Certain Defenses. (1) If Buyer makes any claim for indemnification against Seller or the Shareholders arising under Section 4.35, Seller and the Shareholders shall be entitled to assert all defenses that constitute a defense to any action brought under section 10 of the Securities Exchange Act of 1934, section 12(2) of the Securities Act of 1933 and common law fraud.
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Certain Defenses. (1) If Buyer makes any claim for indemnification against Seller or the Shareholders arising under Section 4.356.28, Seller and the Shareholders shall be entitled to assert all defenses available to Seller, including but not limited to those that constitute a defense to any action brought under section 10 of the Securities Exchange Act of 1934, section 12(2) of the Securities Act of 1933 and common law fraud.
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Certain Defenses. (1) If Buyer makes any claim for indemnification against Seller or the Shareholders arising under Section 4.354.25, Seller and the Shareholders shall be entitled to assert all defenses that constitute a defense to any action brought under section 10 of the Securities Exchange Act of 1934, section 12(2) of the Securities Act of 1933 and common law fraud.
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Samples: Asset Purchase Agreement (Green Mountain Coffee Inc)
Certain Defenses. (1) If Buyer makes any claim Claim for indemnification against Seller or the Shareholders parent arising under Section 4.354.31, Seller and the Shareholders Parent shall be entitled to assert all defenses that constitute a defense to any action brought under section 10 of the Securities Exchange Act of 1934, section 12(2) of the Securities Act of 1933 and common law fraud.
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