Applicability of Basket. The limitations set forth in Section 9.03(a) shall not apply: (i) to inaccuracies in or breaches of any of the Seller Fundamental Representations; or (ii) to any of the matters referred to in Sections 9.02(a)(ii) and Section 9.02(a)(iii).
Appears in 2 contracts
Samples: Stock Purchase Agreement (Surgalign Holdings, Inc.), Stock Purchase Agreement (Surgalign Holdings, Inc.)
Applicability of Basket. The limitations set forth in Section 9.03(a) shall not apply: (i) to any Fraud; (ii) to inaccuracies in or breaches of any of the Seller Member Fundamental RepresentationsRepresentations or any of the representations or warranties set forth in Section 3.21; or (iiiii) to any of the matters referred to in Sections 9.02(a)(ii9.02(a)(iii) and through Section 9.02(a)(iii9.02(a)(v), inclusive.
Appears in 2 contracts
Samples: Master Transaction Agreement (RTI Surgical Holdings, Inc.), Master Transaction Agreement (Rti Surgical, Inc.)
Applicability of Basket. The limitations set forth in Section 9.03(a10.3(a) shall not apply: (i) in the case of intentional or willful misrepresentation or fraud; (ii) to inaccuracies in or breaches of any of the Seller Fundamental Specified Representations; or and (iiiii) to any of the matters referred to in Sections 9.02(a)(ii10.2(a)(iii), 10.2(a)(iv), 10.2(v), 10.2(a)(vi) and Section 9.02(a)(iii10.2(a)(vii).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
Applicability of Basket. The limitations set forth in Section 9.03(a9.3(a) shall not apply: (i) in the case of Fraud; (ii) to inaccuracies in or breaches of any of the Seller Fundamental Specified Representations; or (iiiii) to any of the matters referred to in Sections 9.02(a)(ii9.2(a)(ii), 9.2(a)(iii), 9.2(a)(iv) 9.2(a)(v), 9.2(a)(vi), 9.2(a)(vii) and Section 9.02(a)(iii9.2(a)(viii).
Appears in 1 contract
Applicability of Basket. The limitations set forth in Section 9.03(a10.7(a) shall not apply: (i) in the case of intentional or willful misrepresentation or fraud; (ii) to inaccuracies in or breaches of any of the Seller Fundamental Specified Representations; or and (iiiii) to any of the matters referred to in Sections 9.02(a)(ii10.6(a)(iii) and Section 9.02(a)(iii10.6(a)(iv).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
Applicability of Basket. The limitations set forth in Section 9.03(a8.03(a) shall not apply: (i) in the event of Fraud (whether on the part of Seller or the Company) or (ii) to inaccuracies in or breaches of any of the Seller Fundamental Representations; or (ii) to any of the matters referred to in Sections 9.02(a)(ii) and Section 9.02(a)(iii).
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Akerna Corp.)
Applicability of Basket. The limitations set forth in Section 9.03(a8.03(a) shall not apply: (i) in the event of fraud, intentional misrepresentation or willful misconduct (whether on the part of any Seller or the Company) or (ii) to inaccuracies in or breaches of any of the Seller Fundamental Representations; or (ii) to any of the matters referred to in Sections 9.02(a)(ii) and Section 9.02(a)(iii).
Appears in 1 contract
Applicability of Basket. The limitations that are set forth in Section 9.03(a11.02(b) shall not apply: (i1) in the case of fraud or intentional misrepresentation; (2) to inaccuracies in or breaches of any of the Seller Fundamental Specified Representations; or (ii3) to any of the matters referred to in Sections 9.02(a)(ii) and Section 9.02(a)(iii11.02(a)(4).
Appears in 1 contract
Applicability of Basket. The limitations set forth in Section 9.03(a10.3(a) shall not apply: (i) in the case of fraud or intentional misrepresentation; (ii) to inaccuracies in or breaches of any of the Seller Fundamental Specified Representations; or (iiiii) to any of the matters referred to in Sections 9.02(a)(ii) and Section 9.02(a)(iii10.2(a)(iii), 10.2(a)(iv), 10.2(a)(v), or 10.2(a)(vi).
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)
