin the Registration Rights Agreement, as well as any events or occurrences arising after the date hereofhereof and prior to, with respect to the Series C Closing, the Series C Closing Date, with respect to the Series D Closing, the Series D Closing Date and with respect to the Series E Closing, the Series E Closing Date which would reasonably be likely to cause any representation, covenant, representation or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, herein to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section 3.16 shall be deemed to cure any breach of any representation, warranty or other agreement contained herein or in this Agreement or any Exhibit annexed heretothe Registration Rights Agreement. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor Purchaser of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated hereby and by this the Registration Rights Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor the holders of the Shares a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors Investor on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each the Investor of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each the Investor a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors Investor on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each the Investor of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors Investor on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each the Investor of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each the Investor a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company Interiors on the one hand, and the Investors Holder on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company Interiors shall promptly notify each Investor the Holder of any notice or claim (written or oral) that it receives from any lender of the Company Interiors to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the CompanyInteriors, and the Company Interiors shall promptly furnish by facsimile to each Investor the Holder a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, Purchaser shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed heretothe Transaction Documents, as well as any events or occurrences arising after the date hereofhereof and prior to the Closing Date, which would could reasonably be likely to cause any representation, covenant, representation or warranty or other agreement of such party, as the case may be, contained in this Agreement herein or any Exhibit annexed hereto, therein to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained herein or in this Agreement the other Transaction Documents. Neither the Company, any Subsidiary nor the Purchaser will take, or agree to commit to take, any Exhibit annexed heretoaction that is intended to make any representation or warranty of the Company or the Purchaser, as the case may be, contained herein or in the other Transaction Documents or in the Statements of Rights and Preferences inaccurate in any respect at such Closing Date. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor the Purchaser of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, the Transaction Documents violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor the holders of the Shares and Warrants a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors Investor on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, representation or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each the Investor of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each the Investor a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor the Investors of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor the Investors a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such datebreached. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor the Investors of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor the Investors a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and ------------------ the Investors Investor on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each the Investor of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each the Investor a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, Purchasers shall give ------------------ prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or in any Exhibit annexed heretoother Transaction Document, as well as any events or occurrences arising after the date hereofhereof and prior to, with respect to the First Tranche Closing, the First Tranche Closing Date, with respect to the Second Tranche Closing, the Second Tranche Closing Date and with respect to the Third Tranche Closing, the Third Tranche Closing Date which would reasonably be likely to cause any representation, covenant, representation or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, herein to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section 4.9 shall be deemed to cure any breach of any representation, warranty or other agreement contained herein or in this Agreement or any Exhibit annexed heretoother Transaction Documents. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor Purchaser of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated hereby and by this Agreement or any Exhibit annexed hereto, violates other Transaction Documents or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor the holders of the Shares a copy of any written statement in support of or relating to such claim or notice.

Notice of Breaches. Each of the Company on the one hand, and the Investors on the other, shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto, as well as any events or occurrences arising after the date hereof, which would reasonably be likely to cause any representation, covenant, or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, to be incorrect or breached as of such dateClosing Date. However, no disclosure by either party pursuant to this Section shall be deemed to cure any breach of any representation, warranty or other agreement contained in this Agreement or any Exhibit annexed hereto. Notwithstanding the generality of the foregoing, the Company shall promptly notify each Investor and the Placement Agent of any notice or claim (written or oral) that it receives from any lender of the Company to the effect that the consummation of the transactions contemplated by this Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the Company, and the Company shall promptly furnish by facsimile to each Investor and the Placement Agent a copy of any written statement in support of or relating to such claim or notice.. Section 6.18

Notice of Breaches. Each of the The Company on the one hand, and the Investors on the other, Purchaser shall give prompt written notice to the other of any breach by it of any representation, covenant, warranty or other agreement contained in this Agreement or any Exhibit annexed heretoin the Registration Rights Agreement, as well as any events or occurrences arising after the date hereofhereof and prior to the Closing, which would reasonably be likely to cause any representation, covenant, representation or warranty or other agreement of such party, as the case may be, contained in this Agreement or any Exhibit annexed hereto, herein to be incorrect or breached as of the Closing Date provided such datenotice will not constitute material non-public information. However, no disclosure by either party pursuant to this Section 3.7 shall be deemed to cure any breach of any representation, warranty or other agreement contained herein or in this Agreement or any Exhibit annexed heretothe Registration Rights Agreement. Notwithstanding the generality of the foregoingSection 3.7(a), the Company shall promptly notify each Investor notify, provided such notification will not constitute material non-public information, the Purchaser of any notice or claim (written or oral) that it receives from any lender of the Company or any Subsidiary to the effect that the consummation of the transactions contemplated hereby and by this the Registration Rights Agreement or any Exhibit annexed hereto, violates or would violate any written agreement or understanding between such lender and the CompanyCompany or any Subsidiary, and the Company shall promptly furnish by facsimile to each Investor the Purchaser a copy of any written statement in support of or relating to such claim or notice.