Accuracy of the Buyer’s Representations and Warranties. The representations and warranties of the Buyer shall be true and correct in all material respects as of the date when made and as of the Initial Closing and as of each Settlement Date as though made at that time (except for representations and warranties that speak as of a particular date, which shall be true and correct in all material respects as of such dates).
Accuracy of the Buyer’s Representations and Warranties. The representations and warranties of the Buyer contained in this Agreement that are qualified as to materiality shall be true and correct and the representations and warranties of the Buyer set forth in this Agreement and that are not so qualified shall be true and correct in all material respects, in each case on the date of this Agreement and on the Closing Date as though made on the Closing Date, except those representations and warranties that address matters only as of a particular date or only with respect to a specific period of time, which need only be true and accurate (or true and accurate in all material respects, as applicable) as of such date or with respect to such period; provided, however, that a breach of any of the foregoing representations and warranties shall not constitute the non-fulfillment of the foregoing condition (x) if such breach is cured prior to the Closing or the termination of this Agreement in accordance with its terms or (y) unless such breach, individually or in the aggregate with all other breaches, impairs the execution, delivery or performance by the Buyer of this Agreement or the consummation by the Buyer of the transactions contemplated hereby.
Accuracy of the Buyer’s Representations and Warranties. (i) The representations and warranties of the Buyer set forth in Section 5.1 (Organization), Section 5.2 (Authorization), Section 5.4 (Government Authorizations) and Section 5.7 (Brokers’ Fees) shall be true and correct as of the Closing Date with the same effect as if made at and as of the Closing Date (except to the extent such representations and warranties specifically related to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date); and the Sellers shall have received a certificate signed by a duly authorized officer of the Buyer confirming the foregoing as of the Closing Date.
(ii) All representations and warranties of the Buyer contained in Article V, other than those set forth in clause (i) above, shall be true and correct as of the Closing Date with the same effect as if made at and as of the Closing Date (except to the extent such representations and warranties specifically related to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date), it being understood that (i) any inaccuracies in such representations and warranties shall be disregarded if the circumstances giving rise to such inaccuracies (considered collectively) would not result in a Buyer Material Adverse Effect and (ii) for purposes of determining whether such representations and warranties are true and correct, all “Buyer Material Adverse Effect” qualifications and other materiality qualifications (whether qualitative or quantitative, other than those qualifications specifically referring to a certain dollar amount) in such representations and warranties (or in the applicable representations and warranties in the Timber SPA, in the case of the representations and warranties in Section 5.11(b)) shall be disregarded; and the Sellers shall have received a certificate signed by a duly authorized officer of the Buyer confirming the foregoing as of the Closing Date.
Accuracy of the Buyer’s Representations and Warranties. The representations and warranties of the Buyer contained in this Agreement shall be true and correct as of the Closing Date with the same effect as if made at and as of the Closing Date (except to the extent such representations and warranties specifically related to an earlier date, in which case such representations and warranties shall be true and correct as of such earlier date), it being understood that, (i) any inaccuracies in such representations and warranties shall be disregarded if the circumstances giving rise to such inaccuracies (considered collectively) would not result in a material adverse effect on the ability of the Buyer to consummate timely the transactions contemplated by this Agreement and (ii) for purposes of determining whether such representations and warranties are true and correct, all “material adverse effect” qualifications and any other materiality, in all material respects or other similar qualifications (whether qualitative or quantitative, other than those qualifications specifically referring to a certain Dollar amount) in such representations and warranties shall be disregarded; and the Sellers shall have received a certificate signed by a duly authorized officer of the Buyer confirming the foregoing as of the Closing Date.
