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).
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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 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).
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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).
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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).
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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
Samples: Merger Agreement (Yelp 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 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).
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Applicability of Basket. The limitations set forth in Section 9.03(a9.2(d)(i) shall not apply: apply (and shall not limit the indemnification or other obligations of any Effective Time Holder): (i) in the event of Fraud; (ii) to inaccuracies in or breaches of any of the Seller Fundamental Representations; or (iiiii) to any of the matters referred to in Sections 9.02(a)(iiSection 9.2(a)(ii) and through Section 9.02(a)(iii9.2(a)(xii), inclusive.
Appears in 1 contract
Samples: Merger Agreement (INPHI Corp)
