Accuracy of Oakmont’s Representations and Warranties. The representations and warranties of Oakmont and New Oakmont contained in this Agreement shall be true and correct as of the Closing Date as though made at that time (without regard to any “material,” “materiality” or “Oakmont Material Adverse Effect” qualifications included therein and except that those representations and warranties that speak as to a stated date, in which case such representation shall be true and correct as of such date), except to the extent that the failure of the representations and warranties, taken as a whole, to be true and correct would not reasonably be expected to have an Oakmont Material Adverse Effect, to materially delay the Closing or to materially and adversely affect the ability of Oakmont or New Oakmont to consummate the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Brooke Corp), Agreement and Plan of Merger (Oakmont Acquisition Corp.)
Accuracy of Oakmont’s Representations and Warranties. The representations and warranties of Oakmont and New Oakmont contained in this Agreement shall be true and correct as of the Closing Date as though made at that time (without regard to any “material,” “materiality” or “Oakmont Material Adverse Effect” qualifications included therein and except that those representations and warranties that speak as to a stated date, in which case such representation shall be true and correct as of such date), except to the extent that the failure of the representations and warranties, taken as a whole, to be true and correct would not reasonably be expected to have an Oakmont Material Adverse Effect, to materially delay the Closing or to materially and adversely affect the ability of Oakmont or New Oakmont to consummate the transactions contemplated by this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Oakmont Acquisition Corp.), Agreement and Plan of Merger (Oakmont Acquisition Corp.)