any fraud or misrepresentation by Borrower, Guarantor or any of their respective Affiliates in connection with the Loan;

misrepresentation (within the meaning of [Section 11(f)] of the Securities Act) shall be entitled to contribution from

any breach or misrepresentation of the SPE Provisions, other than one described in [Section 10.7(b)(iii)] below; or

any untrue representation, misrepresentation or breach of warranty by or of Cosmos contained in or pursuant to this Agreement;

misrepresentation, tortious interference, invasion of privacy, negligent hiring or supervision, or any other claims based in contract, tort or equity.

any misrepresentation or incorrectness in or breach by Assignor of any representation or warranty made by it contained in this Agreement;

the Employee engages in any fraud, misrepresentation, theft, embezzlement or misappropriation with respect to the Company, or its properties, funds or businesses;

Executive’s conviction of, or plea of guilty to, any felony charge, or of any crime involving moral turpitude, fraud or misrepresentation;

misrepresentation contained herein, or # any misstatement of a material fact or omission to state a material fact required to be stated herein or necessary to make the statements herein not misleading.

Section # Materiality. For purposes of # determining the existence of any such misrepresentation, breach or inaccuracy and # calculating the amount of any Losses incurred in connection with any misrepresentation or breach or inaccuracy of any representation or warranty of any Party in Article 3, 4 or 5 set forth herein, any and all references to “materiality” or “Material Adverse Effect” (or other correlative or similar terms) shall be disregarded and each representation or warranty made by any Party in Article 3, 4 or 5, as applicable, shall be deemed made without any such qualifications or limitations.