Examples of Fundamental Representation in a sentence
Notwithstanding anything contained herein to the contrary, the Deductible shall not apply to claims by the Buyer to the extent arising from (i) the Seller’s breach of a Seller Fundamental Representation, Section 3.4 or any covenant contained in this Agreement, and (ii) fraud or willful misrepresentation, which claims shall be subject to indemnification from dollar one.
A representation or warranty which is not a Fundamental Representation, or a Special Representation is referred to herein as a “Non-Fundamental Representation.” All covenants and agreements that by their terms apply or are to be performed in whole or in part after the Closing will survive indefinitely or for the period provided in such covenants and agreements, if any, or until fully performed.