Consistency in Reporting. Each party hereto agrees that if the characterization of any transaction contemplated in this agreement or any ancillary or collateral transaction is challenged, each party hereto will testify, affirm and ratify that the characterization contemplated in such agreement was the characterization intended by the party; provided, however, that nothing herein shall be construed as giving rise to any obligation if the reporting position is determined to be incorrect by final decision of a court of competent jurisdiction.
Appears in 34 contracts
Samples: Share Exchange Agreement (Global Seed Corp), Definitive Agreement (Elite Data Services, Inc.), Definitive Agreement (Elite Data Services, Inc.)
Consistency in Reporting. Each party hereto agrees that if the characterization of any transaction contemplated in this agreement Agreement or any ancillary or collateral transaction is challenged, each party hereto will testify, affirm and ratify that the characterization contemplated in such agreement was the characterization intended by the party; provided, however, that nothing herein shall be construed as giving rise to any obligation if the reporting position is determined to be incorrect by final decision of a court of competent jurisdiction.
Appears in 5 contracts
Samples: Share Exchange Agreement (Benaco, Inc.), Merger Agreement And (Allstar Restaurants), Merger Agreement And (Southern Sauce Company, Inc.)
Consistency in Reporting. Each party hereto agrees that if the characterization of any transaction contemplated in this agreement or any ancillary or collateral transaction is challenged, each party hereto will shall testify, affirm and ratify that the characterization contemplated in such agreement was the characterization intended by the party; provided, however, that nothing herein shall be construed as giving rise to any obligation if the reporting position is determined to be incorrect by final decision of a court of competent jurisdiction.
Appears in 1 contract
Samples: Share Exchange Agreement (Velvet Rope Special Events, Inc.)
Consistency in Reporting. Each party hereto agrees that if the characterization of any transaction contemplated in this agreement or any ancillary or collateral transaction is challenged, each party hereto will testify, affirm and ratify that the characterization contemplated in such agreement was the characterization intended by the party; provided, however, that nothing herein shall be construed as giving rise to any obligation if the reporting position is determined to be incorrect by final decision of a court of competent jurisdiction.. Section 7.2
Appears in 1 contract
