Common use of Changes Affecting Representations Clause in Contracts

Changes Affecting Representations. While this Plan of Merger is in effect, if either Chemical or O.A.K. becomes aware of any facts or the occurrence or impending occurrence of any event that (i) would cause one or more of the representations and warranties it has given in Article III or IV, respectively, subject to the exceptions contained in the Chemical Disclosure Statement or the O.A.K. Disclosure Statement, respectively, to become untrue or incomplete in any material respect; or (ii) would have caused one or more of such representations and warranties to be untrue or incomplete in any material respect had such facts been known or had such event occurred prior to the date of this Plan of Merger, then such party shall immediately give detailed written notice of such discovery or change, including a detailed description of the underlying facts or events, together with all pertinent documents, to the other party.

Appears in 2 contracts

Sources: Merger Agreement (O a K Financial Corp), Merger Agreement (Chemical Financial Corp)

Changes Affecting Representations. While this Plan of Merger is in effect, if either Chemical or O.A.K. Shoreline becomes aware of any facts or of the occurrence or impending occurrence of any event that (ia) would cause one or more of the representations and warranties it has given in Article III or IV, respectively, subject to the exceptions contained in the Chemical Disclosure Statement or the O.A.K. Shoreline Disclosure Statement, respectively, to become untrue or incomplete in any material respect; or (iib) would have caused one or more of such representations and warranties to be untrue or incomplete in any material respect had such facts been known or had such event occurred prior to the date of this Plan of Merger, then such party shall immediately give detailed written notice of such discovery or change, including a detailed description of the underlying facts or events, together with all pertinent documents, to the other party.

Appears in 1 contract

Sources: Merger Agreement (Chemical Financial Corp)