Common use of Disclaimer Regarding Projections Clause in Contracts

Disclaimer Regarding Projections. Buyer may be in possession of certain projections and other forecasts regarding the Acquired Companies, including but not limited to projected financial statements, cash flow items and other data of the Acquired Companies and certain business plan information of the Acquired Companies. Buyer acknowledges that there are substantial uncertainties inherent in attempting to make such projections and other forecasts and plans and accordingly is not relying on them, that Buyer is familiar with such uncertainties, that Buyer is taking full responsibility for making its own evaluation of the adequacy and accuracy of all projections and other forecasts and plans so furnished to it, and that Buyer shall have no claim against anyone with respect thereto. Accordingly, Buyer acknowledges that, without limiting the generality of Section 4.23, except as provided in this Agreement, neither Seller nor any of its Affiliates, Representatives, agents or advisors has made any representation or warranty with respect to such projections and other forecasts and plans.

Appears in 1 contract

Samples: Acquisition Agreement (Sunedison, Inc.)

AutoNDA by SimpleDocs

Disclaimer Regarding Projections. In connection with Buyer’s investigation of the Seller, Buyer may be in possession of has received from the Seller and its representatives and agents certain projections and other forecasts regarding the Acquired Companiesforecasts, including but not limited to including, without limitation, projected financial statements, cash flow items and other data of the Acquired Companies and items, certain business plan information of and other data related to the Acquired CompaniesSeller. Buyer acknowledges that (a) there are substantial uncertainties inherent in attempting to make such projections and other projections, forecasts and plans and accordingly and, accordingly, is not relying on them, that (b) Buyer is familiar with such uncertainties, that Buyer uncertainties and is taking full responsibility for making its own evaluation of the adequacy and accuracy of all projections and other projections, forecasts and plans so furnished to it, it and that (c) Buyer shall have no claim against anyone with respect theretoto any of the foregoing. Accordingly, Buyer acknowledges that, without limiting that neither the generality of Section 4.23, except as provided in this Agreement, neither Seller nor any of its Affiliates, Representatives, agents or advisors the Selling Principal has made any representation or warranty with respect to such projections and other forecasts and plans.

Appears in 1 contract

Samples: Asset Purchase Agreement (GlyEco, Inc.)

Disclaimer Regarding Projections. Buyer may be in possession of certain projections and other forecasts regarding the Projects and the Acquired CompaniesAssets, including but not limited to projected financial statements, cash flow items and other data of the Projects and the Acquired Companies Assets and certain business plan information of the Acquired CompaniesProjects. Buyer acknowledges that there are substantial uncertainties inherent in attempting to make such projections and other forecasts and plans and accordingly is not relying on them, that Buyer is familiar with such uncertainties, that Buyer is taking full responsibility for making its own evaluation of the adequacy and accuracy of all projections and other forecasts and plans so furnished to it, and that Buyer shall have no claim against anyone with respect thereto. Accordingly, Buyer acknowledges that, without limiting the generality of Section 4.23, except as provided in this Agreement‎Section 4.12, neither Seller nor any of its Affiliates, Representatives, agents or advisors has made any representation or warranty with respect to such projections and other forecasts and plans. Nothing contained in this ‎Section 4.09 shall limit the rights of Buyer with respect to any representation or warranty of Parent or Seller contained in Article ‎3 of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Dayton Power & Light Co)

AutoNDA by SimpleDocs

Disclaimer Regarding Projections. Buyer may be in possession of certain projections and other forecasts regarding Seller, the Acquired CompaniesAssets, the Assumed Liabilities and the Facility, including but not limited to projected financial statements, cash flow items and other data of Seller and the Acquired Companies Facility and certain business plan information of Seller and the Acquired CompaniesFacility. Buyer acknowledges that there are substantial uncertainties inherent in attempting to make such projections and other forecasts and plans and accordingly is are not relying on them, that Buyer is familiar with such uncertainties, that Buyer is taking full responsibility for making its own evaluation of the adequacy and accuracy of all projections and other forecasts and plans so furnished to it, and that Buyer shall not have no any claim against anyone with respect thereto. Accordingly, Buyer acknowledges that, without limiting the generality of Section 4.23, except as provided in this Agreement4.10, neither Seller nor any of its Affiliates, Representatives, agents or advisors has made any representation or warranty with respect to such projections and other forecasts and plans.

Appears in 1 contract

Samples: Asset Purchase Agreement (Vistra Energy Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!