Common use of Disclosure Letters Clause in Contracts

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 or to one or more of its covenants or agreements contained in Articles 4 or 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such partyParty’s representations or warranties contained in Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, provided that (i) no such item is required to be set forth in a partyParty’s Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.23.5, and (ii) the mere inclusion of an item in a partyParty’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, shall be deemed to qualify (ia) any subsections of Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, specifically referenced or cross-referenced and (iib) other subsections of Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 3.3, or to one or more of its covenants or agreements contained in Articles Article 4 or Article 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such partyParty’s representations or warranties contained in Section 3.3 4.3 or to one or more of its covenants or agreements contained in Articles 4 or Article 5; provided, that (i) no such item is required to be set forth in a partyParty’s Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.24.2, and (ii) the mere inclusion of an item in a partyParty’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section 3.3 4.3 shall be deemed to qualify (ia) any subsections of Section 3.3 4.3 specifically referenced or cross-referenced and (iib) other subsections of Section 3.3 4.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 3.3, or to one or more of its covenants or agreements contained in Articles Article 4 or Article 5, or as required pursuant to Article 6; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ax) applies to such other subsections and (By) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 3.3, or to one or more of its covenants or agreements contained in Articles 4 or 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such partyParty’s representations or warranties contained in Section 3.3 or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, that (i) no such item is required to be set forth in a partyParty’s Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a partyParty’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (ia) any subsections of Section 3.3 specifically referenced or cross-referenced and (iib) other subsections of Section 3.3 to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person Person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to On or before the execution and delivery date of this Agreement, each party FCB has delivered to the other party Parent a letter and Parent has delivered to FCB a letter (each respectively, its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is items that are necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 or 3.4 or to one or more of its covenants or agreements contained in Articles Article 4 or 5; providedprovided that, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that a party that such item represents a material exception or fact, event or circumstance or that that, absent such inclusion in the Disclosure Letter, such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to ). Information disclosed under one section of a subsection of Section 3.3 Disclosure Letter shall be deemed to qualify (i) any subsections sections of Section 3.3 the Agreement specifically referenced or cross-referenced therein and (ii) other subsections sections of Section 3.3 the Agreement to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections sections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsectionssections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 or 3.4, or to one or more of its covenants or agreements contained in Articles 4 or 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made by PBVA with respect to a subsection of Section 3.3 3.3, or by CFFI with respect to a subsection of Section 3.4, shall be deemed to qualify (i) any subsections of Section 3.3 or 3.4, respectively, specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 or 3.4, respectively, to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 or to one or more of its covenants or agreements contained in Articles 4 or 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (its “"Disclosure Letter”") setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s Party's representations or warranties contained in Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, provided that (i) no such item is required to be set forth in a party’s Party's Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.23.5, and (ii) the mere inclusion of an item in a party’s Party's Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, shall be deemed to qualify (ia) any subsections of Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, specifically referenced or cross-referenced and (iib) other subsections of Section Sections 3.1, 3.2, 3.3 and 3.4, as applicable, to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 3.3, or to one or more of its covenants or agreements contained in Articles 4 or 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party.. Table of Contents (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (as it relates to a Party, its “"Disclosure Letter”") setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s Party's representations or warranties contained in Section 3.3 this Article 3 or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, that (ia) no such item is required to be set forth in a party’s Party's Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (iib) the mere inclusion of an item in a party’s Party's Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party such Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section 3.3 or 3.4, as applicable, shall be deemed to qualify (ia) any subsections of Section 3.3 or 3.4, as applicable, specifically referenced or cross-referenced and (iib) other subsections of Section 3.3 or 3.4, as applicable, to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person Person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined hereinbelow) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 3.3, or to one or more of its covenants or agreements contained in Articles ARTICLE 4 or ARTICLE 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery date of this Agreement, each party of UBSH and FMB has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 or to one or more of its covenants or agreements contained in Articles 4 or 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party has delivered to the other party a letter (its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s representations or warranties contained in Section 3.3 3.3, or to one or more of its covenants or agreements contained in Articles ARTICLE 4 or ARTICLE 5; provided, that (i) no such item is required to be set forth in a party’s Disclosure Letter as an exception to any representation or warranty of such party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party.or (b) Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (i) any subsections of Section 3.3 specifically referenced or cross-referenced and (ii) other subsections of Section 3.3 to the extent it is reasonably apparent (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (A) applies to such other subsections and (B) contains sufficient detail to enable a reasonable person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (its “Disclosure Letter”"DISCLOSURE LETTER") setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s Party's representations or warranties contained in Section 3.3 or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, that (i) no such item is required to be set forth in a party’s Party's Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (ii) the mere inclusion of an item in a party’s Party's Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section 3.3 shall be deemed to qualify (ia) any subsections of Section 3.3 specifically referenced or cross-referenced and (iib) other subsections of Section 3.3 to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person Person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (as it relates to a Party, its “Disclosure Letter”) setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such partyParty’s representations or warranties contained in Section 3.3 this Article 3 or to one or more of its covenants or agreements contained in Articles 4 or 5Article 4; provided, that (ia) no such item is required to be set forth in a partyParty’s Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.2, and (iib) the mere inclusion of an item in a partyParty’s Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party such Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section 3.3 or 3.4, as applicable, shall be deemed to qualify (ia) any subsections of Section 3.3 or 3.4, as applicable, specifically referenced or cross-referenced and (iib) other subsections of Section 3.3 or 3.4, as applicable, to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person Person to recognize the relevance of such disclosure to such other subsections.

Disclosure Letters. (a) Prior to the execution and delivery of this Agreement, each party Party has delivered to the other party Party a letter (its “"Disclosure Letter”") setting forth, among other things, items the disclosure of which is necessary or appropriate either in response to an express disclosure requirement contained in a provision hereof or as an exception to one or more of such party’s Party's representations or warranties contained in Section 3.3 4.3 or to one or more of its covenants or agreements contained in Articles 4 or Article 5; provided, that (i) no such item is required to be set forth in a party’s Party's Disclosure Letter as an exception to any representation or warranty of such party Party if its absence would not result in the related representation or warranty being deemed untrue or incorrect under the standard established by Section 3.24.2, and (ii) the mere inclusion of an item in a party’s Party's Disclosure Letter as an exception to a representation or warranty shall not be deemed an admission by that party Party that such item represents a material exception or fact, event or circumstance or that such item is reasonably likely to result in a Material Adverse Effect (as defined herein) with respect to such party. (b) Party. Any disclosures made with respect to a subsection of Section 3.3 4.3 shall be deemed to qualify (ia) any subsections of Section 3.3 4.3 specifically referenced or cross-referenced and (iib) other subsections of Section 3.3 4.3 to the extent it is reasonably apparent clear (notwithstanding the absence of a specific cross reference) from a reading of the disclosure that such disclosure (Ai) applies to such other subsections and (Bii) contains sufficient detail to enable a reasonable person Person to recognize the relevance of such disclosure to such other subsections.