A. REPRESENTATIONS AND WARRANTIES OF THE COMPANY. The Company represents and warrants to the Buyer that as at the date of this Agreement and as at the Closing Date (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such specified date), except as set forth in its Public Documents (as defined in Section 3A(h) below) (excluding disclosures of non-specific risks faced by the Company and its subsidiaries (the “Group”)) included in any forward-looking statement, disclaimer, risk factor disclosure or other similarly non-specific statements that are similarly predictive or forward-looking in nature; provided, however that (i) any historical facts related to the Group and (ii) any specific exposure or effect faced by the Group emanating from specifically disclosed facts contained within any such disclosure shall be deemed disclosed for purposes of the representations and warranties set forth in this Article 3A):
Appears in 3 contracts
Samples: Share Purchase Agreement (Semiconductor Manufacturing International Corp), Share Purchase Agreement (Datang Telecom Technology & Industry Holdings LTD), Share Purchase Agreement (Semiconductor Manufacturing International Corp)
A. REPRESENTATIONS AND WARRANTIES OF THE COMPANY. The Company represents and warrants to the Buyer that as at the date of this Agreement and as at the Closing Date (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such specified date), except as set forth in its Public Documents (as defined in Section 3A(h) below) (excluding disclosures of non-specific risks faced by the Company and its subsidiaries (the “Group”)) included in any forward-looking statement, disclaimer, risk factor disclosure or other similarly non-specific statements that are similarly predictive or forward-looking in nature; provided, however that (i) any historical facts related to the Group and (ii) any specific exposure or effect faced by the Group emanating from specifically disclosed facts contained within any such disclosure shall be deemed disclosed for purposes of the representations and warranties set forth in this Article 3ASection 3(A):
Appears in 2 contracts
Samples: Share Purchase Agreement (Semiconductor Manufacturing International Corp), Share Purchase Agreement (China Investment Corp)
A. REPRESENTATIONS AND WARRANTIES OF THE COMPANY. The Company represents and warrants to the Buyer that as at the date of this Agreement and as at the Closing Date (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such specified date), except as set forth in its Public Documents (as defined in Section 3A(h) below) (excluding disclosures of non-specific nonspecific risks faced by the Company and its subsidiaries (the “Group”)) included in any forward-looking forwardlooking statement, disclaimer, risk factor disclosure or other similarly non-specific nonspecific statements that are similarly predictive or forward-looking forwardlooking in nature; nature; provided, however that (i) any historical facts related to the Group and (ii) any specific exposure or effect faced by the Group emanating from specifically disclosed facts contained within any such disclosure shall be deemed disclosed for purposes of the representations and warranties set forth in this Article 3A):
Appears in 1 contract
Samples: Share Purchase Agreement
A. REPRESENTATIONS AND WARRANTIES OF THE COMPANY. The Company represents and warrants to the Buyer that as at the date of this Agreement and as at the Closing Date (except for representations and warranties that speak as of a specific date, which shall be true and correct as of such specified date), except as set forth in its Public Documents (as defined in Section 3A(h) below) (excluding disclosures of non-specific nonspecific risks faced by the Company and its subsidiaries (the “Group”)) included in any forward-looking forwardlooking statement, disclaimer, risk factor disclosure or other similarly non-specific nonspecific statements that are similarly predictive or forward-looking forwardlooking in nature; nature; provided, however that (i) any historical facts related to the Group and (ii) any specific exposure or effect faced by the Group emanating from specifically disclosed facts contained within any such disclosure shall be deemed disclosed for purposes of the representations and warranties set forth in this Article 3ASection 3(A):
Appears in 1 contract
Samples: Share Purchase Agreement
