Designated Affiliate. The Purchaser will use its commercially reasonable efforts to designate a Designated Affiliate as soon as practicable following the date of this Agreement and, in any event, will make such designation not less than ten (10) days prior to the Closing. The Purchaser acknowledges and agrees that any representation, warranty or covenant of the Seller which is breached or not true and correct, shall be deemed not breached and true and correct to the extent such breach or inaccuracy resulted solely from the designation of a Designated Affiliate.
Appears in 4 contracts
Samples: Share and Asset Purchase Agreement (Chemtura CORP), Share and Asset Purchase Agreement (Chemtura CORP), Share and Asset Purchase Agreement