Common use of Delivery of Supplements to Disclosure Schedules Clause in Contracts

Delivery of Supplements to Disclosure Schedules. Five (5) Business Days prior to the Closing Date, each party will supplement or amend its Disclosure Schedule with respect to any matter hereafter arising which, if existing or occurring at or prior to the date of this Agreement, would have been required to be set forth or described in such Disclosure Schedule or which is necessary to correct any information in the Disclosure Schedule or in any representation and warranty made by the disclosing party which has been rendered inaccurate thereby. For purposes of determining the accuracy of the representations and warranties contained in Article III and Article IV hereof in order to determine the fulfillment of the conditions set forth in Section 7.01(a) and Section 7.02(a) hereof, the Disclosure Schedules of Company and Buyer shall be deemed to include only that information contained therein as of the date of this Agreement unless changes thereto are agreed upon by the parties hereto in writing.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (First Midwest Bancorp Inc), Agreement and Plan of Merger (Covest Bancshares Inc)

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Delivery of Supplements to Disclosure Schedules. Five (5) Business Days business days prior to the Closing DateEffective Time, each party will supplement or amend its Disclosure Schedule with respect to any matter hereafter arising which, if existing or occurring at or prior to the date of this Agreement, would have been required to be set forth or described in such Disclosure Schedule or which is necessary would have been included as an exception to correct any information in the Disclosure Schedule or in any representation and warranty made by the disclosing party which has been rendered inaccurate therebyparty. For purposes of determining the accuracy of the representations and warranties contained of Parent Bank, Parent and Company Entities contained, respectively, in Article Articles II and III and Article IV hereof in order to determine the fulfillment of the conditions set forth in Section 7.01(a6.1(a) and Section 7.02(a6.2(a) hereof, the Disclosure Schedules Schedule of Company and Buyer each party shall be deemed to include only that information contained therein as of on the date it is delivered to the other party prior to the execution of this Agreement unless changes thereto are agreed upon by the parties hereto in writingAgreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Monterey Bay Bancorp Inc), Agreement and Plan of Merger and Reorganization (Business Bancorp /Ca/)

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