Breach of the Contract. 34 I found that the Defendant was not in breach of clause 9.4.16, under which the Defendant had warranted that all information conveyed to the Plaintiff was true when given and at the time of the contract. That clause only covered information conveyed by matters expressly mentioned in the contract, and did not extend to statements 10A and 10B, which were communicated at the Presentation only. 35 The claim for breach by the Plaintiff was founded on clause 9.4.16, which read: All information given to the Investor [ie, the Plaintiff] and its advisors by the Company [ie, the Defendant], its officers, employees and advisers was when given and is at the date hereof true and accurate.
Appears in 3 contracts